This week’s question comes from Andrew from the San Francisco Bay Area who asks:
“What should I do after a motorcycle accident in California if I wasn’t at fault?”
Thank you for your question, Andrew.
May is Motorcycle Safety Awareness Month, a timely reminder of the risks riders face on California roads. As motorcycle accident personal injury attorneys with extensive experience representing motorcyclists, we at Dolan Law Firm understand how overwhelming it can be to navigate the aftermath of a crash. That’s why we’ve compiled answers to the most frequently asked legal questions we hear from motorcycle accident victims across California. If you or someone you know has been involved in a motorcycle crash, this article is for you.
What Should I Do If I Am Involved in an Accident on My Motorcycle?
Start with your safety: call 9-1-1 if you’re injured and seek medical care. Move to a safe place, away from the road. Do not admit fault or sign anything, especially insurance forms until you’ve spoken to a lawyer.
If possible, take photos of the crash scene, your injuries, and any damage to your motorcycle. Keep copies of:
- Medical records and bills
- Repair estimates or receipts
- Wage loss documentation
- Any out-of-pocket expenses
Be sure to request a copy of the Traffic Collision Report from law enforcement, even if it assigns fault to you. Many of our clients face bias in these reports, especially motorcyclists and we routinely fight to correct these inaccuracies and secure full compensation.
Call us toll free at 888-452-4752 or complete our online form. We’ll review your claim for free with no obligation.
Must I Tell the DMV If I Am Involved in a Traffic Accident?
Yes. Under California law, all drivers involved in a vehicle accident must file Form SR-1 with the DMV if:
- Property damage exceeds $750
- Anyone was injured, no matter how minor
- Anyone was killed
You must report the accident within 10 days, even if it occurred on private property or you were not at fault.
A Car Turned Left in Front of Me: Who’s at Fault?
This is one of the most common motorcycle accidents we see. A driver making a left turn into your path is almost always liable, especially if you were riding straight through an intersection. The only exceptions typically involve:
- You speeding excessively
- You running a red light
We’ve handled countless cases where drivers claim they “didn’t see the motorcycle.” That excuse doesn’t hold up in court, and we fight to prove our clients’ right of way.
What Is Comparative Negligence and How Can It Affect My Case?
Comparative negligence is how California law assigns fault in an accident. If you did something that contributed to the crash—or worsened your injuries—your compensation may be reduced.
Examples include:
- Speeding
- Broken headlamp, brake light, or taillight (especially at night)
Unfortunately, some juries wrongly assume that riding a motorcycle is inherently risky and assign fault unfairly. We work hard to challenge these biases and protect your rights.
Will My Health Insurance or Paid Sick Leave Limit My Recovery?
No. Your financial recovery is not reduced because your medical bills were paid by health insurance or your time off was covered by sick leave.
However, your health insurance provider may have a right to reimbursement (also known as subrogation) from your settlement or award. This is another reason it’s essential to have an attorney review your case.
Can I Still Sue If I Wasn’t Wearing a Helmet?
Yes, you can still seek damages, even if you weren’t wearing a helmet. However, not wearing a helmet could reduce the amount of compensation you receive if it’s shown that it made your injuries worse.
California Vehicle Code Section 27803 requires all riders and passengers to wear a helmet. That said, your right to recover damages primarily depends on who caused the crash—not whether you wore a helmet.
How Do I Know If My Helmet Is Legal in California?
Look for a DOT label on the helmet. This indicates that the helmet complies with federal safety standards. Helmets without this label may not be considered lawful in California and could affect your case.
Can the State Really Require Me to Wear a Helmet?
Yes. Helmet laws have been upheld as constitutional and are viewed as part of the state’s duty to protect public safety just like seatbelt laws or speed limits.
Should I Get a Lawyer After a Motorcycle Accident?
Absolutely. Motorcycle accident cases often involve:
- Biased Traffic Collision Reports
- Fault disputes
- Complex insurance negotiations
- Medical cost recovery
- Helmet law considerations
An experienced motorcycle accident attorney can help you determine fault, defend against unfair blame, and pursue maximum compensation.
Contact a Motorcycle Accident Lawyer at Dolan Law Firm
If you’ve been injured in a motorcycle crash in California, we’re here to help. At Dolan Law Firm, we bring decades of experience, courtroom strength, and deep knowledge of motorcycle law to every case.
Let Motorcycle Safety Awareness Month be a reminder to protect your rights and ride with confidence knowing a team of top-rated attorneys has your back.
