Motorcycle Accident

Here’s what to know about Injuries and Wrongful Death Claims in Motorcycle Accident

Motorcycle accidents can result in catastrophic injuries or fatal crashes that lead to wrongful death because riders lack the protection of a car’s frame, airbags and crumple zones. If a motorcycle crash has left you or someone you know, dealing with injuries, medical bills and uncertainty in Los Angeles, the San Fernando Valley, Riverside or anywhere in California, our experienced motorcycle accident lawyers at Walch Law can help investigate the crash, establish liability and pursue compensation for your medical bills, lost income and other damages. You deserve answers, support and a legal team that takes your recovery seriously. Contact us today for a free case evaluation and legal assistance.

Losing a loved one in a fatal motorcycle accident is heartbreaking and dealing with legal and financial concerns can make an already painful time even harder. Walch Law’s experienced wrongful death attorneys help families understand their rights and pursue compensation after a fatal motorcycle crash. Because important legal deadlines apply, do not wait to seek guidance. Contact Walch Law today for a FREE and confidential consultation or at 866-465-8792 or 818-222-3400. There is NO FEE unless we recover compensation for you.

Motorcycle Accident Statistics: What the Latest Data Reveals

According to the latest data from the National Highway Traffic Safety Administration (NHTSA), motorcycle crashes remain a serious road safety concern in the United States. These key government statistics highlight the risks riders face and the potentially devastating consequences of motorcycle accidents.

• 6,228 motorcyclists were killed in 2024, down 2.2% from 6,366 in 2023. Motorcyclists were 16% of all traffic fatalities (NHTSA, Motorcycles: 2024 Data, DOT HS 813 824).
• In 2024, motorcyclists died at a rate of 28.00 deaths per 100 million vehicle miles traveled, versus 1.05 for passenger car occupants, about 27 times higher (NHTSA).
• About 34% of motorcyclists killed in 2024 were not wearing a helmet, based on known helmet use. The unhelmeted share was 48% in states without universal helmet laws and 11% in states with them (NHTSA).
• California is a universal helmet law state and helmet use remains one of the most effective ways to reduce the risk of fatal head injury.

Why Motorcycle Accidents Cause Such Serious Injuries

A rider is exposed on every side. In a crash, the body can hit the vehicle, the pavement and nearby objects, often in a matter of seconds. Even a crash at moderate speed can cause broken bones, brain trauma and deep abrasions. Riders can also be thrown into oncoming traffic or struck by a second vehicle. There is also a human factor. Many drivers simply do not see motorcycles and some people hold unfair stereotypes about riders. Insurance companies know this and may argue that the rider was careless even when the driver caused the crash. A good attorney anticipates this from the start. 

In Dominguez v. Pantalone (1989) 212 Cal.App.3d 201. case, a car turned in front of an approaching motorcycle, causing a collision that left the rider with permanent brain injuries and hearing loss. The jury found the driver entirely at fault and awarded $1,557,400 in damages. The case illustrates how a driver’s negligence can cause life-changing motorcycle injuries and why the evidence must be carefully examined when fault is disputed.

Common Causes of Motorcycle Accidents

• Left-turn collisions. A driver turns left in front of an oncoming rider and claims “I never saw him.”
• Unsafe lane changes and drifting into the rider’s lane (Veh. Code, § 21658).
• Following too closely and rear-end crashes (Veh. Code, § 21703).
• Unsafe turning without signaling (Veh. Code, §§ 22107, 22108).
• Distracted driving, including handheld phone use (Veh. Code, § 23123).
• Impaired driving by another driver or in rare cases by the rider.
• Speeding or aggressive driving by a car or truck driver.
• Opening a car door into a rider’s path (Veh. Code, § 22517).
• Dangerous road conditions, including potholes, gravel, oil, uneven pavement, missing signs or poorly designed intersections.
• Defective motorcycles, tires, brakes or helmets, which can support a product liability claim.
• Commercial truck and bus crashes, which can involve company liability.

Motorcycles are particularly sensitive to road defects. A pothole that a car might hit with a bump can throw a rider. That is why claims involving roadway conditions deserve careful investigation, including whether a public agency was responsible.

Common Motorcycle Accident Injuries

• Traumatic brain injuries and concussions, even with a helmet
• Spinal cord injuries and paralysis
• Fractures of the wrists, arms, hips, legs, ribs, collarbone and pelvis
• Road rash, including deep abrasions that can require skin grafts and cause scarring
• Internal injuries and organ damage
• Facial and dental injuries, scarring and disfigurement
• Amputations and crush injuries
• Psychological trauma, including anxiety, depression and PTSD
• Death, leading to wrongful death claims for the family

Appropriate gear can reduce injury severity. California law requires riders and passengers to wear a DOT-compliant helmet (Veh. Code, § 27803). Protective jackets, gloves, boots and reinforced pants help, and bright or reflective gear improves visibility. But gear does not shift legal responsibility away from a negligent driver.

Who Can Be Held Responsible?

• The at-fault driver and the vehicle owner in some cases.
• An employer if the driver was working. Companies can be responsible for their employees’ driving.
• Trucking and delivery companies and rideshare drivers and companies, depending on the facts.
• Government agencies responsible for dangerous road conditions.
• Property owners or contractors who left hazards, such as debris or unsafe driveways and construction zones.
• Manufacturers, distributors and repair shops when a defective part or poor maintenance contributes to a crash. California product liability law recognizes design defects, manufacturing defects and failure to warn (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413).

Fault, Lane Splitting and Helmet Arguments

California follows pure comparative negligence. A jury can assign a percentage of fault to each person involved and your damages are reduced by your share (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). For example, if a jury finds you 10% at fault on a $500,000 claim, you could still recover $450,000.

Lane splitting: California is the only state that expressly defines lane splitting in its statutes. Vehicle Code section 21658.1, effective January 1, 2017, defines it as driving a motorcycle between rows of stopped or moving vehicles in the same lane. It is not a violation by itself, but a rider can still be found negligent if it was done unsafely, such as at a high speed or in dangerous conditions. The CHP has issued general safety guidelines on this topic that are not law, but may be discussed in a case.

Helmet use: Helmets are required by law (Veh. Code, § 27803). If a rider was not wearing one, an insurer will often argue that it worsened the injuries. Even then, fault for causing the crash is separate from the question of what injuries a helmet would have prevented. These arguments need to be answered with medical and accident reconstruction evidence.

Insurance Issues After a California Motorcycle Crash

Minimum insurance limits have increased

Since January 1, 2025, California’s minimum liability limits are $30,000 per person, $60,000 per accident for injury or death and $15,000 for property damage. Those limits are still low compared with the cost of a serious motorcycle injury. If the at-fault driver has only the minimum, your recovery from that policy may be limited.

Your own coverage can matter

Your uninsured and underinsured motorist (UM/UIM) coverage and medical payments coverage may help if the at-fault driver has no insurance, too little insurance or flees the scene. Other sources may include an employer’s insurance, a commercial policy or claims against a vehicle owner.

Proposition 213 and uninsured riders

California’s Proposition 213 (Civ. Code, § 3333.4) generally bars an uninsured driver or owner from recovering non-economic damages, such as pain and suffering, in a motor vehicle accident claim, even if someone else caused the crash. The California Supreme Court applied the law in Hodges v. Superior Court (1999) 21 Cal.4th 109. If you were uninsured or if the other person was, please ask us how this affects your case.

What Compensation May Be Available?

• Medical expenses, past and future, including hospital care, surgery, therapy, psychological care and dental work
• Lost wages and earning capacity, including time off work even if you used sick leave or vacation. Benefits you earned should not be used to reduce what the responsible party owes (the “collateral source rule,” see Helfend v. Southern California Rapid Transit Dist. (1970) 2 Cal.3d 1).
• Pain and suffering, emotional distress and loss of enjoyment of life
• Property damage, including motorcycle repair or replacement, riding gear and loss of use
• Wrongful death damages for eligible family members

When a Motorcycle Crash Is Fatal: Wrongful Death Claims

Losing a rider is devastating. When another party’s negligence causes a death, California law allows certain family members to bring a wrongful death claim. Under Code of Civil Procedure section 377.60, this generally includes the surviving spouse or domestic partner and children, or if there are none, those who would inherit under California law. Others, such as dependents, may qualify in some situations.

Compensation may include loss of financial support, household services, funeral and burial costsand loss of love, companionship, comfort and guidance. The estate may also bring a separate claim for losses the rider suffered before death. A wrongful death lawsuit is generally due within two years (Code Civ. Proc., § 335.1). If a government agency may be responsible, written notice may be due within six months (Gov. Code, § 911.2).

Our wrongful death attorneys know that no amount of money can replace a loved one. We handle every case with compassion and treat families like our own.

What to Do After a Motorcycle Accident

1. Call 911 and get medical care. Some injuries, such as concussions, are not obvious right away.
2. Ask for a police report and get the report number.
3. Photograph everything: the scene, vehicles, road conditions, skid marks, your injuries and damaged gear.
4. Get names and contact information for the other driver, insurance details and witnesses.
5. Keep your helmet and riding gear. Do not repair or discard them. They are evidence.

How Insurance Companies Defend Motorcycle Claims

• Blaming the rider for speeding, lane splitting or “riding aggressively.”
• Claiming the driver “never saw” the motorcycle and that it was unavoidable.
• Arguing that missing gear or a non-compliant helmet caused the injuries.
• Disputing the extent of injuries or pointing to pre-existing conditions.
• Offering a quick, low settlement before the full extent of your injuries is known.

We respond with evidence: accident reconstruction, witness statements, medical records and expert opinions. We prepare each case as if it will go to trial.

Important Deadlines

• Personal injury lawsuit: 2 years from the injury (Code Civ. Proc., § 335.1).
• Wrongful death lawsuit: 2 years from the date of death (Code Civ. Proc., § 335.1).
• Claim against a public entity (road defect): written claim within 6 months (Gov. Code, § 911.2).
• Property damage: generally 3 years (Code Civ. Proc., § 338).

Your own insurance policy may also have notice requirements that are much shorter. Please do not risk losing your rights by waiting.

Why Choose Walch Law for Your Motorcycle Accident Case?

Choosing an experienced California motorcycle accident lawyer can make a difference when pursuing compensation. Walch Law investigates crashes, preserves evidence, identifies responsible parties and insurance coverage, challenges unfair rider-blaming tactics, and works with experts to build strong injury and wrongful death claims.
As a family-owned firm with more than 50 years of experience, thousands of personal injury and wrongful death cases handled, and millions of dollars recovered for clients, we treat every client with compassion and personal attention. Contact us today for a FREE consultation at 866-465-8792 or 818-222-3400, or email info@WalchLaw.com. There is NO FEE unless we recover compensation for you.