How Fault Is Determined in a California Motorcycle Accident

When someone is at fault for a motorcycle accident, they may be legally and financially responsible for the damages caused by the crash. However, identifying who is at fault can be a complex process. Understanding how fault is determined in a California motorcycle accident can help victims protect their right to compensation and demand fair treatment from the insurance companies.

Because California follows a pure comparative negligence system, more than one party can share fault for an accident, including those who suffered injuries. At The Barnes Firm, we have helped countless motorcycle accident victims seek justice by determining fault, countering unfair insurance tactics, and building strong cases that encourage favorable settlement offers. Speak with our California motorcycle accident lawyers to learn more about your rights.

Key Factors Used to Determine Fault in a Motorcycle Accident

Insurance companies, investigators, and personal injury attorneys will analyze all the available evidence to determine who is at fault for a motorcycle accident in California. This evidence may include the following:

• Police reports and other accident documentation
• Witness statements and testimonies
• Vehicle damage patterns, such as skid marks
• Position of the motorcycle and other vehicles after the crash
• Pictures and images taken from the accident scene
• Video footage from surveillance or traffic cameras
• The physical condition of all vehicles involved in the accident

Determining fault for a motorcycle crash involves reconstructing the accident through a comprehensive evaluation of all the contributing factors. Motorcycle accidents often result from the following factors:

Driving Above the Speed Limit

A high percentage of motorcycle riders are involved in accidents caused by others’ preventable human errors, including speeding. Security or traffic cameras may capture moments before the crash and show that another driver was speeding. Eyewitnesses may also confirm that a driver was speeding at the time of the accident.

Unsafe Lane Changes

When changing lanes, unsafe driving practices, such as failing to signal or check blind spots, can increase the risk of a motorcycle crash. If a driver was not looking for the motorcycle rider or failed to see them when switching lanes, they could be at fault for the accident.

Distracted Driving

Distracted driving is a leading cause of many motor vehicle crashes because it takes the driver’s eyes and mind off the road. Texting, using the navigation system, eating, or talking to passengers while driving can create serious distractions and contribute to a motorcycle crash.

Failure to Yield the Right of Way

Motorcycle riders are subject to the same traffic rules and regulations as other vehicle drivers in California. Thus, drivers must yield the right of way to motorcycles just as they would to other cars.

One key challenge for determining fault for an accident involves lane splitting. Lane splitting occurs when a motorcycle travels between two lanes of traffic moving in the same direction. This maneuver is legal in California. Thus, drivers must maintain a proper lookout for motorcycles engaging in lane splitting, as it could lead to liability in the event of a resulting crash.

Poor Road Conditions

Poorly maintained streets and damaged road signage or signals can also contribute to motorcycle accidents in California. The responsible municipality or government agency may be liable for damages if poor road conditions caused the motorcycle accident.

Faulty Parts or Equipment

In some cases, defective car or motorcycle parts can also cause or contribute to a crash. Evidence may indicate that a design or manufacturing defect contributed to an accident or rendered it unavoidable. Therefore, the parts or equipment manufacturer may be liable in a product liability claim.

Understanding California’s Comparative Negligence Law

The pure comparative negligence law in California allows victims to claim compensation for damages, even when they are partially at fault for their own injuries. However, the amount they receive will be reduced proportionately by their share of the blame for the accident.

If you have been injured in a motorcycle crash, the insurance company may try to shift blame to you in an attempt to reduce your payout. While it may seem like the insurance adjusters are on your side, they typically don’t have your best interests in mind. They want to pay the least amount possible, and may use unfair tactics to minimize your claim.

Unfortunately, it can be difficult to recognize and counter such insurance company tactics if you have no legal experience. A motorcycle accident lawyer can stand up to insurance companies that try to take advantage of your situation.

How Fault Is Shared Between Parties in California

In California, multiple parties can share fault for the same accident, meaning more than one party’s behavior contributed in some way to the crash. Parties that may be liable for a motorcycle accident include:

• Other vehicle drivers
• Motorcycle riders
• Construction companies
• Vehicle manufacturers
• Other third parties

For example, a motorcycle accident may be caused by a texting driver who fails to notice a road hazard until the last moment and swerves into the motorcyclist’s lane to avoid it. While the distracted driver shares some fault, the road maintenance crew responsible for the hazard may also be held accountable.

Proving negligence in a California motorcycle crash requires legal guidance to avoid unfair blame and reduced compensation. Speak with a qualified attorney to see how California’s pure comparative negligence for motorcycle accidents may apply to your case.

How Insurance Companies Determine Fault in Motorcycle Accidents

Insurance companies have internal investigative teams that collect and analyze evidence to determine who was at fault. However, their assessment of the crash can be biased because they want to avoid high payouts whenever possible. They may try to blame the victim or contest that the accident actually caused the injuries.

After a motorcycle accident in California, consider working with an experienced attorney who can review the insurance company’s assessment and challenge their determination when necessary. A lawyer can protect you from low settlement offers and fight for the full value of your claim.

What To Do if You Disagree With an Insurance Company’s Fault Determination

If the insurance company determines that your percentage of fault is much higher than you believe is accurate, remember that you have rights and do not have to accept an unfair offer.

To dispute the insurance company’s decision, gather all the available evidence supporting your claim and consult an experienced motorcycle accident lawyer, who can guide you through the legal process. An attorney can negotiate for a full and fair settlement. If the insurance company refuses to make an acceptable settlement offer, your attorney can file a lawsuit against the at-fault party to pursue the full compensation you deserve.

It’s crucial to act quickly. Insurance adjusters will attempt to close your claim as soon as possible after the crash. In addition, you generally only have two years from an accident to file a lawsuit. Contact our team today for a free consultation to review your case and protect your rights.

How a California Motorcycle Accident Lawyer at The Barnes Firm Can Help With Your Case

If you have been injured in a California motorcycle crash, let us help you get the best result possible. The Barnes Firm is one of America’s largest personal injury firms. With over 500 years of combined experience, we possess the knowledge and resources to handle even the most complex motorcycle accident cases in California.

We provide comprehensive representation and relentless advocacy, and will do the following:

• Conduct a full investigation of the crash to determine fault
• Consult expert witnesses to identify the cause of the accident
• Build a strong case based on objective evidence
• Negotiate with insurance companies to maximize financial relief for our clients
• Litigate your case and take it to trial to fight for fair compensation

Your initial consultation is free and confidential, and we charge no fees unless you get paid. Contact our firm today for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes