Can a Motorcycle Rider Still Recover Compensation If They Are Blamed for the Crash?

Motorcycle accident claims are often unfair from the start. The rider may be badly hurt, but the insurance company may still look for reasons to blame them.

They may claim the rider was speeding, lane splitting, hard to see, or taking risks. They may say the rider should have avoided the crash. They may focus on the motorcycle instead of the driver who turned, merged, stopped, or failed to yield.

At Phillips & Pelly, we help injured motorcycle riders across San Diego County. We know how insurance companies use bias and blame to reduce motorcycle accident claims. We also know that being blamed does not always mean you lose your right to compensation.

In California, a motorcycle rider may still recover compensation even if they are found partly at fault. The amount may be reduced by the rider’s share of fault, but partial blame does not automatically end the case.

How Comparative Fault Works in California

California uses comparative fault in personal injury cases. This means more than one person can share responsibility for a crash.

If an injured rider is found partly at fault, their recovery may be reduced by their percentage of fault. For example, if damages are $100,000 and the rider is found 20% at fault, the recovery may be reduced by 20%.

This is why insurance companies often try to assign blame. The more fault they place on the rider, the less they may have to pay.

Common Ways Insurance Companies Blame Motorcycle Riders

Motorcycle riders often face assumptions that drivers of cars do not face. An insurer may focus on the fact that the injured person was riding a motorcycle instead of looking at the driver’s conduct.

Common blame arguments include:

• The rider was speeding.
• The rider was lane splitting.
• The rider came out of nowhere.
• The rider should have been more visible.
• The rider was following too closely.
• The rider changed lanes unsafely.
• The rider failed to brake in time.
• The rider made the injuries worse by riding a motorcycle.

These arguments can affect the value of the claim. They need to be answered with facts, not fear or bias.

Lane Splitting Does Not Automatically Mean the Rider Is at Fault

Lane splitting is often misunderstood. California law defines lane splitting as driving a motorcycle between rows of stopped or moving vehicles in the same lane. California Vehicle Code Section 21658.1 defines lane splitting, but that does not mean every lane-splitting crash is handled the same way.

A rider is not automatically at fault just because lane splitting was involved. The facts still matter.

The insurance company may review the rider’s speed, traffic flow, lane position, road conditions, visibility, and whether another driver made an unsafe lane change or opened a door. A driver who changes lanes without checking for a motorcycle may still be responsible for the crash.

Phillips & Pelly’s San Diego motorcycle accident lawyers understand how California courts and insurers evaluate motorcycle accident claims, including claims involving lane splitting.

Left-Turn Crashes and Motorcycle Accidents

Many motorcycle crashes happen when a driver turns left in front of an oncoming rider. These crashes can be severe because the rider has little protection from impact.

Under California Vehicle Code Section 21801, a driver turning left or making a U-turn must yield to oncoming vehicles that are close enough to create a hazard.

A driver may say they did not see the motorcycle. But failing to see a rider does not automatically excuse the driver. Drivers must look before turning and yield when required.

Evidence can help show whether the driver misjudged distance, turned too soon, failed to signal, or violated the rider’s right of way.

Visibility Arguments in Motorcycle Claims

Drivers often say they did not see the motorcycle. Insurance companies may use that claim to suggest the rider was partly at fault.

But visibility is not a one-sided issue. The question is not only whether the driver saw the rider. The question is whether the driver looked with reasonable care.

A driver may fail to see a motorcycle because they were distracted, rushed, checking a phone, watching GPS directions, or focused only on larger vehicles. That can support the rider’s claim.

Helpful evidence may include witness statements, photos, video footage, vehicle damage, traffic signal information, skid marks, road layout, lighting, and the rider’s lane position.

San Diego Motorcycle Crash Risks

San Diego riders face many crash risks. Freeways, beach traffic, canyon roads, tourist areas, military traffic, downtown congestion, and busy intersections can all create danger.

Motorcycle crashes may happen on I-5, I-8, I-15, I-805, SR-52, SR-94, SR-163, and surface roads throughout Mission Valley, Downtown San Diego, Chula Vista, La Jolla, Pacific Beach, North Park, El Cajon, Oceanside, and Carlsbad.

Crashes often happen when drivers turn left across traffic, merge without checking blind spots, follow too closely, run red lights, or change lanes near motorcycles.

Local road layout can matter. So can traffic flow, visibility, lighting, weather, construction zones, and witness availability.

Motorcycle Injuries Are Often Severe

Motorcycle riders have less protection than people inside cars. Even a crash at a lower speed can cause serious harm.

Common injuries include broken bones, road rash, spinal injuries, traumatic brain injuries, concussions, internal injuries, shoulder injuries, leg injuries, nerve damage, and catastrophic injuries.

If the crash caused a spine injury, learn more about our San Diego spinal injury lawyers. If the injury changed your ability to work, walk, care for yourself, or live as you did before, you can also learn more about catastrophic injury claims.

Evidence That Can Help Reduce Unfair Blame

Motorcycle accident cases need evidence that explains what happened and counters unfair assumptions.

Helpful evidence may include:

• Police reports
• Witness statements
• Helmet camera or dashcam video
• Traffic camera footage
• Photos of the crash scene
• Photos of vehicle and motorcycle damage
• Skid marks and debris
• Medical records
• Accident reconstruction analysis
• Cell phone records in distracted driving cases

The sooner this evidence is gathered, the better. Video may be erased. Witnesses may become harder to reach. Vehicles may be repaired or destroyed.

What Compensation Can an Injured Rider Seek?

The value of a motorcycle accident claim depends on the injuries, treatment, fault evidence, available insurance, lost income, and long-term effects.

A claim may include compensation for medical care, hospital bills, surgery, physical therapy, future treatment, lost wages, reduced earning ability, pain and suffering, emotional distress, scarring, disability, and loss of enjoyment of life.

If the crash caused a death, the family may have the right to bring a wrongful death claim. Learn more about our San Diego wrongful death lawyers.

How Phillips & Pelly Helps Injured Motorcycle Riders

Phillips & Pelly helps motorcycle riders protect their claims after serious crashes. We investigate the crash, gather evidence, handle insurance communications, review medical records, and fight unfair blame.

Our firm has recovered more than $200 million for accident victims and brings more than 90 years of combined legal experience to serious injury claims. We understand how insurers defend motorcycle cases and how to build claims based on facts.

Speak With Phillips & Pelly After a Motorcycle Crash

If you were injured in a motorcycle accident and the insurance company is blaming you, do not assume the case is over. Partial fault does not always prevent recovery in California. Phillips & Pelly can review your case, explain your rights, and help protect your claim. Contact us for a free case evaluation. There is no fee unless we win.