Motorcycle crashes change lives in an instant. Compared with occupants of enclosed vehicles, motorcyclists suffer higher rates of serious injury and catastrophic loss — and that makes motorcycle claims legally and emotionally complicated. If you ride in California (or represent riders), it helps to understand how California law treats liability, damages, insurance, evidence, and common insurance-company defenses. Below I’ll walk through the essentials: what to do after a crash, how liability is decided in California, important deadlines, common pitfalls, and practical tips for maximizing recovery.
1) Quick overview: the legal landscape that matters
A few foundational legal facts frame every motorcycle claim in California:
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In California, property owners have a duty to warn patrons of unsafe conditions that exist on their properties. If there is a hazardous condition that exists that the property owners are aware of, they also must repair the condition so that visitors remain safe. In a recent case that was decided in the Los Angeles County Superior Court, Case No. SC112366, these duties that are owed were illustrated. People who have suffered serious injuries because of the negligence of property owners might want to talk to an experienced premises liability lawyer in Los Angeles.
A recent case in Santa Clara County in which a plaintiff motorcyclist sued a motor vehicle driver for negligence in a motorcycle and car accident case resulted in a verdict of nearly $1.2 million for the plaintiff. The defendant driver had claimed the motorcyclist was negligent and thus at least partly liable for the accident.
“Lane-splitting” occurs when a motorcyclist between lanes of slow-moving or stopped traffic. This practice is against the law in 49 states and the District of Columbia, and California is the only state in the country that does not have a law specifically outlawing lane-splitting. California also does not have a law specifically stating that lane-splitting is legal and, therefore, many motorists become angry when motorcyclists engage in this behavior. Though lane-splitting can be distracting to motorists and can lead to accidents and injuries, the practice can be safe when done in a prudent and safe manner. If a motorcyclist fails to be careful or reasonable when lane-splitting and a collision occurs, any injured