California Accident Attorneys Blog
California’s scenic highways and year-round temperate climate make it a paradise for motorcycle enthusiasts. From the sun-drenched Pacific Coast Highway to the winding mountain roads of the Sierra Nevada, the Golden State offers some of the most breathtaking rides in the world. However, this popularity comes with a somber reality: California consistently ranks among the states with the highest number of motorcycle accidents and fatalities. The freedom and exhilaration of riding a motorcycle also come with a heightened vulnerability. Unlike occupants of passenger vehicles, motorcyclists lack the protection of a steel frame, airbags, and seatbelts. This exposure means that when accidents happen, they are far more likely to result in serious injury or death.Understanding the common causes of these accidents is the first step toward prevention and ensuring safety on the road. For riders, it’s about defensive riding and anticipating the actions of others. For other motorists, it’s about developing a heightened awareness of the motorcycles sharing the road. This comprehensive guide delves into the top 10 causes of motorcycle accidents in California, supported by data from leading traffic safety organizations. We will also explore the legal framework that governs fault in these incidents, referencing the California Vehicle Code (CVC), California Civil Jury Instructions (CACI), and other relevant statutes to provide a clear picture of legal responsibility. Furthermore, we will provide links to resources from victimslawyer.com for those who have been affected by motorcycle accidents and are seeking further information and assistance.
1. Unsafe Lane Changes and Blind Spot Accidents
One of the most frequent and dangerous scenarios for motorcyclists occurs when other drivers make unsafe lane changes. Due to their smaller size, motorcycles can easily be obscured in a vehicle’s blind spot. A driver who fails to properly check their blind spots, mirrors, and look over their shoulder before changing lanes can sideswipe a motorcyclist or cut them off, leading to a devastating collision. The National Highway Traffic Safety Administration (NHTSA) has consistently identified vehicles turning or changing lanes as a leading cause of motorcycle crashes .
Who is at Fault?
In California, the law is clear about the duty of care required when changing lanes. California Vehicle Code (CVC) § 22107 states that no person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after giving an appropriate signal. A driver who changes lanes and collides with a motorcycle has, in most cases, violated this vehicle code section and is therefore negligent.
The concept of negligence is further clarified in the California Civil Jury Instructions (CACI) No. 700, Basic Standard of Care, which requires that a person must use reasonable care in driving a vehicle. A driver who fails to check their blind spots before changing lanes is not exercising reasonable care. Furthermore, CACI No. 705, Turning, reinforces that a driver must use reasonable care when turning or changing lanes. A jury would be instructed to consider whether the driver took all the necessary precautions before moving into the adjacent lane.
For those who have been the victim of an unsafe lane change, understanding your legal rights is crucial. You can find more information on this topic at victimslawyer.com/practice-areas/motorcycle-accidents/.
2. Speeding and Reckless Driving
Speeding is a factor in a significant percentage of all fatal traffic accidents, and motorcycle crashes are no exception. The California Office of Traffic Safety (OTS) reports that unsafe speed is one of the top causes of motorcycle-involved collisions . Speeding reduces the time a rider or another driver has to react to a hazardous situation, increases the braking distance required to avoid a collision, and results in more severe impacts. Reckless driving, which can include excessive speed, weaving through traffic, and other aggressive maneuvers, further elevates the risk of a serious accident.
Who is at Fault?
Determining fault in a speeding-related accident involves California’s Basic Speed Law, CVC § 22350, which states that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. This means that even if a driver is not exceeding the posted speed limit, they can still be found at fault if their speed was unsafe for the conditions. CACI No. 706 (Basic Speed Law) provides the jury with instructions on how to apply this law.
When a driver’s conduct goes beyond mere speeding and into the realm of willful or wanton disregard for the safety of others, it may be considered reckless driving under CVC § 23103. A conviction for reckless driving is strong evidence of fault in a civil claim for a motorcycle accident. For more information on how speed and reckless driving can impact your case, visit victimslawyer.com/practice-areas/motorcycle-accidents/.
3. Driving Under the Influence (DUI) of Alcohol or Drugs
Driving under the influence of alcohol or drugs is a major contributor to all types of traffic accidents, and its effects are particularly devastating in motorcycle crashes. Alcohol and drugs impair a driver’s judgment, coordination, reaction time, and vision, making it incredibly dangerous to operate any vehicle. For motorcyclists, who must constantly make split-second decisions to navigate traffic safely, any level of impairment can be fatal. The NHTSA reports that alcohol-impaired driving is a major problem in motorcycle accidents, with motorcyclists having a higher percentage of alcohol-impaired driving fatalities than any other vehicle type .
Who is at Fault?
California has strict laws against driving under the influence. CVC § 23152 makes it unlawful for a person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. The law also establishes a per se DUI for having a blood alcohol concentration (BAC) of 0.08% or more. A driver who causes an accident while under the influence is considered negligent as a matter of law.
CACI No. 709, Driving Under the Influence, explains that a driver is “under the influence” when they have consumed an amount of alcohol or drugs that impairs their ability to drive in a reasonably careful manner. This instruction is used to supplement a negligence per se instruction, meaning that if a driver is found to be in violation of the DUI statute, they are presumed to be negligent. If you or a loved one has been injured by a drunk or drugged driver, you can find more information about your legal options at victimslawyer.com/practice-areas/motorcycle-accidents/.
4. Left-Turn Accidents
A disproportionately high number of motorcycle accidents occur when a car makes a left turn at an intersection directly into the path of an oncoming motorcycle. These “left-turn accidents” are particularly dangerous because the motorcycle often has little to no time to react, and the impact is typically a violent, head-on or T-bone collision. Drivers often misjudge the speed and distance of an approaching motorcycle, or in some cases, they fail to see the motorcycle at all due to its smaller profile. The Hurt Report, a landmark study on motorcycle safety, found that this type of collision was the most frequent type of motorcycle accident, accounting for a significant portion of all motorcycle crashes .
Who is at Fault?
California law places a significant duty on the driver making a left turn. CVC § 21801(a) requires that the driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway…shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. This means the turning driver has the primary responsibility to ensure the way is clear.
CACI No. 704, Left Turns, further clarifies that a “hazard” exists if an approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of a collision. A driver who turns left in front of a motorcycle, causing a crash, is almost always found to be at fault for violating the motorcycle’s right-of-way. For more information on left-turn accidents and your legal rights, see victimslawyer.com/practice-areas/motorcycle-accidents/.
5. Lane Splitting
California is unique in that it is the only state to have formally legalized motorcycle lane splitting, which is defined as driving a motorcycle between rows of stopped or moving vehicles in the same lane. While lane splitting can be done safely and can help to reduce traffic congestion, it also presents a significant risk of accidents. Drivers in cars may not anticipate a motorcycle passing them in the same lane and may make sudden movements, change lanes without signaling, or open their doors, leading to a collision. The SafeTREC report from UC Berkeley notes that lane splitting is a complex issue with both potential safety benefits and risks .
Who is at Fault?
CVC § 21658.1 formally legalized motorcycle lane splitting in California, but it also gave the California Highway Patrol (CHP) the authority to develop educational guidelines on the practice. While lane splitting is legal, it must be done in a safe and prudent manner. If a motorcyclist is lane splitting at an unsafe speed, or if traffic is moving too quickly, they may be found to be at least partially at fault for an accident. However, the primary duty of care still rests with all drivers to be aware of their surroundings. A driver who makes a sudden lane change without signaling and collides with a lane-splitting motorcyclist would likely be found to be the primary at-fault party for violating CVC § 22107.
Determining fault in a lane-splitting accident can be complex and often involves an analysis of the actions of both the motorcyclist and the other driver. For more information on lane splitting and how it may affect your case, visit victimslawyer.com/practice-areas/motorcycle-accidents/motorcycle-lane-splitting-accidents-in-california/.
6. Hazardous Road Conditions
Potholes, uneven pavement, debris, oil slicks, and other road hazards pose a much greater threat to motorcyclists than to drivers of passenger cars. A pothole that might be a minor annoyance for a car can be a catastrophic obstacle for a motorcycle, causing the rider to lose control and crash. Because motorcycles have only two wheels, they are inherently less stable than four-wheeled vehicles, and any unexpected change in the road surface can have serious consequences. The attorneys at victimslawyer.com have extensive experience with cases involving hazardous road conditions.
Who is at Fault?
When a road hazard causes a motorcycle accident, determining fault can be complex. In many cases, a government entity, such as a city, county, or the state, may be held liable for failing to maintain the roadway in a safe condition. California Government Code § 835 allows a public entity to be held liable for injuries caused by a dangerous condition of its property if the entity had actual or constructive notice of the dangerous condition and had sufficient time to take measures to protect against it.
This means that if a government entity knew or should have known about a dangerous pothole or other road hazard and failed to repair it or warn motorists, it can be held responsible for the resulting injuries. However, there are strict time limits and procedural requirements for filing a claim against a government entity under the California Tort Claims Act. It is crucial to seek legal advice promptly if you believe a dangerous road condition caused your accident. For more information, please see victimslawyer.com/practice-areas/motorcycle-accidents/los-angeles-motorcycle-pothole-injury-attorneys/.
7. Sudden Stops and Rear-End Collisions
Rear-end collisions are a common type of traffic accident, but they can be particularly dangerous for motorcyclists. When a car or truck follows a motorcycle too closely (tailgating) and the motorcycle needs to slow down or stop suddenly, the following vehicle may not have enough time to react and can crash into the back of the motorcycle. The consequences of a rear-end collision for a motorcyclist are often severe, as the rider can be thrown from the bike and into the path of other traffic. Conversely, if a car in front of a motorcycle stops suddenly and without warning, the motorcyclist may not have enough time to brake and can collide with the rear of the car.
Who is at Fault?
In most rear-end collisions, the driver of the following vehicle is presumed to be at fault for following too closely, in violation of CVC § 21703, which states that a driver shall not follow another vehicle more closely than is reasonable and prudent. However, there are exceptions to this rule. If the lead vehicle (in this case, the motorcycle) stops suddenly and without good cause, or if their brake lights are not functioning, they may be found to be partially or wholly at fault.
In cases where a car stops suddenly in front of a motorcycle, the driver of the car may be found negligent if their stop was not necessary or if they failed to give a proper signal. CVC § 22109 requires that a driver shall not stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give the signal. For more information on rear-end collisions and determining fault, see victimslawyer.com/practice-areas/motorcycle-accidents/.
8. Car Door Accidents
A surprisingly common and dangerous type of motorcycle accident occurs when a person in a parked car opens their door directly into the path of an oncoming motorcyclist. This type of accident, often referred to as “dooring,” gives the motorcyclist almost no time to react and can cause them to be thrown from their bike into traffic. These accidents are most common in urban areas with on-street parallel parking.
Who is at Fault?
California law is very clear about the responsibility of a person opening a car door. CVC § 22517 states that no person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of that traffic. This places the legal duty squarely on the person opening the car door to ensure that the way is clear. In almost all dooring accidents, the person who opened the door is found to be at fault for the collision. For more information on this type of accident, see victimslawyer.com/practice-areas/motorcycle-accidents/.
9. Inexperienced Riders
While many motorcycle accidents are caused by the negligence of other drivers, a rider’s own inexperience can also be a significant contributing factor. Riding a motorcycle requires a unique set of skills, including balance, coordination, and a keen awareness of the surrounding environment. Inexperienced riders may lack the skills to handle unexpected situations, such as a sudden stop, a road hazard, or a car pulling out in front of them. The California OTS has identified rider training as a key component of motorcycle safety .
Who is at Fault?
While an inexperienced rider may be more likely to be involved in an accident, this does not automatically mean they are at fault. All drivers, including motorcyclists, are held to the standard of a reasonably prudent person. However, if an inexperienced rider violates a traffic law, such as by speeding or making an unsafe lane change, they will be found at fault. California requires a specific motorcycle license (CVC § 12804.9) to operate a motorcycle, and riders under 21 are required to complete a CHP-administered motorcycle rider training course. Failure to have the proper license can be used as evidence of negligence. For more information on rider requirements and safety, see victimslawyer.com/practice-areas/motorcycle-accidents/motorcycle-license-requirements-in-california/.
10. Distracted Driving
In the modern era of smartphones and in-car infotainment systems, distracted driving has become a pervasive and deadly problem on our roadways. For motorcyclists, the danger is magnified. A driver who is texting, talking on the phone, adjusting their GPS, or otherwise not paying full attention to the road is far less likely to see a motorcycle, especially one that is in their blind spot or approaching at a different speed. The NHTSA has made distracted driving a major focus of its traffic safety campaigns, recognizing it as a leading cause of preventable accidents and fatalities .
Who is at Fault?
California has enacted specific laws to combat distracted driving. CVC § 23123 prohibits drivers from using a handheld wireless telephone while operating a motor vehicle unless the phone is configured for hands-free listening and talking. CVC § 23123.5 further prohibits a person from driving a motor vehicle while holding and operating a handheld wireless telephone or a wireless electronic communication device unless the device is mounted on the windshield, dashboard, or center console of the vehicle and is operated in a way that does not require the driver to hold it. A driver who is using a handheld device at the time of an accident is in violation of these statutes and is presumed to be negligent.
Even if a driver is not using a handheld device, any activity that takes their attention away from the road can be considered negligence under the general principles of duty and care outlined in CACI No. 700. If a driver’s distraction causes them to collide with a motorcyclist, they will be held liable for the resulting damages. For more information on distracted driving accidents, please visit victimslawyer.com/practice-areas/car-accidents/.
Common Injuries Sustained in Motorcycle Accidents
Due to the exposed nature of riding a motorcycle, the injuries sustained in an accident are often severe and life-altering. Understanding the common types of injuries can underscore the importance of safe riding practices and wearing protective gear. Some of the most common injuries include:
•Road Rash: This occurs when a rider slides across the pavement, causing abrasions that can range from mild to severe. Deep abrasions can require skin grafts and can lead to permanent scarring and infections.
•Broken Bones and Fractures: The force of a collision can easily lead to broken bones, with the legs, arms, and ribs being particularly vulnerable. These injuries can require surgery, casts, and extensive physical therapy.
•Head and Brain Injuries: Even with a helmet, riders can suffer from traumatic brain injuries (TBIs), concussions, and other head injuries. TBIs can have long-term cognitive and physical effects, and are a leading cause of death and disability in motorcycle accidents. More information on this topic can be found at victimslawyer.com/practice-areas/personal-injury/serious-injuries/brain-injury/.
•Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, forever changing a person’s life. These injuries often require a lifetime of medical care and assistance. Further reading on this can be found at victimslawyer.com/practice-areas/personal-injury/serious-injuries/spine-injury/.
•Internal Injuries: The blunt force trauma of an accident can cause serious internal injuries, such as damage to organs, internal bleeding, and other life-threatening conditions.
For a more comprehensive look at common injuries, you can visit victimslawyer.com/practice-areas/motorcycle-accidents/most-common-motorcycle-crash-injuries/.
California’s Comparative Fault System and Motorcycle Accident Claims
California follows a system of pure comparative negligence, codified in California Civil Code § 1714 and articulated by the California Supreme Court in the landmark case Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). Under this doctrine, a plaintiff’s recovery is reduced by the percentage of fault attributable to them. This means that even if a motorcyclist is found to be partially at fault for an accident — for example, by lane splitting at an unsafe speed — they can still recover damages from the other at-fault parties, but their recovery will be reduced proportionally.
This is a critical distinction from other legal systems that bar recovery entirely if the plaintiff is found to be more than 50% at fault. In California, a motorcyclist who is found to be 30% at fault for an accident can still recover 70% of their total damages from the other party. This system encourages a thorough investigation of all contributing factors in a motorcycle accident and ensures that victims are not left without recourse simply because they may have made a mistake.
The statute of limitations for personal injury claims in California is two years from the date of the accident, as set forth in California Code of Civil Procedure § 335.1. However, as noted above, claims against government entities for dangerous road conditions require the filing of a government tort claim within six months of the incident under the California Tort Claims Act.
Summary of Legal Framework for Each Accident Cause
The following table provides a concise overview of the primary California Vehicle Code sections, CACI instructions, and other statutes relevant to each of the top 10 causes of motorcycle accidents discussed in this article.
|
Accident Cause
|
Primary CVC Section(s)
|
Relevant CACI Instruction(s)
|
Other Statutes/Principles
|
|
Unsafe Lane Changes
|
CVC § 22107
|
CACI No. 700, 705
|
Negligence per se
|
|
Speeding / Reckless Driving
|
CVC § 22350, § 23103
|
CACI No. 706
|
Negligence per se
|
|
DUI (Alcohol/Drugs)
|
CVC §§ 23152, 23153
|
CACI No. 709
|
Negligence as a matter of law
|
|
Left-Turn Accidents
|
CVC § 21801(a)
|
CACI No. 704
|
Right-of-way violation
|
|
Lane Splitting
|
CVC § 21658.1, § 22107
|
CACI No. 700
|
Comparative fault analysis
|
|
Hazardous Road Conditions
|
Gov. Code § 835
|
CACI No. 1100 (Premises Liability)
|
California Tort Claims Act
|
|
Sudden Stops / Rear-End
|
CVC § 21703, § 22109
|
CACI No. 700
|
Following too closely
|
|
Car Door Accidents
|
CVC § 22517
|
CACI No. 700
|
Negligence per se
|
|
Inexperienced Riders
|
CVC § 12804.9
|
CACI No. 700
|
Reasonably prudent person standard
|
|
Distracted Driving
|
CVC § 23123, § 23123.5
|
CACI No. 700
|
Negligence per se
|
Conclusion: A Shared Responsibility for Safer Roads
The top 10 causes of motorcycle accidents in California paint a clear picture: a combination of inattention, negligence, and a lack of awareness on the part of all road users contributes to these tragic incidents. From unsafe lane changes and distracted driving to the unique challenges of lane splitting and hazardous road conditions, the dangers faced by motorcyclists are numerous and varied. While the legal framework in California provides a path to justice for those who have been injured, the ultimate goal is to prevent these accidents from happening in the first place.
For motorcyclists, this means riding defensively, assuming that other drivers may not see them, and continuously honing their skills through training and experience. It also means wearing the proper protective gear, including a DOT-compliant helmet, to minimize the risk of serious injury. For drivers of passenger vehicles, it is a call to be more vigilant, to double-check blind spots, to put away distractions, and to share the road with a heightened sense of awareness for their more vulnerable counterparts.
Ultimately, motorcycle safety is a shared responsibility. By understanding the common causes of accidents and the laws that govern our conduct on the road, we can all contribute to a safer environment for everyone. If you or someone you know has been involved in a motorcycle accident, it is essential to understand your legal rights and options. The information provided here is a starting point, and the resources available at victimslawyer.com can provide further guidance and support during a difficult time.