Motorcycle Accident Claims
Bakersfield · Kern County, California
In a motorcycle case the rider starts behind. The assumption that the person on the bike must have done something reckless shows up in the adjuster’s file long before anyone examines the evidence.
The bias arrives before the facts do
Riders are assumed to have been speeding, weaving, or showing off — by drivers, by adjusters, and sometimes by jurors. Overcoming that assumption is the central task in almost every motorcycle case, and it is done with physical evidence: sight lines, skid and gouge marks, damage patterns, and where each vehicle actually came to rest.
Lane splitting is legal in California
California expressly permits motorcycles to travel between rows of vehicles, and the fact that a rider was lane splitting does not by itself establish fault. Carriers still argue otherwise. That argument has to be met with the statute and the scene, not conceded.
The injuries are more severe, and so is the fight
A rider absorbs forces a car occupant never feels. Orthopedic injuries, road rash requiring grafts, head injuries, and permanent hardware are common. Larger injuries mean larger exposure, and larger exposure means the carrier defends harder.
Helmet use is not the whole story
California requires helmets, but the question in any given case is what the helmet actually affected. An insurer raising helmet use to discount a leg or pelvic injury is making an argument the evidence usually does not support.
California generally allows two years from the date of the crash to file suit for injuries. Where a public entity or a road-condition claim is involved, a written claim may be due within six months. Both deadlines are firm.