What to Do After a Motorcycle Accident in Los Angeles County

The actions you take in the moments after a crash can protect your health and your legal rights. Here’s what to do:

Combatting the Unfair Bias Against Motorcyclists

If you've been riding for any length of time, you've undoubtedly encountered drivers who don't check their blind spots, cars that pull out in front of motorcycles, and the dismissive attitude that riders are all reckless thrill-seekers.

This unfair stereotype doesn't just exist on the road. It's the first line of defense the insurance companies will likely use to deny your claim. Our job is to dismantle that false narrative with undeniable facts.

Proving Negligence After a Motorcycle Accident

The most common excuse drivers give after hitting a motorcyclist is "I didn't see him." However, this isn’t a legal defense — it’s an admission of negligence. This phenomenon, known as "inattentional blindness", happens when a driver is only looking for other cars and fails to register a smaller vehicle like a motorcycle.

We won't let a driver make their failure to pay attention your fault. We can proactively counter this defense by proving that you were visible and that the driver simply failed in their duty to watch the road around them.

Our investigation may include:

Accident Reconstruction

We’ll work with forensic experts to recreate the crash scene. These professionals can calculate sightlines, vehicle speeds, and the exact window of time the driver had to see you, demonstrating that they had a clear and unobstructed view.

Witness Testimony

We’ll work quickly to locate and interview witnesses to confirm your position on the road, your speed, and the measures you’d taken to make yourself visible.

Cell Phone Records

We can subpoena the at-fault driver's cell phone records to determine whether they were texting, talking, or otherwise distracted in the moments leading up to the collision.

Holding Drivers to the Standard of Care They Owe Other Motorists

Every driver in California is expected to know and follow the rules of the road. These rules include specific instructions on how to safely interact with motorcyclists.

When a driver claims they didn't see a motorcycle, we often point to the very materials they studied to get their license. The official California Driver's Handbook explicitly warns drivers to maintain a three-second following distance and check their blind spots for motorcyclists before changing lanes or turning.

By citing the state’s official rulebook, we can frame the driver’s failure to see you not as a simple mistake but as a direct violation of the safety procedures they’re legally required to follow. This is a powerful strategy that shifts the blame from you back to where it belongs.

California Motorcycle Laws and Common Causes of Accidents

Understanding the specific situations that lead to most motorcycle crashes is key to establishing liability. Many collisions happen because drivers are either ignorant of or choose to ignore the laws that protect motorcyclists' right to use the road. As your legal advocates, we’ll rely on our deep knowledge of these scenarios and the California Vehicle Code to build your case.

Defending Your Right to Legally Split Lanes

California is unique in that it permits lane splitting (also called lane filtering), which refers to riding a motorcycle between lanes of stopped or slow-moving traffic. While legal, this practice is often misunderstood by other motorists and incorrectly cited by insurance companies as the cause of many accidents.

Insurance adjusters almost always try to argue that because a rider was splitting lanes, they’re automatically at fault. This is incorrect. The law, as defined in California Vehicle Code § 21658.1, simply indicates that the rider should do so in a safe and prudent manner.

We’ll focus on showing that your actions were reasonable and that the other driver's negligence — such as suddenly changing lanes without looking or opening a car door into traffic — was the true cause of the collision. We may be able to use evidence to show that:

• You were traveling at a safe speed relative to other traffic
• The other driver made an unsafe or illegal maneuver
• You had no time to react to the driver's sudden action

We won’t let the insurance companies misrepresent the law to deny your valid claim.

Proving That a Driver Failed to Yield

By far, the most common and dangerous scenario for motorcyclists is a car making a left turn directly into their path at an intersection. This usually occurs because the driver either misjudges the motorcycle's speed and distance or fails to see it altogether.

In this case, the burden of proof is on us to show that the driver violated your right-of-way. We can build a powerful case by taking the following steps:

• Analyzing the scene: We’ll examine the intersection's layout, traffic signage and signals, and sightlines to establish that you were clearly visible.
• Calculating speed and distance: We’ll work with accident reconstruction specialists to prove that you were operating your bike at a safe and legal speed.
• Refuting the "invisibility" defense: We’ll counter this excuse by demonstrating that the driver should have seen you and failed in their duty to look for all oncoming traffic.

Our skilled attorneys can also address other common right-of-way violations that frequently cause motorcycle wrecks, such as cars pulling out from side streets or running stop signs.

Seeking Compensation That Covers the True Cost of Your Injuries

A motorcycle crash rarely results in "minor" injuries. With virtually no protection between the rider and the road or other vehicles, the physical consequences are often severe, permanent, and expensive.

An insurance company's initial settlement offer will rarely account for the true, lifelong cost of these injuries. Our team will work hard to secure the financial resources you need to cover a lifetime of care and deal with the profound impacts on your quality of life.

Documenting Catastrophic Harm

Unlike occupants of a car who are protected by a steel frame, motorcyclists are completely exposed. This leads to a specific and often devastating pattern of injuries that requires specialized medical knowledge to properly evaluate as part of a legal claim.

Our lawyers will work with medical experts to create a clear and compelling picture of your injuries and necessary future treatment. We have ample experience with claims involving:

Claiming Property Damage

For many riders, a motorcycle is more than just a means of transportation; it's a significant financial and personal investment. We understand this, and we’ll work diligently to see that you’re compensated for all of your property losses, not just the "book value" of your bike.

Insurance adjusters will likely try to offer you the lowest possible payout for your totaled motorcycle. Our attorneys can build a comprehensive property damage claim that includes:

Custom Parts and Modifications

We’ll meticulously document every aftermarket part, from custom exhausts and handlebars to engine upgrades, providing receipts and expert valuations to ensure that you get the true, customization-adjusted value of your bike.

Damaged Riding Gear

Your helmet, leathers, boots, and gloves are essential safety equipment that may need to be replaced after a crash. According to authorities like the Motorcycle Safety Foundation, a helmet should be replaced even if damage isn't visible. We’ll demand the full replacement value of all damaged gear, which can often total thousands of dollars.

Loss of Use

You may be without transportation while your bike is being repaired or replaced. We can pursue damages for the cost of a rental vehicle during that time.

When you entrust your claim to HHT Law, we’ll pursue the full range of economic and non-economic damages you’re entitled to, including all medical bills, lost income, and the significant pain and suffering associated with your recovery.