Motorcycle Accident FAQ

What are common causes of motorcycle accidents in Orange County?

The most frequent causes include distracted drivers failing to see motorcyclists, left-turn collisions at intersections, lane-change accidents, rear-end crashes, unsafe lane splitting situations, road hazards such as potholes and debris, and speeding. Many motorcycle accidents are caused by other drivers who fail to check their blind spots or share the road safely.

Is lane splitting legal in California?

Yes, California is the only state where lane splitting is explicitly legal. Under California Vehicle Code Section 21658.1, motorcyclists may ride between lanes of slow-moving or stopped traffic. However, it must be done safely and prudently. If an accident occurs while lane splitting, fault is determined based on the specific circumstances, including speed and traffic conditions.

What types of injuries are common in motorcycle crashes?

Motorcycle riders face a higher risk of severe injuries due to limited protection. Common injuries include traumatic brain injuries (even with helmets), spinal cord damage, road rash and skin abrasions, broken bones and fractures, internal organ damage, and soft tissue injuries. These injuries often require extensive medical treatment and long recovery periods.

Will I receive less compensation if I was not wearing a helmet?

California law requires all motorcycle riders and passengers to wear DOT-approved helmets. If you were not wearing a helmet, the defense may argue comparative negligence to reduce your compensation, but only for head injuries that a helmet could have prevented. You can still recover damages for other injuries regardless of helmet use.

How is fault determined in a motorcycle accident?

Fault is established through evidence including police reports, witness statements, traffic camera footage, accident reconstruction, vehicle damage patterns, and medical records. California’s comparative negligence law means each party is assigned a percentage of fault. An experienced motorcycle accident attorney understands the biases riders often face and works to ensure fair fault determination.

What should I do if the insurance company blames me for the accident?

Do not accept blame or provide recorded statements without legal counsel. Insurance companies frequently try to shift fault onto motorcyclists due to common biases. An attorney can investigate the accident independently, gather evidence supporting your case, and counter unfair fault allegations to protect your right to full compensation.

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