What Happens If a Driver Blames the Motorcyclist After an Accident in California?
After a motorcycle accident, the other driver may insist that the motorcyclist was responsible. The driver might claim the rider was speeding, riding in a blind spot, lane splitting, changing lanes improperly, or simply "came out of nowhere."
Being blamed for a motorcycle accident does not automatically mean you caused the crash or that you cannot pursue compensation.
California motorcyclists generally have the same rights and responsibilities as other drivers, and fault should be determined based on the circumstances and evidence surrounding the collision.
At Rodriguez Law Group, Inc., we represent injured motorcyclists in Pasadena and throughout Southern California. When fault is disputed, investigating the accident and preserving evidence can become especially important.
Why Do Drivers Blame Motorcyclists After an Accident?
Motorcycles are smaller and can be more difficult for motorists to see. California's DMV specifically warns drivers to check for motorcycles before changing lanes or entering a roadway because motorcycles can disappear into vehicle blind spots.
After a collision, however, a driver may argue that the motorcyclist was responsible for causing the accident.
Common allegations may include:
The motorcyclist was speeding.
The rider changed lanes unexpectedly.
The motorcycle was in the driver's blind spot.
The rider was following too closely.
The motorcyclist was lane splitting.
The rider failed to yield.
The motorcyclist was riding recklessly.
The driver could not see the motorcycle.
These allegations should not simply be accepted as fact. Evidence from the accident may tell a very different story.
Does Being Blamed Mean You Cannot Recover Compensation?
Not necessarily.
California applies comparative fault principles in negligence cases. This generally means an injured person's recovery may be reduced in proportion to the amount of negligence attributed to that person.
For example, imagine that a motorcyclist suffers $100,000 in damages and is ultimately found 20% responsible for the collision. Under comparative fault principles, the amount recoverable could potentially be reduced by that percentage.
The actual allocation of fault depends on the facts of the individual case.
This is one reason an accusation from another driver or insurance company should not necessarily be viewed as the final determination of liability.
What Evidence Can Help Determine Who Was at Fault?
When a driver and motorcyclist give conflicting accounts of an accident, objective evidence can become particularly valuable.
Depending on the circumstances, a Pasadena motorcycle accident lawyer may investigate evidence such as:
Police reports
Photographs of the accident scene
Vehicle and motorcycle damage
Surveillance camera footage
Dashcam footage
Traffic camera footage when available
Witness statements
Skid marks and debris
Road conditions
Vehicle positions
Cell phone records when distracted driving is suspected
Medical records
Electronic or vehicle data when available
In serious or heavily disputed cases, accident reconstruction professionals or other qualified experts may also be used to analyze how the collision occurred.
What If the Driver Says They Never Saw the Motorcycle?
A driver's statement that they did not see a motorcycle does not, by itself, establish that the motorcyclist was responsible.
Drivers are expected to safely share the road with motorcycles. California DMV guidance specifically tells drivers to check mirrors for motorcycles before changing lanes or entering a road, allow a safe following distance, and check for motorcyclists before opening a vehicle door next to traffic. (DMV California)
A driver who failed to see a motorcycle may have been distracted, failed to check a blind spot, made an unsafe lane change, or failed to yield.
The circumstances surrounding the accident must be investigated before responsibility can be determined.
What If the Motorcyclist Was Lane Splitting?
Lane splitting is an especially important issue in California motorcycle accident claims.
California law defines lane splitting as operating a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. California Highway Patrol guidance recognizes lane splitting as legal when performed safely and prudently. (California Highway Patrol)
Therefore, the fact that a motorcyclist was lane splitting does not automatically mean the rider was at fault for an accident.
However, the circumstances still matter.
Factors such as traffic conditions, vehicle speeds, the motorcyclist's speed, lane width, visibility, surrounding vehicles, and the actions of both the motorcyclist and driver may become relevant when determining responsibility.
The CHP also advises riders to consider the overall environment while lane splitting, noting that risk increases as speeds and speed differentials increase. (California Highway Patrol)
What If the Driver Made a Left Turn in Front of the Motorcycle?
Left-turn collisions can be particularly dangerous for motorcyclists.
A driver may begin turning left across traffic without recognizing an approaching motorcycle or may incorrectly judge the motorcycle's speed or distance.
The CHP specifically cautions riders to watch for motorists turning left in front of them, and California DMV guidance emphasizes that drivers should actively look for motorcycles. (California Highway Patrol)
When a left-turn collision occurs, investigators may consider the traffic signal, right-of-way rules, vehicle speeds, sight lines, witness statements, video footage, and other available evidence.
What If the Insurance Company Says the Motorcyclist Was at Fault?
The other driver's insurance company may conduct its own investigation and assign some or all of the responsibility to the motorcyclist.
You do not necessarily have to accept the insurer's assessment.
Evidence can be used to challenge allegations about how the collision occurred. This is particularly important when the driver's version of events conflicts with physical evidence, witness statements, photographs, or video footage.
An attorney can review the insurer's position and evaluate what additional evidence may be available to support the motorcyclist's account of the accident.
Be Careful About Recorded Statements
After a motorcycle accident, an insurance adjuster may ask you to provide a recorded statement about what happened.
Questions may focus on your speed, where you were positioned within the lane, whether you were lane splitting, what you saw immediately before the collision, and whether you could have avoided the accident.
If responsibility is already being disputed, consider speaking with an attorney before providing a detailed recorded statement to another driver's insurer.
You should also avoid guessing about facts you do not remember.
What Should You Do If You're Being Blamed for a Motorcycle Accident?
If another driver or insurance company is blaming you, preserving evidence should be a priority.
Keep photographs, videos, medical records, repair estimates, insurance correspondence, witness information, and any other documentation related to the accident.
You should also preserve your motorcycle, helmet, and damaged riding equipment when appropriate, particularly after a serious collision where liability is disputed.
Surveillance footage can sometimes disappear quickly, so identifying nearby businesses, residences, traffic cameras, or other potential sources of video evidence may also be important.
How Can a Pasadena Motorcycle Accident Lawyer Help When Fault Is Disputed?
When another driver blames the motorcyclist, an experienced Pasadena motorcycle accident lawyer can investigate the evidence rather than relying solely on the driver's version of events.
At Rodriguez Law Group, Inc., this may include reviewing police reports, photographs, witness statements, available video footage, medical documentation, vehicle damage, and other evidence surrounding the collision.
An attorney can also communicate with insurance companies, evaluate allegations of comparative fault, identify potentially responsible parties, and document the financial and personal impact of the rider's injuries.
The goal is to evaluate responsibility based on the facts and evidence surrounding the accident.
How Long Do You Have to Bring a Motorcycle Accident Claim in California?
Deadlines apply to personal injury cases.
California Courts states that the general deadline for a personal injury lawsuit is two years from the injury, although different and potentially much shorter deadlines can apply in certain situations, including claims involving government entities.
Because deadlines can vary depending on the facts and parties involved, an injured rider should not assume that the general two-year period applies to every case.
Speak With a Pasadena Motorcycle Accident Lawyer
If you were injured in a motorcycle accident and the other driver or insurance company is blaming you, Rodriguez Law Group, Inc. can help you understand your legal options.
Our firm represents clients throughout Southern California, including Pasadena, San Gabriel, West Los Angeles, Westlake, Ventura, Santa Barbara, Bel Air, Beverly Hills, Corona del Mar, Laguna Beach, Malibu, Manhattan Beach, Newport Beach, Newport Coast, Pacific Palisades, Santa Monica, and surrounding communities.
Contact Rodriguez Law Group, Inc. to discuss the circumstances of your motorcycle accident and learn more about your options for pursuing a potential claim: https://www.attorneyprod.com/contact-us
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws and legal deadlines can change, and every case is different. Consult a qualified California attorney regarding your individual circumstances.
