Motorcycle Accidents: What You Need To Know

California has a rich history as a place for motorcycling. Our state has the highest number of motorcyclists of any state, with nearly 1 million registered bikes. However, this popularity comes with a stark reality: California consistently ranks among the states with the highest number of motorcycle-related deaths, with approximately 10% of all U.S. motorcyclist fatalities. Motorcycle accidents can be extremely devastating. Drivers and passengers are essentially exposed, except for their heads if they are properly wearing helmets. Recently, motorcycle accidents are on the rise in California. 

In recent years, California has witnessed an alarming increase in motorcycle accidents. Compared to car accidents, motorcycle accidents lead to higher risks and more severe injuries and fatalities. According to statistics of the Insurance Institute for Highway Safety,  in California there were 586 deaths on motorcycles, either driver or passenger, in 2023. Not surprisingly, Los Angeles, San Francisco and San Diego have the highest number of fatalities and injuries related to motorcycle accidents. 

Here are some other sobering national motorcycle statistics for the year 2021:

• The National Highway Traffic Safety Administration reported that 5,932 motorcycle riders were killed nationwide in 2021. This was an increase of 8% from 2020.
• Motorcyclists accounted for 14% of all traffic fatalities in 2021. The vast majority of motorcycle fatalities were operators, approximately 95%, and the remaining 5% were passengers.
• Nearly 40% of motorcycle riders involved in fatal crashes did not have valid motorcycle licenses.
• Motorcyclists were more likely to be alcohol-impaired than operators of other types of vehicles

Tips to Keep Yourself Safe

To stay safe while riding a motorcycle in California, here are some important safety tips to follow:  

• Dress Appropriately – California law requires riders to wear a helmet that meets the U.S. Department of Transportation’s Federal Motor Vehicle Safety Standard. In addition, wearing protective gear such as gloves, boots, jackets and eye protection like goggles or glasses will reduce  your risk of serious personal injury if you take a fall or are hit by another vehicle. 
• Be a Defensive Driver – It’s important to be aware of your surroundings and other vehicles and drivers. It’s best to assume that other drivers can’t see you and drive defensively. Keep a safe distance from other vehicles, pay attention to their blind spots, and expect the unexpected from other drivers. Being a defensive driver also includes watching the road ahead and the sides of your lane, and being aware of animals and pedestrians. Always use your signals and follow the rules of the road. Don’t drive while you’re impaired with drugs and alcohol, and don’t be distracted by your phone, other devices, loud music, or talking to your passenger or other motorcycles you are traveling with.
• Lane-Split Safely – While lane-splitting is legal in California, there are rules to follow. For example, you can’t lane-split in carpool lanes unless designated, and you shouldn’t lane-split when traffic is over 40 mph. 

Filing a Claim for a Motorcycle Injury

If you are injured in a motorcycle accident, can you receive compensation for your injuries? In California, you may be able to bring a personal injury claim if:

• Someone breached a duty of care to you;
• The breach of the duty of care was the cause of your injury or injuries;
• Your injury or injuries are compensable.

The question of whether someone breached a duty of care to you depends upon the facts and circumstances of the case. In general, if the person who injured you was violating driving rules, you can establish a breach of the duty of care. This would include distracted driving, driving while under the influence, speeding, failing to maintain the proper distance, failing to use turn signals, and violation of similar types of motor vehicle rules and regulations. 

Proving that a breach of duty was the cause of injuries is a matter of cause and effect. For example, did the driver fail to maintain the proper distance at a stop light, and slam into the back of your motorcycle causing your lacerations, whiplash or other injuries?

Proving that your injuries are entitled to compensation is a matter of showing that you suffered from either economic harm, non-economic harm, or both. Economic harm includes medical expenses, lost wages, and other out-of-pocket expenses related to the accident. Non-economic harm includes pain and suffering and emotional distress that was caused by the accident. In some cases, you may be entitled to punitive damages in special cases such as where the person who caused your harm engaged in intentional, willful or wanton behavior.

Statute of Limitations for a Motorcycle Accident in California

The state has a statute of limitations of two years for motorcycle accidents. This means that you must bring a lawsuit within two years of the date of your accident, or your legal claim will be forever barred. Note that if your injury is from a public entity, such as a public bus, the period of time is shorter, in most cases six months to a year.

In addition, if the motorcycle driver or passenger who is injured is under 18 years of age, the statute of limitations does not start until they turn 18 years old.

Finally, if you are filing a wrongful death suit for a loved one who has died, you have two years from the date of death. The statute of limitations can be complicated, so it’s important to consult with a Santa Ana motorcycle accident attorney as soon as possible so you don’t miss a filing deadline. 

Contact The Law Offices of Benjamin Arsenian

At the Law Offices of Benjamin Arsenian, PC, we specialize in accidents and personal injuries. We understand the statutes and case law in California related to these legal specializations. We focus on the rights of our clients and particularly strive to be empathetic in all of our dealings with our clients and their families. If you have been injured in a motorcycle accident and believe you have a claim, contact us as soon as possible for a free consultation.