What happens if I was partially at fault for a motorcycle accident?

KEY TAKEAWAYS:

California applies a pure comparative negligence rule, so being partially at fault for a motorcycle accident does not end your claim — it reduces your recovery by your share of the blame. Insurance companies know this and routinely argue for a higher motorcycle rider fault percentage than the evidence supports, sometimes over disputed issues such as lane splitting, speed, or helmet use. A San Diego motorcycle accident lawyer can use evidence to fight an unfair fault percentage and challenge the insurance adjuster’s attempt to reduce your compensation.

Riders who think they contributed to a crash often assume they do not have a claim against the driver primarily responsible for causing it. However, this is usually not true.

If you were partially at fault for a motorcycle accident in San Diego County, California, the law still lets you pursue compensation from the other driver — your own share of responsibility just reduces your recovery. Because every percentage point can affect your compensation, disputing an unfair assignment of fault can make a meaningful difference in your claim. Our San Diego motorcycle accident lawyer can gather evidence, challenge the insurance company’s allegations, and advocate for a fair assessment of each party’s responsibility.

How California's Pure Comparative Negligence Rule Works

California follows a pure comparative negligence rule. Under California Civil Code § 1714, an injured rider can recover damages no matter how large their share of the fault turns out to be, with the award reduced by that percentage. Even if a motorcyclist is found mostly responsible, they still have a claim against the other driver.

The arithmetic is simple. If your losses total $300,000 and you are found 25% responsible, you recover $225,000. At 60% responsible, you would still recover $120,000. 

Three points follow from the rule:

• Your percentage reduces damages; it does not eliminate the claim.
• The reduction applies to every category — medical bills, lost wages, and pain and suffering.
• Fault can be spread among several parties, including a parts manufacturer or the public entity that maintains the road.

The same framework governs how shared blame affects a California car accident claim. What frequently changes in motorcycle cases is how hard the insurance company hunts for fault to assign to the motorcycle accident victim.

What Rider Behaviors Do Insurance Companies Use to Assign Blame?

Insurance adjusters may scrutinize a motorcyclist’s actions for evidence they can use to argue that the rider shares responsibility for a crash. Under California’s comparative fault system, the percentage of responsibility assigned to a rider can affect the value of their claim. Arguments may focus on conduct such as:

• Speed. The insurer may argue the rider was traveling too fast for traffic, weather, visibility, or road conditions.
• Lane position. Riding in a vehicle’s blind spot, making an unsafe lane change, or failing to signal may become part of a dispute over fault.
• Lane splitting. An insurer may argue that the way a rider split lanes contributed to the collision. 
• Helmet use. California requires motorcycle riders and passengers to wear qualifying safety helmets. When a rider was not wearing one, the defense may raise that fact when disputing damages for injuries it claims proper helmet use could have prevented or reduced.
• Motorcycle condition. Insurers may also examine whether the motorcycle’s condition or modifications played any role in the collision.

Lane Splitting Is Legal, but Insurers May Still Use It to Argue Fault

Lane splitting is legal in California, but that does not stop an insurance company from arguing that the way a rider split lanes contributed to a crash. An adjuster may point to the rider’s speed, the speed difference between the motorcycle and surrounding traffic, visibility, traffic conditions, or the distance between vehicles to claim the maneuver was unsafe.

The insurer may also argue that another driver had little time to see or react to the motorcycle before changing lanes. In some cases, an adjuster may try to treat lane splitting itself as evidence of careless riding, even though the practice is permitted under California law.

That distinction matters. The real question is not simply whether the rider was lane splitting, but whether the rider’s specific conduct contributed to causing the collision. Our San Diego motorcycle accident attorney can examine witness statements, video footage, vehicle damage, crash-scene evidence, and other facts to challenge an insurance company’s attempt to assign an unfair share of fault.

A Helmet Violation Does Not Automatically Establish Who Caused the Crash

California law requires motorcycle riders and passengers to wear qualifying safety helmets. Failing to comply with that requirement can become an issue in an injury claim, but causing the collision and contributing to the severity of an injury are different questions.

For example, when an insurer argues that the lack of a helmet increased the likelihood of particular injuries, the evidence linking helmet use to those injuries matters. At the Law Firm of Mark C. Blane, APC, our motorcycle accident lawyer can examine medical records, crash evidence, and the insurer’s arguments to challenge attempts to assign responsibility to a rider that the evidence does not support.

What Evidence Can Help Establish Liability?

When fault is disputed after a San Diego motorcycle accident, evidence can help show how the collision occurred and challenge an insurer’s attempt to place too much responsibility on the rider. Important evidence may include:

• Police accident reports
• Traffic or surveillance camera footage
• Dashcam or helmet camera video
• Eyewitness statements
• Photos and videos from the crash scene
• Vehicle and motorcycle damage
• Skid marks and debris patterns
• Cellphone records
• Accident reconstruction expert witness

Our motorcycle accident lawyer can gather and preserve available evidence, determine how it supports the liability claim, and use it to challenge allegations that unfairly shift blame to you.

Why the Law Offices of Mark C. Blane, APC, Makes a Difference When Fault in a Motorcycle Accident Is Disputed

When an insurance company tries to place too much blame on you, the percentage it assigns can directly affect the compensation available for your injuries and losses. San Diego motorcycle accident attorney Mark Blane understands the arguments insurers use against riders and how to counter them with evidence. He can investigate the crash, identify weaknesses in the insurer’s version of events, and advocate for a fair assessment of fault under California law. 

Being partially responsible for a motorcycle collision does not mean giving up your right to pursue a claim. Contact us to learn about your options and how our lawyer will fight for your rights.