Frequently Asked Questions About California Motorcycle Accidents

Your Questions — Answered by California’s Motorcycle Law Firm

We know that if you or someone you love has been hurt in a motorcycle crash, you’ve got questions — and probably more than a few worries. Our team at McCarthy Motorcycle Law is built by riders, for riders, so we understand both the legal side of your case and the realities of life on two wheels.

Below are some of the most common questions we hear from injured riders and their families across California.

1. What should I do right after a motorcycle accident in California?

Your first priority is safety and medical care. Call 911 if anyone is injured. If you can, move to a safe place out of traffic, but don’t leave the scene until law enforcement arrives. Get medical attention even if you think you’re “fine” — many serious injuries (like concussions or internal bleeding) don’t show symptoms right away.

If possible, gather:

  • Photos of the scene, vehicles, and your injuries

  • Contact info for witnesses

  • The other driver’s insurance and license details

Finally, contact a California motorcycle accident attorney as soon as possible to protect your rights. The sooner we’re involved, the better we can preserve evidence and handle the insurance companies.

2. Do I really need a lawyer after a motorcycle accident?

If your crash caused injuries, property damage, or the loss of a loved one — yes. Motorcycle accident claims are not like car accident claims. Riders face bias from insurance adjusters and sometimes even juries, who may wrongly assume you were speeding or reckless.

A lawyer who knows motorcycles can:

  • Prove the other driver was at fault

  • Fight back against lowball offers

  • Calculate the full value of your losses (medical bills, lost wages, pain and suffering, and future care)

  • Take your case to trial if needed

We’ve helped riders recover millions by knowing how to fight — and win — these cases.

3. How long do I have to file a motorcycle accident lawsuit in California?

In most cases, California’s statute of limitations is two years from the date of the crash (or the date of death in wrongful death cases). However:

  • Claims against government entities (like a city or Caltrans) can have deadlines as short as 6 months.

  • Evidence disappears fast — waiting can hurt your case even if you’re still within the time limit.

It’s best to talk to a lawyer immediately so important deadlines don’t sneak up on you.

4. What if the driver who hit me doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may still recover through your own uninsured/underinsured motorist coverage (UM/UIM). Many riders don’t realize they have this — or that their insurance company may still fight their own claim.

We handle UM/UIM cases all the time, and we make sure your insurance company treats you fairly.

5. How much is my motorcycle accident case worth?

It depends on your injuries, medical bills, lost income, and how the crash has affected your life. Factors include:

  • Severity of injuries (e.g., broken bones vs. spinal cord injury)

  • Whether you can return to work

  • The cost of future medical care or rehab

  • Pain, suffering, and emotional distress

  • Permanent disability or disfigurement

We fight to get full and fair compensation, not just what the insurance company wants to pay.

6. The police report says I was at fault — can I still recover?

Yes, depending on the facts. California uses comparative fault, which means you can still recover damages even if you were partially at fault — your compensation is just reduced by your percentage of fault.

We’ve successfully challenged inaccurate police reports and proven that the other driver caused the crash, even when the initial paperwork didn’t look good for the rider.

7. What types of motorcycle accidents does your firm handle?

We represent riders in every type of crash, including:

We also handle wrongful death claims for families who have lost loved ones in motorcycle accidents.

8. What if I wasn’t wearing a helmet? Can I still make a claim?

Yes. California law requires riders to wear helmets, but not wearing one doesn’t automatically bar you from recovering damages. It may affect your case if the insurance company can prove your injuries would have been less severe with a helmet — but we know how to fight these arguments.

9. How do you prove negligence in a motorcycle accident case?

We gather and present evidence to show the other driver failed to use reasonable care. That includes:

  • Accident scene photos and videos

  • Witness statements

  • Expert accident reconstruction

  • Surveillance or dash cam footage

  • Medical records linking your injuries to the crash

We also know how to counter “biker bias” so juries focus on the facts, not stereotypes.

10. How much does it cost to hire McCarthy Motorcycle Law?

We work on a contingency fee basis — meaning you pay nothing upfront. We only get paid if we win your case. Case evaluations are free, confidential, and go straight to my inbox. If we can’t help, we’ll point you in the right direction.

11. How long will my motorcycle accident case take?

It depends on the complexity of your case, the severity of your injuries, and whether the insurance company plays fair. Some cases settle in a few months; others take a year or more, especially if they go to trial.

We keep you updated every step of the way — no disappearing lawyers, no being pawned off on paralegals.

12. Will you take my case if I’m from outside California?

Yes. We represent out-of-state riders injured in California and California riders injured elsewhere, often working with trusted co-counsel in other states.

Have More Questions? We’re Here for Riders

If your question isn’t answered here, or if you just want to know how the law applies to your situation, reach out. The sooner we talk, the better we can protect your rights and start building your case.