Can I still get compensation for my motorcycle accident if I was partially at fault?
Yes. You can still recover compensation after a California motorcycle accident even if you were partly responsible.
California uses a pure comparative negligence system. That means your share of fault reduces your compensation, but it does not automatically wipe out your claim.
Say a driver turns left in front of you near Sierra Avenue in Fontana, but you were traveling a little over the speed limit. If your damages total $100,000 and you are found 20% at fault, your recovery could be reduced to $80,000.
Motorcycle cases often become arguments over blame. Insurance companies may point to speed, lane position, lane splitting, helmet use, or other details in an effort to lower what they owe. Their version of the accident is not final. A Fontana motorcycle accident attorney can review the evidence and determine whether the insurer is assigning you more fault than the facts support.
How California’s Comparative Negligence Rule Works
California law allows fault to be divided among everyone who contributed to an accident. One person may be mostly responsible while another carries a smaller share.
In practical terms, this means:
- You do not have to prove the other driver was entirely at fault.
- You may still recover damages even if you made a mistake.
- Your award is reduced by your percentage of responsibility.
- Fault can be divided among multiple drivers, businesses, manufacturers, or public entities.
California does not follow the 50% or 51% bar used in some states. Even someone found mostly at fault may still recover a portion of their damages.
For example, a rider found 70% responsible for a crash could still pursue the remaining 30% of proven damages.
The general negligence standard appears in California Civil Code Section 1714.
How Much Could Partial Fault Reduce My Compensation?
The calculation is straightforward: total damages are reduced by your share of fault.
- 10% at fault: A $200,000 claim may be reduced to $180,000.
- 25% at fault: A $200,000 claim may be reduced to $150,000.
- 50% at fault: A $200,000 claim may be reduced to $100,000.
- 75% at fault: A $200,000 claim may be reduced to $50,000.
Real cases are rarely that neat. The amount available may also depend on insurance limits, the severity of the injuries, the number of responsible parties, and the strength of the evidence.
Why Might an Insurance Company Blame the Rider?
Adjusters look for any fact they can use to shift responsibility. They may argue that the motorcyclist:
- Was speeding
- Followed too closely
- Changed lanes unsafely
- Failed to signal
- Was distracted
- Failed to yield
- Split lanes unsafely
- Rode with defective lights, tires, or brakes
- Was under the influence
A traffic violation does not automatically settle the issue. The conduct must have contributed to the crash or made the injuries worse.
A rider may have been traveling above the speed limit, for instance, while another driver still caused the collision by turning directly across the rider’s path. Fault depends on the full sequence of events, not one isolated detail.
Does Lane Splitting Make Me Automatically At Fault?
No. Lane splitting is not automatically negligent in California.
California Vehicle Code Section 21658.1 defines lane splitting as riding between rows of vehicles traveling in the same direction. Whether it played a role in a crash depends on the circumstances.
Speed matters. So do traffic conditions, visibility, surrounding vehicle movement, lane width, and the actions of the other driver.
An adjuster may try to treat lane splitting as proof of fault by itself. It is not. The question is whether the rider’s conduct was unsafe and whether it contributed to the collision.
You can read the statutory definition in California Vehicle Code Section 21658.1.
What If I Was Not Wearing a Helmet?
California requires motorcycle riders and passengers to wear compliant helmets. Not wearing one, however, does not necessarily mean you caused the accident.
Helmet use may become relevant when the claim involves a head or facial injury. The defense may argue that a helmet would have reduced the harm. That argument carries far less weight in a claim involving a broken leg, shoulder injury, or other harm unrelated to helmet protection.
Even when helmet use affects part of the case, the rider may still recover compensation from the person who caused the crash.
Who Decides Fault?
During the insurance process, adjusters and attorneys may negotiate over percentages. One insurer may say the rider was 40% responsible. The rider’s attorney may argue the figure should be 10% or zero.
An adjuster’s opinion is not binding.
If the case goes to trial, the judge or jury decides:
- Whether the defendant acted negligently
- Whether that negligence caused harm
- Whether the rider also acted negligently
- How much fault belongs to each party
- The total amount of damages
The percentages are based on the evidence, not on who makes the first accusation.
What Evidence Can Help Reduce My Share of Fault?
Evidence is often what separates a fair settlement from an inflated blame assessment.
Useful evidence may include:
- The police report
- Traffic-camera footage
- Surveillance video from nearby businesses
- Helmet-camera or dash-camera footage
- Photos of the vehicles and roadway
- Skid marks, debris, and vehicle damage
- Witness statements
- Cellphone records
- Vehicle data
- Medical records
- Motorcycle inspection records
- Accident reconstruction findings
Some of that evidence can disappear quickly. Video may be overwritten. Vehicles may be repaired. Witnesses become harder to locate, and memories fade. Early investigation gives your attorney more to work with.
What Damages Can I Recover?
A motorcycle accident claim may include compensation for both financial losses and the personal impact of the injuries.
Potential damages include:
- Emergency care
- Hospital bills
- Surgery
- Physical therapy
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Motorcycle repairs or replacement
- Other damaged property
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
Serious motorcycle injuries can affect a person for years. A claim should account for more than the bills already sitting on the kitchen table. Future care, time away from work, permanent limitations, and the disruption to daily life may all matter.
Be Careful With Insurance Adjusters
The other driver’s insurer may call soon after the crash and ask for a recorded statement. The questions may sound routine, but the adjuster is also looking for comments that can be used against you.
A casual remark such as “I may have been going a little fast” can take on a much larger role later. The same is true of guesses about distance, timing, visibility, or what another driver may have seen.
Be honest, but do not speculate. You are not required to adopt the insurance company’s theory of the accident.
Social media can also create problems. Photos, check-ins, videos, and status updates may be reviewed and taken out of context. It is usually best to keep details of the accident and your recovery offline while the claim is pending.
How Long Do I Have to File a Claim?
California Code of Civil Procedure Section 335.1 generally gives injured people two years to file a personal injury lawsuit.
That does not mean every rider should assume two full years are available.
Claims involving a government agency, public employee, public roadway, or government vehicle may require an administrative claim within six months. Other facts can also change the deadline.
The general statute appears in California Code of Civil Procedure Section 335.1.
Waiting can also weaken the case long before the filing deadline arrives. Evidence gets lost, and insurers have more room to dispute what happened.
Talk to a Fontana Motorcycle Accident Lawyer
Partial fault does not necessarily prevent you from recovering compensation. It changes the calculation.
Banner Attorneys can investigate the crash, preserve evidence, identify all responsible parties, and push back when an insurance company tries to place too much blame on the rider.
If you were hurt in a motorcycle accident in Fontana or elsewhere in San Bernardino County, contact Banner Attorneys to discuss your case and how California’s comparative negligence rules may affect your recovery.
Frequently Asked Questions
Can I recover compensation if I was more than 50% at fault?
Yes, potentially. California does not use a 50% or 51% cutoff. A rider found 60% at fault may still recover 40% of proven damages.
What if the insurance company says the accident was 50/50?
You do not have to accept that assessment. It is an insurer’s position, not a final legal ruling. Video, witness statements, physical evidence, traffic laws, and expert analysis may support a different allocation.
Am I automatically at fault because I was speeding?
No. Speed may be relevant, but it does not answer every question. The issue is whether it contributed to the crash or the injuries. Another driver may still carry most of the fault.
Can I recover compensation if I was lane splitting?
Yes, depending on the facts. Lane splitting is not automatically negligent in California. The analysis turns on speed, traffic, visibility, positioning, and the actions of everyone involved.
Should I admit partial fault to the adjuster?
Do not lie, but do not guess or agree with conclusions before the crash has been investigated. You can describe what you know without speculating about percentages of fault.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every motorcycle accident claim is different, and filing deadlines or exceptions may apply. Speak with a qualified California attorney about your specific circumstances.
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