Critical Steps to Take After a Motorcycle Accident in California

Motorcyclists are hurt and killed at far higher rates than people in cars. According to NHTSA, motorcyclists are nearly 27 times more likely to die and about 5 times more likely to be injured per mile traveled than passenger car occupants. The evidence you gather, or fail to gather, in the hours after a crash can make or break your personal injury claim. California’s two-year statute of limitations under CCP Section 335.1 gives you time to build your case. But critical evidence disappears quickly. Surveillance footage is overwritten within days, witnesses leave the scene, and vehicle EDR data can be overwritten. Acting correctly from the moment the crash occurs protects both your health and your legal rights.

Key Takeaways

• Call 911 immediately. A police report is important evidence, and CVC Section 20008 separately requires the driver to submit a written report to police within 24 hours when the accident causes injury
• Seek medical evaluation the same day even if you feel fine: adrenaline can mask injury symptoms that may worsen within 24 to 72 hours
• Document the scene: photograph vehicle positions, road conditions, skid marks, your injuries, and the at-fault driver’s license and insurance
• Do NOT give a recorded statement to any insurance company, including your own, before consulting with Attorney Yazdi
• California’s two-year statute of limitations (CCP Section 335.1) applies, so contact an attorney promptly to preserve all evidence

Step 1: Ensure Safety and Call 911

Move to a safe location if possible. Call 911 immediately. Motorcycle accidents frequently cause serious injuries, so request emergency medical services if there are any signs of injury to yourself or others. A police report (Traffic Collision Report, or TCR) is foundational evidence in your claim, and CVC Section 20008 requires the driver to submit a written report to police or the CHP within 24 hours when the accident causes injury.

Step 2: Document the Scene Before Vehicles Are Moved

Use your phone to photograph and video: the positions of all vehicles; skid marks and road conditions; your motorcycle damage and the other vehicle’s damage; traffic signals, signs, and intersection layout; the at-fault driver’s license plate, driver’s license, registration, and insurance card; and any visible injuries you have sustained.

Step 3: Get Witness Information

Obtain the name, phone number, and if possible a brief written statement from any independent witnesses before they leave. Witness accounts from people with no stake in the outcome are powerful evidence.

Step 4: Seek Medical Evaluation the Same Day

Even if you feel minimal pain at the scene, see a doctor or emergency room the same day. Adrenaline masks soft tissue injuries, spinal injuries, and traumatic brain injuries that worsen in the following hours. Document all complaints, including headache, neck pain, back pain, and dizziness, with your treating provider. Gaps in medical treatment are the primary tool insurers use to dispute injury claims.

Step 5: Notify Your Insurer, But Do Not Give a Recorded Statement

Report the crash to your insurer promptly. However, do NOT give a recorded statement to any insurer (yours or the at-fault driver’s) before consulting with Attorney Yazdi. Recorded statements are used to minimize claims.

Step 6: Contact Attorney Damoun Yazdi

Attorney Yazdi immediately sends preservation demand letters for surveillance footage, obtains the police report, and begins building the evidentiary record. The sooner you retain counsel, the better protected your claim.

Contact The Accident Network Law Group

The hours after a motorcycle crash are when evidence is easiest to lose and hardest to replace, so having a plan matters. Attorney Damoun Yazdi has 12+ years of California motorcycle accident experience and moves quickly to preserve footage, police reports, and witness statements, with offices serving Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield throughout Southern California. Consultations are free, we work on a contingency fee basis, and se habla espanol.

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.