What If I Was Partly at Fault for My California Motorcycle Accident?

Being partly at fault for a motorcycle accident does not bar your recovery in California. California uses a pure comparative negligence rule. The California Supreme Court set it in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, so your total recovery is reduced by your percentage of fault. You can still recover even if you were 99% at fault. This differs from contributory negligence states, where any fault by the plaintiff can bar recovery entirely. If you were hurt in a California motorcycle accident and may share some blame, do not assume you have no claim. Consult Attorney Damoun Yazdi to evaluate the full picture.

Key Takeaways

• California’s pure comparative negligence rule, from Li v. Yellow Cab Co. (1975), reduces your recovery by your percentage of fault but never eliminates it on comparative-fault grounds alone
• Common ways motorcyclists are found partially at fault: speeding, lane splitting in an unsafe manner, riding without proper licensing, not wearing a DOT helmet (affecting head injury damages), or failing to signal
• Lane splitting is legal in California (CVC Section 21658.1) when done safely, though aggressive or unsafe splitting may be assigned partial fault
• Helmet non-use (violation of CVC Section 27803) does not bar your claim but may reduce your recovery for head injuries specifically caused by helmet absence
• Insurance companies actively seek to assign maximum fault to motorcyclists, so an experienced attorney is essential to minimize the fault percentage assigned to you

How Comparative Fault Works in Practice

If a jury (or insurance adjuster) determines that you were 30% at fault for your motorcycle accident and the other driver was 70% at fault, your total damages are reduced by 30%. If your total damages were $200,000, you recover $140,000. The other driver’s insurer is liable for the reduced amount.

Common Fault Scenarios for Motorcyclists

Speeding: a motorcyclist exceeding the speed limit or basic speed law (CVC Section 22350) may be assigned partial fault. However, if the other driver made an illegal left turn, failed to yield, or was distracted, the driver’s fault remains the primary cause even with the speed factor.

Unsafe lane splitting: California authorized lane splitting under CVC Section 21658.1, which lets the CHP develop educational safety guidelines for the practice. The CHP has previously circulated informal guidance suggesting riders keep speed differentials low and overall speeds modest while splitting, though these are safety recommendations rather than fixed legal limits. Aggressive splitting at a high speed differential relative to surrounding traffic may still support a finding of partial fault.

Not wearing a helmet: riding without a DOT helmet (CVC Section 27803) may result in partial fault for the severity of head injuries specifically. However, non-helmet use does not affect fault for other injuries (broken bones, road rash) unrelated to the head.

Minimizing Your Fault Percentage

Attorney Damoun Yazdi gathers accident reconstruction evidence, witness testimony, dashcam and surveillance footage, and expert opinions to minimize the fault percentage assigned to injured motorcyclists. Early evidence preservation is critical.

Contact The Accident Network Law Group About Your Motorcycle Fault Dispute

Motorcyclists routinely get blamed for accidents that were not their fault, especially when lane splitting or helmet use becomes the insurer’s focus instead of the other driver’s traffic violation. Attorney Damoun Yazdi, with 12+ years of California motorcycle accident experience, gathers the reconstruction evidence and witness accounts needed to push your assigned fault percentage down and your recovery up.

Free consultations, contingency fee, no cost unless we recover for you. His team serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol.

Legal Disclaimer

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.