Motorcyclists and drivers share the same roads, but they don’t face the same risks when a collision occurs.

A passenger vehicle surrounds its occupants with a frame, seat belts, airbags, and other safety systems.

A motorcycle rider has far less physical protection.

That means a collision that leaves a vehicle driver relatively unharmed can result in significant injuries for a motorcyclist.

Unfortunately, injured riders can also face another problem after the crash:

Assumptions about who was responsible, made before anyone has looked at the motorcycle accident evidence.

A motorcyclist should not automatically be blamed simply because they were riding a motorcycle. Determining fault requires examining what actually happened.

Our August post on why drivers need to look twice for motorcycles is about preventing these crashes. This one is for the rider who has already been hurt, and it covers the evidence and decisions that follow.

Why Motorcycle Accidents Can Be So Serious

Motorcycles are smaller and less visible than passenger vehicles.

Drivers who aren’t actively looking for motorcycles may fail to notice a rider approaching an intersection, traveling beside them, or entering an area where the driver intends to turn.

Common collision scenarios can include:

  • Vehicles turning across a motorcycle’s path
  • Drivers changing lanes without seeing a rider
  • Rear-end collisions
  • Vehicles entering from driveways or parking areas
  • Unsafe following distances
  • Distracted driving
  • Speed-related crashes
  • Roadway hazards

Regardless of how a collision happens, motorcyclists can suffer substantial injuries because there is little separating the rider from the vehicle, pavement, or surrounding objects.

Motorcycle Accident Evidence Goes Beyond the Police Report

Police reports can contain important information following a motorcycle collision, but an accident investigation may involve much more.

Other potentially relevant evidence can include:

  • Photographs of the scene
  • Vehicle and motorcycle damage
  • Witness statements
  • Traffic-camera footage
  • Business surveillance video
  • Dash-camera recordings
  • Skid marks and debris
  • Electronic vehicle information
  • Medical documentation

The physical location of the vehicles and damage patterns may also become important when determining how a collision occurred.

If you’re physically able to do so safely, gather basic information at the scene. When injuries prevent you from doing that, a family member or attorney may later assist with obtaining available evidence.

Watch What You Say After the Collision

Immediately after an accident, people are often shaken and confused.

You may not know exactly what happened.

Avoid guessing.

Statements such as:

“Maybe I was going too fast.”

or

“I didn’t see them either.”

may be made casually while someone is still processing the accident.

Stick to facts you actually know.

The same principle applies when speaking with insurance representatives later.

If you’re uncertain about something, don’t speculate simply because someone asks you for an immediate answer.

Get Medical Attention

Motorcycle crashes can produce injuries involving the head, neck, back, shoulders, arms, legs, joints, and other areas of the body.

Road rash can also range from relatively minor abrasions to more significant injuries requiring medical treatment.

Your health should come first.

Seek appropriate medical care and accurately explain your symptoms to healthcare professionals.

If treatment is recommended, follow the medical advice you’re given.

Keep documentation involving medical appointments, prescriptions, diagnostic testing, rehabilitation, work restrictions, and other accident-related expenses.

Don’t Let Stereotypes Decide Who Was Responsible

Motorcycle riders sometimes encounter stereotypes suggesting they are automatically reckless or aggressive drivers.

Legal responsibility should be based on evidence, not stereotypes.

Was another driver distracted?

Did a vehicle make an unsafe turn?

Did someone change lanes without adequately checking?

Was there a roadway hazard?

Was a driver following too closely?

Were multiple parties involved?

Those are factual questions.

Every motorcycle accident should be evaluated according to what actually occurred.

Your Motorcycle Is Evidence Too

After a serious collision, the motorcycle itself can potentially contain important physical evidence. It is often some of the most useful motorcycle accident evidence there is.

Before making decisions about repairs, disposal, salvage, or transferring possession of a heavily damaged motorcycle, consider whether the condition of the motorcycle may be relevant to an ongoing claim.

Photograph the motorcycle extensively.

Capture:

  • Front
  • Rear
  • Both sides
  • Damaged components
  • Impact areas
  • Helmet and riding equipment when relevant

The goal is to preserve a visual record before anything changes.

What If the Other Driver Says You Caused the Crash?

A disagreement at the scene doesn’t determine legal responsibility.

Neither does an accusation from another driver.

Insurance companies, attorneys, investigators, and potentially courts may evaluate available evidence to determine what occurred.

California also uses comparative-fault principles, meaning responsibility in an injury matter can sometimes be allocated among more than one party. Under that rule, a rider who is found partly at fault can still recover damages, reduced by his or her share of the responsibility.

That makes a careful investigation especially important when the parties disagree about how a motorcycle collision occurred.

At Khashan Law Firm, our motorcycle accident team can review the circumstances surrounding a motorcycle accident, investigate available evidence, and help injured riders understand their legal options.

Motorcycle accidents can result in serious injuries, expensive medical treatment, missed work, and complicated disputes over responsibility.

If you or someone you love has been injured in a motorcycle collision involving potential negligence, contact Khashan Law Firm for a FREE consultation. We can review what happened and help you understand your options.

If you are still deciding whether you need a lawyer at all, our guide to hiring a motorcycle accident lawyer in California covers what to look for.

Khashan Law Firm proudly serves riders and families throughout Ontario, Murrieta, Rancho Cucamonga, Temecula, the Inland Empire, Southern California, and communities across California. Hablamos Español.