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Motorcycle crashes often result in serious injuries—and in many cases, the injured rider ends up being blamed. In California, where motorcycles share busy highways with cars, trucks, and distracted drivers, riders are frequently stereotyped as reckless or aggressive.
At Hanning & Sacchetto, our personal injury lawyers in Whittier know how critical it is to challenge these assumptions and prove who was at fault. If you’ve been injured in a motorcycle accident and the other driver points the finger at you, here’s what you need to know about defending your rights and building a strong case.
Understanding California’s Fault and Comparative Negligence Laws
California is a fault-based state, meaning the person who causes an accident is legally responsible for paying damages. However, California also follows a pure comparative negligence rule. This means that even if you were partially at fault, you can still recover compensation—your damages will just be reduced by your percentage of fault.
For example, if your total damages are $100,000 and you’re found 30% at fault, you can still recover $70,000. Proving the actual share of fault is, therefore, extremely important.
Common Tactics Used to Blame California Motorcyclists for Crashes
Many drivers and insurance companies try to blame motorcyclists using common stereotypes or assumptions.
They often include:
- Accusing the rider of speeding or weaving between cars.
- Arguing that lane splitting was unsafe, even though it’s legal in California.
- Claiming the motorcyclist was not visible or failed to wear proper gear.
- Suggesting the rider failed to obey traffic signals or signs.
These arguments are often based on bias rather than facts, so a thorough investigation is critical.
Evidence That Can Help Prove Fault in a California Motorcycle Accident
At Hanning & Sacchetto, LLP we quickly collect the evidence necessary to establish liability.
Key evidence may include:
- Police Reports: Officers often make initial fault determinations based on statements, evidence, and traffic laws.
- Eyewitness Statements: Independent witnesses can be powerful, especially if they saw the other driver’s negligence.
- Traffic or Surveillance Camera Footage: Video evidence can show how the crash happened.
- Vehicle Damage and Crash Scene Photos: Skid marks, point of impact, and damage patterns help reconstruct the crash.
- Helmet or Dash Cam Footage: If you were wearing a helmet cam or riding with someone who was, this footage can make your case undeniable.
We also work with accident reconstruction experts when needed to scientifically demonstrate what occurred and why the other driver is at fault.
Don’t Let Blame Undermine Your Recovery
If the other driver blames you for the motorcycle crash, don’t assume that means you’ll lose your case. With the right legal team and evidence, you can fight back—and win. The sooner you act, the more likely it is that critical evidence can be preserved and witness memories stay fresh.
If you’ve been injured in a Motorcycle accident in Whittier or anywhere in Southern California, call (562) 280-2095 or contact our experienced Los Angeles County personal injury attorneys at Hanning & Sacchetto, LLP online for a free consultation. We’ll stand up for your rights and help you prove who was at fault.