The Data: Drivers Cause the Majority of Motorcycle Crashes

As a Los Angeles motorcycle accident lawyer, I know that the widespread belief that motorcyclists are usually at fault for their own crashes is contradicted by every major study of motorcycle accident causation. The most authoritative source remains the Hurt Report, a 1981 NHTSA-commissioned study of 900 Los Angeles-area motorcycle accidents that has been continuously cited and updated by safety researchers ever since.

Key Hurt Report findings that still hold true on California roads today:

• 66% of multi-vehicle crashes were caused by the other motorist, not the motorcyclist.
• The most common scenario is a left-turning passenger vehicle violating the motorcyclist’s right of way.
• “I didn’t see the motorcycle” is the most common driver excuse — and it does not absolve the driver of liability.
• Inattention to traffic by the driver of the other vehicle is the dominant cause of motorcycle accidents.

The #1 Cause of Motorcycle Accidents: The Left-Turning Driver

The classic California motorcycle crash looks like this: a driver heading the opposite direction makes a left turn at an intersection (or into a driveway) and turns directly into the path of an oncoming motorcyclist with the right of way. The motorcyclist either strikes the side of the vehicle or is struck by the front bumper as the car cuts across.

California Vehicle Code §21801 governs left turns and requires drivers to yield the right of way to all oncoming traffic that is close enough to constitute an immediate hazard. A driver who turns into the path of an oncoming motorcyclist almost always violates this section, which establishes negligence per se under California law.

Why Drivers Keep Hitting Motorcycles

• Smaller visual profile: motorcycles are harder to see
• Motion camouflage: a motorcycle approaching head-on can appear stationary
• Drivers scan for cars, not bikes — a phenomenon called “inattentional blindness”
• Distracted driving (cell phones, infotainment systems, GPS)
• Misjudging the speed and distance of an oncoming motorcycle

Other Common California Motorcycle Accident Scenarios and Who Is at Fault

Rear-End Collisions

When a car rear-ends a motorcyclist who is stopped at a light or in slow traffic, the rear driver is almost always at fault under California Vehicle Code §22350 (basic speed law) and §21703 (following too closely). Rear-end crashes are particularly dangerous for motorcyclists because there is no rear bumper or crumple zone.

Unsafe Lane Changes and “Swoop-Ins”

When a driver changes lanes into a motorcyclist’s lane without seeing the bike, the lane-changing driver is at fault under California Vehicle Code §22107 (turning movements and required signals).

Dooring Accidents

When a parked driver opens a door into the path of a motorcyclist, the driver who opened the door is at fault under California Vehicle Code §22517.

Single-Vehicle Crashes

Approximately one-third of motorcycle accidents involve no other vehicle. These are often blamed on the rider, but in many cases liability still rests elsewhere: a road defect (potholes, gravel, poor signage), a defective motorcycle component, a hazard left by a construction crew, or another driver whose behavior caused the rider to take evasive action. Government entities can be liable for dangerous road conditions, but a six-month claim deadline applies.

What About Lane Splitting? Is That the Motorcyclist’s Fault?

Lane splitting — a motorcycle riding between lanes of slow or stopped traffic — has been legal in California since 2016 under California Vehicle Code §21658.1. The California Highway Patrol publishes guidelines on safe lane-splitting practices.

Insurance companies routinely argue that any motorcyclist who was lane splitting at the time of a crash was comparatively negligent. This argument is wrong as a matter of law: lane splitting is legal, and a rider who lane splits within reasonable speed and traffic conditions is not negligent simply for doing so. Defending against this argument is one of the most common things an experienced California motorcycle attorney does.

California’s Pure Comparative Fault Rule: You Can Recover Even if Partially at Fault

Under California Civil Code §1714 and the California Supreme Court’s decision in Li v. Yellow Cab Co. of California, 13 Cal. 3d 804 (1975), an injured rider can recover damages even if they were partially at fault for the crash. The rider’s recovery is reduced in proportion to their share of fault.

How Pure Comparative Fault Works in Practice

Suppose your damages are $500,000 and a jury finds you 30% at fault for speeding while the left-turning driver is 70% at fault. You still recover $350,000 (70% of $500,000). This is a major advantage over states with contributory negligence rules, where any fault on your part bars recovery.

Insurance adjusters know this rule and routinely overstate the rider’s share of fault to reduce settlement value. Common defense arguments to push fault onto the rider include speeding, lane splitting, helmet non-compliance (California is a universal helmet state under California Vehicle Code §27803), loud pipes, modified motorcycle, and rider experience level. Each of these arguments can be countered with proper investigation and expert testimony.

Frequently Asked Follow-Up Questions

Sources and Authorities Cited in This FAQ

• Hurt, H.H., Ouellet, J.V., & Thom, D.R. (1981). Motorcycle Accident Cause Factors and Identification of Countermeasures, NHTSA
• California Vehicle Code §21801 (left turn yield requirements)
• California Vehicle Code §21658.1 (lane splitting)
• California Vehicle Code §22350 (basic speed law)
• California Vehicle Code §21703 (following too closely)
• California Vehicle Code §22517 (opening doors into traffic)
• California Vehicle Code §27803 (motorcycle helmet requirement)
• California Civil Code §1714 (comparative fault)
• Li v. Yellow Cab Co. of California, 13 Cal. 3d 804 (1975)
• California Code of Civil Procedure §335.1 (two-year statute of limitations)

Related Resources From Our Firm

• Motorcycle Accident Attorneys in Los Angeles California (practice page)
• Most Common Motorcycle Crash Injuries
• Average Settlement Amounts for Motorcycle Accident Cases in California
• Orange County Motorcycle Accident Attorney and Injury Lawyer

Speak With a Los Angeles Personal Injury Lawyer Today

If you or a loved one was injured in an accident in Los Angeles or anywhere in California, Steven M. Sweat, Personal Injury Lawyers, APC offers free, no-obligation case reviews. With more than 30 years of experience exclusively in personal injury and wrongful death law, we have recovered hundreds of millions of dollars for accident victims throughout California. You pay nothing unless we win your case.

Call: 866-966-5240 (toll free)

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Disclaimer: The information on this page is for general educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. Every case is evaluated on its individual merits.

What does California law say about carrying passengers on a motorcycle and if there is are injuries to a passengers on motorcycles, who is responsible? As a personal injury lawyer who routinely handles motorcycle collision claims, this is an issue that I deal with quite frequently. There are various provisions of the California Vehicle Code and general negligence laws that come into play in analyzing these issues. I wanted to try to answer some of the common questions that come up in this post.

Is it legal to carry someone on the back of my bike?

The answer to this question, like most legal questions is, it depends. The main provision of law in play is California Vehicle Code §27800 which mandates that it is unlawful to carry another person on a motorcycle as a passenger unless:

1. The motorcycle has a seat “securely fastened to the machine with foot rests” or a sidecar attached and designed for the purpose of carrying passengers;
2. The passenger must keep his or her feet on the foot pegs at all times while traveling on the back of the motorbike.

Is there an age requirement to be a passenger on a motorcycle?

The starting point for answering this question is CVC 27800 above. If a passenger cannot reach the foot rests, it would be unlawful to carry them on the bike. In addition, California Vehicle Code §27360, which requires children under the age of eight to ride in all motor vehicles only when seated in a “passenger restraint system meeting applicable federal motor safety standards” (i.e. a child safety seat). Therefore, until the child is at least eight years old and is tall enough to ride on the back and reach the foot rests, it would be unlawful to carry them on the back of a motorcycle.

Does the motorcycle passenger have to wear a helmet just like the driver?

In a word, YES. California Vehicle Code §27803 mandates that both “a driver” and “any passenger” shall wear a helmet while riding on a “motorcycle”, “motor-driven cycle” or “motorized bicycle”. The helmets must meet the minimum safety standards set forth in California Vehicle Code §27802.

Who is legally responsible if an injury to passengers on motorcycles occurs or if a passenger is killed in a crash?

This really depends upon a lot of factors. Obviously, if the motorcycle operator is carrying a passenger in violation of one of the laws above, this could put them at least partially at fault. Likewise, if the passenger knowingly fails to wear a helmet in violation of state law, they may be partially responsible for their own injuries to the extent that a helmet may have prevented serious head trauma or brain injury.

Going beyond just the vehicle code “rules”, any motor vehicle accident including motorcycle wrecks have to be analyzed by a quality motorcycle injury lawyer to determine whether the incident involved negligence. As I have discussed more at length here, California is a comparative fault state. This means that a judge or jury may examine the evidence regarding the incident and make a determination as to how to apportion fault among all parties involved. In some cases, like when a car turns left in front of an oncoming motorcycle, liability is pretty clearly stacked against the driver of the car. Other times, the fault lines may not be as clear. Distances, reaction times of the auto operator and the motorcyclist, ability to possibly avoid the collision, visibility, lighting, speeds of both the car or truck and the motorcycle, and many other factors must be examined. Oftentimes, quality motorcycle injury attorneys will employ accident reconstruction experts to examine the police report, inspect the scene, look at measurements of skid marks and property damage and make a determination as to their opinion on who may have been at fault. However, in the end, it is the judge or jury who gets to hear the evidence and these opinions and decide whether the motorcycle passenger should be entitled to money damages, who should pay this compensation and what percentage of responsibility to parse out.

Other Resources:

CLICK OVER TO OUR MAIN MOTORCYCLE ACCIDENT PAGE HERE FOR A MORE COMPLETE DISCUSSION OF MOTORCYCLE ACCIDENT AND INJURY LAW IN CALIFORNIA.