A motorcycle crash on the 99 Freeway or along Rosedale Highway can leave you with shattered bones, road rash that runs deep into tissue, or a traumatic brain injury that changes every part of your daily life. Medical bills pile up. You may not be able to work. And the insurance company is already looking for reasons to pay you less. If you or someone you love was hurt in a Bakersfield motorcycle accident, you need an attorney who understands how aggressively insurers fight these claims and how to fight back harder.
Culver Legal, LLP, represents motorcycle accident victims throughout Kern County. Our personal injury attorneys have recovered over $1 billion for injured clients across California, including a $2.25 million result in a motorcycle accident case. We handle every stage of your claim so you can focus on recovery.
Motorcycle Riders Face Unique Legal Challenges in California
Insurers treat motorcycle claims differently. Adjusters often assume the rider was splitting lanes recklessly or riding too fast, and they use that assumption to minimize or deny liability. California is a pure comparative fault state, which means fault is shared when evidence supports it, but it also means insurers work hard to assign as much blame to the rider as possible. Even if you are found 30 percent at fault, you still recover 70 percent of your total damages. A $500,000 claim does not disappear because the other driver argues you could have braked sooner.
Lane splitting is legal in California under California Vehicle Code Section 21658.1. That alone does not establish fault, and insurers who try to argue otherwise should be challenged on it. If you were riding within a lane, following signals, and hit by a driver who failed to check mirrors or shoulder-check before merging, the fault rests with that driver. Our attorneys know how these arguments play out in Kern County courtrooms and how to document the facts before evidence disappears.
Under California Code of Civil Procedure Section 335.1, you have two years from the date of injury to file a personal injury lawsuit. Claims against a government entity, such as a case involving a dangerous road condition on a Caltrans-maintained stretch of the 58, require a six-month administrative claim deadline. Missing either window closes your case permanently. Do not wait to speak with an attorney.
Common Causes of Motorcycle Accidents in Bakersfield
Bakersfield’s road grid, heavy agricultural truck traffic, and long stretches of high-speed highway create specific risks for motorcycle riders. Some of the most frequent causes our attorneys see in Kern County cases include:
- Left-turn collisions at intersections when drivers fail to yield to oncoming motorcycle traffic
- Lane-change crashes caused by drivers who do not check blind spots before merging on the 99 or Highway 58
- Rear-end collisions at stop signs and traffic lights, where a motorcycle’s stopping distance is misjudged
- Road hazards, including gravel, debris, and uneven pavement on county roads and rural routes
- Collisions involving commercial trucks and agricultural vehicles are common in the Kern County area
- DUI crashes, particularly on weekend evenings in the downtown corridor near the Padre Hotel and along Chester Avenue
Helmet Laws and Comparative Fault in Bakersfield Motorcycle Cases
California Vehicle Code Section 27803 requires all motorcycle riders and passengers to wear a helmet. Failing to wear one does not bar you from recovering compensation. However, if you were not wearing a helmet and you suffered a head or brain injury, the insurer will argue that your helmet failure worsened those specific injuries and seek a comparative fault reduction on that portion of the claim. This argument applies only to head and brain injury damages. It does not reduce compensation for broken bones, internal injuries, spinal trauma, road rash, or any other injury below the neck.
An attorney who understands how to limit the scope of this argument protects significantly more of your recovery. Do not assume a helmet defense closes your case.
What to Do After a Motorcycle Accident in Bakersfield
- Call 911 and stay at the scene. A Bakersfield Police Department or CHP report creates an official record of the crash.
- Get medical attention immediately, even if you feel functional. Adrenaline masks injury symptoms. Many serious injuries, including internal bleeding and traumatic brain injury, are not apparent at the scene.
- Do not remove your helmet, jacket, gloves, or other gear. Preserve all riding gear in post-crash condition. Insurers and accident reconstruction experts examine gear for evidence of impact angle, speed, and contact points.
- Do not allow your motorcycle to be repaired or moved to an impound lot without first having it documented by your attorney or an investigator.
- Photograph everything: your injuries, the other vehicle, the road surface, skid marks, traffic signals, and any debris field.
- Get witness contact information. Witnesses at busy Bakersfield intersections are often gone within minutes.
- Report the accident to your insurer, but provide only the date, time, and location. Do not describe the accident in detail, and do not give a recorded statement.
- Contact Culver Legal before speaking with the other driver’s insurance company.
Expert Legal Tip from the Attorneys at Culver Legal: One of the most damaging things a motorcycle accident victim can do is allow their bike to be repaired before an attorney or expert documents its condition. The damage pattern on the frame, the impact points on fairings, and the condition of tires and brakes can all confirm what happened and contradict an insurer’s version of events. Once the bike is repaired or scrapped, that evidence is gone. Call us before you authorize any repairs.
What Not to Say to the Insurance Company
The other driver’s insurer is not working for you. Their adjuster is trained to reduce what they pay, and statements you make in the first days after a crash are recorded and used against you later. Avoid saying any of the following:
- “I’m fine” or “I’m not that hurt.” Motorcycle injuries often worsen over days. A statement made 24 hours after impact can be used to deny a serious injury documented two weeks later.
- “I might have been going a little fast.” Any admission, even a casual one, becomes a documented percentage of comparative fault.
- “I didn’t see them either.” A mutual perception failure is not the same as a shared fault. Do not volunteer it.
- Anything about your prior injuries or health conditions? That information belongs in your medical records, not an adjuster’s call log.
You are not legally required to give a recorded statement to another party’s insurer. Politely decline and refer them to your attorney.
Insurance Tactics Riders Should Know
Motorcycle accident claims attract some of the most aggressive insurance defense strategies in personal injury law. Here is what to expect:
Bias against riders. Adjusters and defense attorneys often frame motorcycle riders as inherently reckless. This framing has nothing to do with what actually happened. It is a negotiation tactic.
Quick low-ball settlements. Early settlement offers arrive before your medical picture is complete, before the full extent of nerve damage, orthopedic injury, or cognitive impairment is documented. Once you sign a release, you cannot return for more compensation. Do not accept any offer before your treatment is complete and you have spoken with an attorney.
Gap-in-treatment arguments. If you waited days before seeing a doctor or let time pass between follow-up appointments, an adjuster will argue the gap proves your injuries are not serious or were caused by something else. Establish a clear, consistent medical record from the day of the crash. Every gap becomes an argument for less money.
Disputed app status and UM claims. If the at-fault driver has insufficient insurance, your own uninsured/underinsured motorist coverage may apply. California Insurance Code requires insurers to offer UM/UIM coverage. Even claims made against your own policy can be disputed. Our attorneys handle those disputes.
What Compensation May Be Available
A successful motorcycle accident claim in Bakersfield can include recovery for:
- Emergency room costs, surgery, hospitalization, and ongoing rehabilitation
- Future medical expenses, including physical therapy, specialist visits, and assistive devices
- Lost wages during recovery and reduced future earning capacity if injuries are permanent
- Pain and suffering, including emotional distress and loss of enjoyment of life
- Property damage to your motorcycle and gear
- Wrongful death damages if the crash was fatal, including funeral expenses and loss of financial support
Serving Motorcycle Accident Victims Across Bakersfield and Kern County
Our attorneys represent clients injured throughout the Bakersfield area, including in Oildale, Rosamond, Tehachapi, Shafter, and Delano. Whether the crash happened on a stretch of Highway 99, near Mechanics Bank Arena, on Stockdale Highway, or on a rural county route, our team investigates the scene, secures evidence, and builds the strongest possible case.
For comprehensive information on California motorcycle accident law and your rights as an injured rider, our attorneys also handle the full range of motorcycle accident claims across the state.
Why Injured Riders Choose Culver Legal
- Over $1 billion recovered for clients across California
- $2.25 million recovered in a motorcycle accident case
- Named attorneys: Thanos Simoudis, David Merabi, Dario C. Gomez, Victoria Manesh, Michael Domingo, Michael B. Huynh
- Bilingual staff, English and Spanish (Hablamos Español)
- Available 24 hours a day, 7 days a week
- No fees unless we win
- Free case evaluation
Contact a Bakersfield Motorcycle Accident Lawyer Today
Culver Legal, LLP, represents motorcycle accident victims throughout Bakersfield and Kern County. Our personal injury attorneys are available 24 hours a day, charge no fees unless we win, and offer a free case evaluation with no obligation. Call now at (310) 600-7881 to speak with an attorney about your case.
This content has been reviewed by the attorneys at Culver Legal, LLP, licensed to practice law in the State of California.
Attorney advertising. Past results do not guarantee future outcomes.
