Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents motorcycle accident victims throughout Fresno and Fresno County. In 2023 (the most recent year for which data is currently available), Fresno County recorded 5,377 total fatal and injury victims in traffic crashes. Motorcycle riders accounted for a disproportionate share of serious and fatal injuries in those crashes. These figures are drawn from the California Office of Traffic Safety 2023 Annual Report.

Motorcycle accidents in Fresno occur on Highway 99, on the arterial roads connecting Fresno to Clovis and the surrounding communities, and at intersections throughout the city. The most common mechanism is the left-turn collision: a driver turning left across traffic fails to see an oncoming motorcycle or misjudges its speed, and the motorcycle strikes the turning vehicle. These collisions concentrate injury force directly on the rider's body with no structural protection between the rider and the point of impact.

Legal Standard — Duty and Negligence

Every driver owes a duty of reasonable care to other road users, including motorcyclists. California Civil Code section 1714(a) provides that everyone is responsible for injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov.

A driver who fails to yield the right of way, fails to check mirrors and blind spots before a lane change, or turns left without adequately scanning for oncoming traffic has breached the duty of care. Violation of a traffic statute is negligence per se — the violation itself establishes breach without requiring separate proof of unreasonableness, provided the violation caused the injury the statute was designed to prevent.

California Vehicle Code section 21804 requires a driver entering or crossing a highway to yield the right of way to traffic already on the highway. Vehicle Code section 22107 prohibits lane changes without first ascertaining that such movement can be made with reasonable safety. Violations of these statutes in the context of a motorcycle accident constitute negligence per se.

Lane Splitting and Comparative Fault

California is the only state that expressly permits lane splitting. Vehicle Code section 21658.1 authorizes a motorcycle to be driven between rows of stopped or moving vehicles in the same lane if done in a safe and prudent manner. The California Highway Patrol publishes safety guidelines for lane splitting; riding faster than 10 miles per hour above the speed of surrounding traffic is identified as unsafe.

Where a motorcyclist was lane splitting at the time of a collision, the defense will argue comparative fault. California applies pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 — the plaintiff's recovery is reduced in proportion to his or her own fault but is not eliminated. A motorcyclist found 30 percent at fault recovers 70 percent of proven damages. Whether a lane-splitting motorcyclist was operating safely and prudently is a question of fact for the jury.

Helmet Defense

California Vehicle Code section 27803 requires motorcycle riders and passengers to wear helmets meeting federal safety standards. Where a rider was not wearing a helmet, the defense will argue that the failure to wear a helmet caused or aggravated the head injuries at issue. This argument is relevant to causation of head injuries specifically — it does not reduce liability for injuries to other body parts unrelated to helmet use. The relationship between helmet non-use and a particular injury is a medical causation question addressed through expert testimony.

Injuries in Motorcycle Accidents

Motorcycle accidents produce a distinctive injury profile. Road rash — friction burns from contact with pavement — can range from superficial to deep, covering large body surface areas requiring skin grafting. Fractures of the clavicle, femur, tibia, fibula, and wrist are common. Traumatic brain injury occurs even with helmets in high-energy collisions. Spinal cord injuries, internal organ damage from handlebar impact, and degloving injuries are among the most severe outcomes. The absence of a vehicle frame, airbags, and crumple zones means the rider absorbs forces that a car occupant would not.

Damages

California Civil Code section 3333 provides that the measure of damages for a tort is the amount that will compensate for all detriment proximately caused. The full text of Civil Code section 3333 is at leginfo.legislature.ca.gov. Recoverable damages include medical expenses incurred and future care costs, lost wages and earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Prejudgment interest under Civil Code section 3291 accrues at ten percent per year from the date of a section 998 offer the plaintiff ultimately exceeds.

Filing a Lawsuit in Fresno County Superior Court

Motorcycle accident lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g). Fresno County Local Rules require ADR completion before the mandatory settlement conference, personal in-person attendance at the MSC by trial counsel and insurer representatives with full settlement authority, and in-person attendance at the Trial Readiness Hearing the Friday before trial.

Statute of Limitations

The statute of limitations for personal injury claims in California is two years from the date of injury under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar a lawsuit. The statute of limitations is an affirmative defense the defendant must raise and prove. Tolling doctrines may apply. Claims against a government entity require a tort claim within six months under Government Code section 911.2. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

• Fresno Personal Injury Attorney
• Fresno Car Accident Attorney
• Fresno Brain Injury Attorney
• Fresno Uninsured Motorist Attorney
• Fresno Wrongful Death Attorney

Attorney Michael Rehm handles motorcycle accident cases throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.