In California, motorcyclists enjoy the same rights and responsibilities on the road as other motor vehicle drivers. However, when it comes to “right of way,” there are specific rules governing various road situations. Both motorcyclists and other drivers need to be aware of the “right of way” laws in order to prevent accidents. If you have suffered injuries in a motorcycle crash, you should get legal representation from a proven Stockton personal injury attorney as soon as possible.
What is the “Right of Way” in California?
The “right of way” refers to the legal priority given to one driver or group of drivers to proceed through traffic under specific conditions. California’s Vehicle Code mandates rules about when drivers and motorcyclists should yield, stop, or proceed, but it does not inherently prioritize one type of vehicle over another. Instead, all road users, including motorcyclists, are expected to follow the same right-of-way rules that apply to cars, trucks, and other vehicles.
Motorcyclists do not have special “right-of-way” privileges; instead, they are subject to the same traffic laws and the same rules as other vehicles on California’s roads. In the event of an accident, a fault is often determined based on which driver or rider violated these laws.
Common Right-of-Way Situations for Motorcyclists
While motorcycle right-of-way laws in California are the same for motorcyclists as for other drivers, certain situations may lead to confusion or accidents. Here are a few examples of conflicts involving motorcyclists’ right-of-way.
Intersections and Stop Signs
At intersections, motorcyclists are required to yield to vehicles that have the right of way, just as cars must do. According to California Vehicle Code § 21800, when two vehicles (including motorcycles) approach an intersection at the same time, the car on the left must yield to the vehicle on the right.
Making Left Turns
Left-turn accidents are one of the most common causes of collisions involving motorcyclists. Under California Vehicle Code § 21801, drivers making a left turn must yield the right of way to oncoming traffic, including motorcyclists. Even though motorcyclists are often more demanding to see, failure to yield the right of way in these scenarios can lead to severe accidents. If a driver fails to yield to a motorcyclist during a left turn, they may be found at fault.
Merging and Lane Changes
Motorcycle riders have the right to occupy an entire traffic lane, just like any other vehicle. Under California Vehicle Code § 21658, drivers must ensure that a lane is clear before changing lanes or merging into traffic. Failure to notice a motorcyclist or improperly yielding during a bike lane change can cause dangerous sideswipe collisions or other motorcycle accidents.
Pedestrians
California motorcycle laws require motorcyclists to yield the right of way to pedestrians in crosswalks and intersections. California Vehicle Code § 21950 outlines that all vehicles, including motorcycles, must yield to pedestrians crossing the road within a marked or unmarked crosswalk.
Lane Splitting and Right of Way in California
California Lane Splitting Law
As of 2017, California Assembly Bill 51 formally recognized lane splitting as legal, but it mandates that motorcyclists perform this maneuver safely without endangering themselves or other drivers.
According to the revised California Highway Patrol (CHP) guidelines, when traffic is moving faster than 30 mph, motorcyclists should not exceed the surrounding traffic speed by more than 10 mph. If traffic is moving at or below 30 mph, the speed difference should be limited to 5 mph. The maximum speed for lane splitting is capped at 50 mph.
Right of Way During Lane Splitting
Lane splitting does not provide motorcyclists with any additional right of way. Motorcyclists must still be aware of other vehicles’ movements and avoid aggressive maneuvers. Similarly, drivers must not intentionally impede a motorcyclist who is lane-splitting.
If a motorcyclist is involved in an accident while lane splitting, a fault may be shared or entirely assigned to either the motorcyclist or the other driver, depending on whether safe practices were followed. Factors such as the motorcyclist’s speed, whether the driver signaled adequately before changing lanes, and the conditions of the road will be considered in determining fault.
What Happens if California Right of Way Laws Are Violated?
Motorcyclists, like other drivers, can be held liable if they fail to yield the right of way when required by law. However, because motorcycles are smaller and more challenging to see than other vehicles, motorcyclists are often at greater risk of being involved in right-of-way disputes and accidents.
Comparative Negligence
California follows a pure comparative negligence system in personal injury cases. This means that if a motorcyclist is involved in an accident where the right of way was not yielded, both parties may share fault. For example, if a motorcyclist is speeding and the other driver fails to yield, a court may assign a percentage of fault to both parties. If the motorcyclist is found to be 20% at fault and the other driver 80%, the motorcyclist’s compensation would be reduced by 20%.
Penalties for Failing to Yield Right of Way
In all types of car accidents with motorcyclists, the drivers who violate right-of-way laws can face various penalties, including traffic citations, fines, and increased insurance premiums. In more severe cases where injuries or deaths result from the failure to yield, the at-fault party may face civil liability for damages or even criminal charges in cases of reckless driving or gross negligence.
Motorcyclists’ Responsibilities to Yield Right of Way
While motorcyclists have the right to the road just like any other vehicle, they also bear responsibility for yielding when required. Here are vital situations where motorcyclists must yield in California:
- Yielding to pedestrians in crosswalks
- Yielding to oncoming traffic when making left turns
- Yielding at uncontrolled intersections
- Yielding when merging into a lane of traffic
- Yielding to emergency vehicles
Safety Tips for Motorcyclists and Other Drivers
For Motorcyclists
- Always maintain visibility and use appropriate signals to communicate your intentions.
- Avoid weaving between lanes excessively or speeding during lane splitting.
- Wear appropriate safety gear, including helmets, which are required under California Vehicle Code § 27803.
For Drivers
- Be aware of motorcyclists on the road, especially in blind spots.
- Check mirrors carefully before changing lanes or making turns.
- Avoid distractions, which can make it harder to notice smaller vehicles like motorcycles.
How Our California Motorcycle Accident Attorneys Will Prove You Had the Right of Way When Hit by a Negligent Driver
When a negligent driver fails to yield the right of way and hits your motorcycle, resulting in injuries to you, it becomes essential to prove that you had the right of way. At Brown & Gessell, our experienced Stockton car accident lawyer and motorcycle accident lawyer will move fast to collect every possible piece of evidence to prove that the other driver’s failure to yield led to the accident. Here are the types of evidence we may collect to establish liability.
Police Reports
The first piece of evidence our California motorcycle accident attorneys will obtain is the police report from the scene of the accident. Police reports often include crucial details about the crash, such as:
- Statements from both drivers
- Eyewitness accounts
- The officer’s observations and conclusions about the fault
- Citations issued (if the other driver was cited for failing to yield)
A police report can serve as an authoritative document, mainly if the officer determines that the negligent driver violated traffic laws by failing to yield the right of way. This can significantly strengthen your claim by providing third-party validation of fault.
Accident Scene Evidence (Photos, Skid Marks, Debris)
Physical evidence from the accident scene can provide additional support for your claim. Our legal team at Brown & Gessell will gather or request accident scene photographs taken by the police or involved parties. We may also work with motorcycle accident reconstruction experts to analyze the following:
- Skid marks: These can indicate whether the other driver tried to stop or was speeding when the accident occurred.
- Debris field: The position of debris from the accident can provide clues as to how and where the collision took place.
- Vehicle positioning: The location of the vehicles after the crash can be telling, mainly if the negligent driver’s car is in an improper position, like on the wrong side of the road or in a lane where they shouldn’t have been.
This evidence can help demonstrate that you were where you should have been, and the other driver failed to yield, resulting in the accident.
Eyewitness Testimony
Eyewitnesses can offer critical third-party perspectives on what happened. If someone else saw the accident and can corroborate that you had the right of way, this can be robust evidence in court or settlement negotiations. Our attorneys will:
- Interview witnesses who were at the scene
- Obtain signed statements from them detailing their account of the accident
- Arrange for witnesses to testify, if necessary, to support your claim
Eyewitnesses can describe whether you were following traffic laws and whether the other driver failed to yield or engaged in reckless behavior before the accident.
Traffic Camera Footage or Surveillance Videos
Traffic camera footage or video recordings from nearby businesses, homes, or security systems can provide clear visual evidence of the accident. These recordings may show the other driver failing to yield, running a stop sign, making an illegal left turn, or other traffic violations. Our California motorcycle crash attorneys will:
- Locate and request footage from traffic cameras or nearby surveillance systems
- Work with local authorities or private entities to ensure that the footage is preserved
- Analyze the footage to demonstrate the sequence of events leading up to the collision
This type of evidence can be particularly persuasive in proving that you had the right of way when the negligent driver caused the accident.
Dash Cam Footage
If you or another driver involved in the accident had a dash cam installed, this footage can be valuable. Dash cam recordings provide real-time, indisputable evidence of what occurred before, during, and after the accident. Dash cams may capture critical information such as:
- The position of the vehicles
- The movement of traffic
- Traffic signals, signs, and road conditions
If available, our California motorbike accident lawyers will review any dash cam footage to help demonstrate that you had the right of way and that the negligent driver violated traffic laws.
Black Box Data (Event Data Recorder)
Many modern vehicles, as well as commercial trucks, are equipped with event data recorders (EDRs), commonly known as “black boxes.” These devices capture valuable data in the moments leading up to and during a crash. If the negligent driver’s vehicle had an EDR, our attorneys can request this data to gather crucial information such as:
- Vehicle speed before the crash
- Brake application or lack thereof
- Throttle position (whether the driver was accelerating)
- Steering input (how the vehicle was controlled)
This data can provide insight into whether the negligent driver was speeding, failing to brake, or making a sudden, unlawful maneuver, such as failing to yield. Black box data is highly reliable and can serve as objective evidence to strengthen your case.
Cell Phone Records
In cases where distracted driving may have been a factor, cell phone records can serve as compelling evidence. If the negligent driver was on their phone at the time of the accident—texting, talking, or using apps—they may have been distracted and failed to yield the right of way. Our legal team will take the following steps:
- Subpoena the negligent driver’s cell phone records to determine whether they were using their device around the time of the crash.
- Investigate social media activity to see if the driver was posting or interacting online when the accident occurred.
By showing that the driver was distracted by their phone, we can prove that their inattention directly contributed to their failure to yield, further solidifying your case.
Expert Testimony (Accident Reconstruction)
In cases where liability is heavily disputed, we may bring in accident reconstruction experts to analyze the evidence and recreate the events leading up to the collision. These experts can examine:
- Vehicle damage
- The positioning of the vehicles post-collision
- Road conditions
- Traffic patterns
By reconstructing the accident, experts can provide a scientific, unbiased opinion on how the collision occurred and who was at fault. Their analysis can be invaluable in demonstrating that you had the right of way and the other driver failed to yield, causing your injuries.
Medical Records
Your medical records will play an essential role in linking the accident to your injuries and demonstrating the severity of those injuries. We will work to obtain detailed documentation from your healthcare providers, including:
- Emergency room records
- Diagnostic tests (such as X-rays, MRIs, etc.)
- Treatment plans
- Statements from your physicians regarding the cause of your injuries
These records help establish the extent of your injuries, proving that they were a direct result of the accident caused by the negligent driver’s failure to yield the right of way.
Traffic Laws and Statutes
Our attorneys will use California traffic laws and statutes to support further your claim that you had the right of way. In particular, we will reference:
- California Vehicle Code § 21801: Governs left-turn situations and states that drivers making a left turn must yield the right of way to oncoming vehicles, including motorcycles.
- California Vehicle Code § 21804: Requires drivers entering a roadway to yield to oncoming traffic already on the road, including motorcyclists.
- California Vehicle Code § 21950: Requires drivers to yield to pedestrians in crosswalks but also outlines the duties of pedestrians to use crosswalks safely, which can impact a motorcycle’s path.
By highlighting the relevant laws that the other driver violated, we can bolster your claim and demonstrate that the driver’s failure to yield caused your injuries.
Choose Our Seasoned California Motorcycle Accident Lawyers to Seek Maximum Damages
If you or a loved one has been injured in a motorcycle accident, it is time to get the experienced attorneys at Brown & Gessell on your side. With over 50 years of combined personal injury experience, top-rated California motorcycle accident attorneys Steven Brown and Douglas Gessell have successfully represented injured victims throughout California. From the start of your case to its resolution, our attorneys will be by your side, handling every detail and fighting for your rights.
At Brown & Gessell, we bring the perfect balance of large-firm experience and small-firm attention to each case we take on. When you choose us, you get direct access to the attorneys who will manage every aspect of your case, ensuring that you receive the personalized, aggressive representation you need to recover maximum compensation. Insurance companies know we won’t back down from a fight. To schedule your free consultation, call us at (209) 583-3938 or contact us online.