What to Do After a Motorcycle Accident

Get to safety, call 911 and get checked by a doctor, then report the crash and keep your bike, helmet and gear untouched. You generally have two years to sue in California (CCP 335.1) and Texas (CPRC 16.003), and three years in Washington (RCW 4.16.080). Claims against a city or state can have a six-month deadline.

What should I do right after a motorcycle crash?

If you can move, get off the travel lanes and away from leaking fuel. Adrenaline hides pain, so let paramedics check you, and keep your helmet on if your neck or back hurts.

The driver who hit you has legal duties at the scene. When someone is hurt, that driver must stop, share a name, address, plate or registration number and help get the injured person to medical care. California sets these duties in Vehicle Code 20001 and 20003. In Texas the driver must also give the name of the liability insurer (Transp. Code 550.021 and 550.023), and in Washington the insurance company and policy number (RCW 46.52.020).

If you are able, use your phone before the scene is cleared:

• Photograph the car, its plate, the driver’s license and the insurance card.
• Photograph the bike’s final position, gouges in the pavement, skid marks, gravel and the lane the car came from.
• Get witnesses’ phone numbers and look for nearby cameras.

Do I have to report a motorcycle accident?

Ask the officer for the report number before you leave. Written reports follow state rules:

• California: any driver of a motor vehicle in a crash with an injury, a death or more than $1,000 in property damage generally must file an SR-1 with the DMV within 10 days (Vehicle Code 16000). A motorcycle is a motor vehicle, so this applies to you as a rider. The DMV says the SR-1 is required in addition to any police or insurance report, and an insurance agent or lawyer can file it for you (DMV).
• Texas: after an injury crash, the driver must notify the police or sheriff right away (Transp. Code 550.026). An officer who investigates files the report with TxDOT within 10 days (550.062), and people involved can buy the CR-3 report online for $6 plus a small surcharge (TxDOT).
• Washington: a driver in an injury crash must send a written report to the police or sheriff within four days, unless an officer already filed one (RCW 46.52.030).

How do I document my injuries and protect the evidence?

See a doctor within a day or two, even if the emergency room sent you home. Road rash, wrist and ankle fractures and head injuries can look small on day one and get worse. Tell each provider exactly how the crash happened and every place that hurts, because the medical chart becomes the record the insurer reads.

Photograph road rash every few days as it heals, keep a short daily pain note and save every bill.

Your motorcycle and gear are evidence of where the impact came from and how hard. Do not repair or sell the bike until it has been photographed and inspected, and bag the helmet and riding clothes unwashed.

California requires every rider and passenger to wear a fastened, compliant helmet (Vehicle Code 27803). Without one, the claim usually goes on, though the insurer may argue the head injury would have been milder. The helmet rules for Texas and Washington are on our motorcycle accident lawyer page.

Does my own insurance cover me on a motorcycle?

The other driver’s liability policy comes first, but limits are often low. Your own uninsured and underinsured motorist coverage (UM/UIM) is where motorcycle rules differ most:

• California: the statute counts a relative in your household as insured “while occupants of a motor vehicle or otherwise,” but lets the policy exclude injuries while occupying a vehicle you own that is not insured under that policy (Ins. Code 11580.2). In practice, the UM coverage that pays on a motorcycle is usually the one on the motorcycle policy. You must sue, settle or demand arbitration within two years of the accident. Riding without required insurance can also bar your pain and suffering damages (Civil Code 3333.4).
• Texas: UM/UIM and personal injury protection (PIP) must be included in an auto policy unless a named insured rejects them in writing (Ins. Code 1952.101 and 1952.152). PIP pays regardless of fault, and the statute does not require more than $2,500 per person. The chapter has no motorcycle exception; ask for the declarations page and any signed rejection.
• Washington: UIM must be offered on auto policies, “except while operating or occupying a motorcycle or motor-driven cycle” (RCW 48.22.030). The PIP offer rule (RCW 48.22.095) applies to “automobiles,” defined by reference to passenger cars (RCW 48.22.005), and a passenger car excludes motorcycles (RCW 46.04.382). The motorcycle policy decides.

See how much you can get from an uninsured motorist claim.

Will lane splitting or shared fault hurt my claim?

Lane splitting is legal in California. Vehicle Code 21658.1 defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The CHP warns that the risk grows with speed and with the speed difference from traffic, and says a driver who intentionally blocks a rider or opens a door to impede one breaks the law (CHP). Washington forbids riding between lanes or rows of vehicles and gives every motorcycle full use of a lane (RCW 46.61.608).

If the insurer blames you, your share of fault usually reduces the claim instead of ending it. California limits recovery to the extent a person brought the injury on themselves (Civil Code 1714). Texas bars recovery only above 50 percent and otherwise reduces damages by your percentage (CPRC 33.001 and 33.012). Washington reduces the award but never bars it (RCW 4.22.005).

Example only: with $80,000 in damages and 25 percent fault, a rider would recover $60,000 in any of the three states. The real facts decide the percentage.

What deadlines apply if a government road or vehicle was involved?

Gravel left by a road crew, a missing sign or a city bus can put a public entity in the claim. California requires a written claim within six months (Gov. Code 911.2). Texas entitles the government to notice within six months, and a city charter can set its own period (CPRC 101.101). Washington requires a standard tort claim form and a 60-day wait before suing a local government (RCW 4.96.020).

What to do now

1. Follow up with a doctor and keep every appointment.
2. Request the police report and, in California, confirm the SR-1 was filed within 10 days.
3. Store the motorcycle, helmet and gear without repairing or cleaning them.
4. Ask your insurer for the full motorcycle policy and every other auto policy in your household.
5. Write down what happened, including speeds, lanes and what the driver said.
6. Decline a recorded statement to the other insurer until you get advice.
7. If public property or a public vehicle was involved, mark the six-month date.

Talk to us

If you were hurt on a motorcycle, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Motorcycle accident lawyer · Is lane splitting legal in Washington? · How long do I have to report a car accident? · How much can I get from an uninsured motorist claim? · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.