What Percentage of Motorcycle Accidents Are the Rider's Fault?

No official source publishes a single percentage of motorcycle accidents that are the rider’s fault, and fault in your claim is decided from the evidence in your crash. Federal data does show how often other drivers are involved: in 2024, the other vehicle was turning left in 45 percent of fatal two-vehicle motorcycle crashes (NHTSA). The deadline to sue is generally two years in California (CCP 335.1).

Is there an official percentage of motorcycle crashes caused by riders?

No. The national crash database behind NHTSA’s reports records facts about each fatal crash, such as who was turning, who was speeding and who had been drinking. It does not decide legal fault. When an adjuster or a website quotes a figure like “most motorcycle crashes are the rider’s fault,” ask where it comes from and what it counts. Most numbers in circulation measure something narrower: deaths only, single-vehicle crashes only, or one risk factor in isolation.

What do the federal crash numbers actually show?

These figures come from NHTSA’s fact sheet on 2024 fatal crashes, the latest year published (NHTSA, DOT HS 813 824), and from IIHS (IIHS-HLDI). Each one measures something specific.

Read these carefully. A left-turn crash points toward the turning driver, since California, Texas and Washington all require a left-turning driver to yield to oncoming traffic, but it does not prove fault by itself. A rider who was speeding or impaired was not necessarily the cause either. The numbers describe who died and what was present, not who was legally responsible.

What did the federal crash causation study find?

The Federal Highway Administration’s Motorcycle Crash Causation Study investigated 351 injury crashes in Orange County, California: 269 involved another vehicle and 82 involved the motorcycle alone (FHWA-HRT-18-064). Investigators named the primary factor in each crash. The five most common were other-driver perception failure (30 percent), other-driver decision failure (17 percent), rider decision failure (14 percent), rider reaction failure (12 percent) and rider perception failure (11 percent) (final report, PDF). In the report’s other-vehicle data, 37 percent of crashes involved left-turning vehicles.

This is one county and a few hundred crashes, coded by researchers rather than decided by a court. NHTSA’s own rider guidance states that “the majority of multi-vehicle motorcycle crashes generally are caused when other drivers simply didn’t see the motorcyclist” (NHTSA). Neither source sets a percentage of fault for your case.

What do California, Texas and Washington records show?

• California: 583 motorcyclists died in 2023, down from 649 in 2022 (Office of Traffic Safety). In CHP jurisdiction, provisional data for federal fiscal year 2022-23 showed more than 7,000 motorcycle-involved crashes, 336 deaths and more than 6,300 injuries. The CHP named speed, improper turns and impairment as the causes it targets, without percentages (CHP).
• Texas: TxDOT reports 557 riders killed and 2,468 seriously injured in 2025. It also says, without giving a year, that 37 percent of motorcycle deaths happen at a roadway intersection, and it tells drivers to let the motorcycle pass rather than turn in front of it (TxDOT).
• Washington: 113 motorcyclists died in 2024 and 104 in 2025 (preliminary), after 142 in 2023. The state names rider impairment and speeding as the most common behavioral risk factors in fatal crashes (WTSC).

None of these agencies publishes a share of crashes caused by riders.

How is fault decided in a motorcycle injury claim?

Fault turns on your crash: the police report, photos, video, witnesses, damage to both vehicles and the rules of the road. Right-of-way rules matter most in the common left-turn crash (Cal. Vehicle Code 21801; Tex. Transp. Code 545.152; RCW 46.61.185).

If the rider shares some blame, each state handles it differently:

• California: the defense must prove the rider was negligent and that the negligence was a substantial factor in the harm. Damages are then reduced by the rider’s percentage (CACI 405).
• Texas: a rider more than 50 percent responsible recovers nothing; a smaller share reduces the award (CPRC 33.001 and 33.012).
• Washington: the rider’s share reduces the award but never bars it (RCW 4.22.005).

Example only: with $200,000 in damages and the rider found 20 percent at fault, the rider keeps $160,000 in all three states. At 60 percent, a California or Washington rider keeps $80,000 and a Texas rider recovers nothing. Real results depend on the evidence.

Riders often face an assumption that they were speeding or weaving. The statistics above do not support that assumption for any single crash, and the defense still has to prove what your conduct caused.

Does lane splitting or riding without a helmet make it your fault?

Lane splitting. California defines lane splitting and lets the CHP write safety guidelines for it (Vehicle Code 21658.1). Doing it does not make you automatically at fault, though speed and traffic conditions will be examined. Washington prohibits riding between lanes or rows of vehicles (RCW 46.61.608), and Texas requires drivers to stay as nearly as practical within a single lane (Transp. Code 545.060), so the other side will raise it there.

Helmets. California requires every rider and passenger to wear one (Vehicle Code 27803), as does Washington (RCW 46.37.530). Texas excuses riders 21 or older who completed a safety course or have health insurance covering crash injuries (Transp. Code 661.003). A missing helmet does not cause a crash. Insurers argue it made head injuries worse, and Washington counts an unreasonable failure to avoid injury as fault (RCW 4.22.015). That argument can reduce damages for head injuries; it says nothing about a broken leg.

What to do now

1. Get medical care and keep every record and bill.
2. Photograph the scene, both vehicles, your gear and your helmet.
3. Get the names of witnesses and ask nearby businesses to keep video.
4. Request the police report and check what it says about who was turning.
5. Do not give a recorded statement to the other driver’s insurer.
6. Keep the damaged helmet and gear; do not repair or throw them away.
7. Talk to a lawyer before you accept any fault finding or offer.

Talk to us

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

Common questions

Related pages

Personal Injury Questions · Motorcycle accident lawyer · California motorcycle accident lawyer · Who determines fault in a car accident? · Is lane splitting legal in Washington? · 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.