Bakersfield Motorcycle Accident Lawyer

Motorcycle Crashes on Bakersfield Streets

The California Office of Traffic Safety publishes crash rankings for every city, built from collision reports. For 2023, its Bakersfield page lists 103 people killed or injured in motorcycle crashes and 2,073 people killed or injured in all crashes. Bakersfield is compared with other California cities of more than 250,000 residents, and it ranked 9th of 15 in that group for motorcycle victims, where 1st marks the highest crash burden. OTS notes that its city figures leave out crashes the CHP reports on roads where it shares jurisdiction, so the true number of riders hurt in and around Bakersfield is higher.

Those figures describe a pattern, not your crash. What decides a claim is the evidence from the intersection or the stretch of highway where it happened: skid marks, vehicle damage, the position of the bike, witness accounts and any video from nearby businesses or the other driver’s dash camera.

Riding Next to Heavy Trucks on the 99 and the 58

Caltrans counts traffic on every state highway, and its 2024 truck traffic table shows why Bakersfield riders see so many big rigs. Where the 99 meets the 58 and the 178, the table lists about 110,000 to 135,000 vehicles a day, depending on the side of the interchange, and roughly 17,000 to 18,000 of them are trucks. On the 99 at Ming Avenue the total is about 114,000 vehicles a day, with roughly 10,000 trucks, and about six in ten of those are five-axle rigs. On the 58 at Real Road, about 22 percent of the traffic is trucks. Caltrans last estimated or checked the truck shares in these rows in different years, from 2012 to 2020, so the truck counts are approximate.

A truck driver has large blind spots along both sides of the trailer, and a motorcycle can sit inside one for several seconds. When a truck changes lanes into a rider, the claim usually runs against the driver and the trucking company together, and federal trucking rules on driver logs and vehicle inspections come into play. That makes the first weeks important, because the carrier’s electronic records and camera footage are easier to secure before they are overwritten.

Which Agency Wrote the Report

Inside city limits, the Bakersfield Police Department usually takes the report. The department says traffic reports are normally ready in five to seven business days, sometimes up to ten, and that injury and fatal collision investigations may take several days to weeks to complete. Accident reports cost a flat $7, and they can be requested online, in person at police headquarters on Truxtun Avenue, or by mail. The traffic report request line is (661) 326-3883.

Outside the city, and on the freeways, the California Highway Patrol’s Bakersfield Area office is responsible. That office covers State Route 99, State Route 58 and the unincorporated communities around the city, including Rosedale, Oildale and Lamont. A CHP report can be requested with form CHP 190 by any involved driver, passenger or vehicle owner.

Kern Medical and the Medical Record

Kern Medical in Bakersfield is a state-designated Level II trauma center, and its trauma center opened in 2001.

The medical record does a lot of work in a motorcycle case. Road rash, broken wrists and collarbones, knee and ankle injuries and head injuries each need their own documentation, and the photographs taken in the first days often show damage that has healed by the time an adjuster looks at the claim. Expect the other driver’s insurer to call quickly and ask for a recorded statement. You do not have to give one to the other side’s carrier, and it is usually wiser to wait until you know the full extent of your injuries. Keep your gear too. A scuffed helmet, torn jacket or damaged boots can show where and how hard you hit the pavement.

California Rules That Come Up in Rider Claims

Lane splitting. Vehicle Code section 21658.1 defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and it allows the CHP to publish safety guidelines. The statute does not make a rider automatically at fault for splitting lanes. Insurers still argue that the rider’s speed or position caused the crash, so the facts of the specific lane change matter.

Helmets. Vehicle Code section 27803 requires every rider and passenger to wear a fastened safety helmet that meets state standards. If no helmet was worn, an insurer may argue it made a head injury worse. That argument has much less to do with a broken leg or a shoulder injury.

Registration and insurance. Civil Code section 3333.4 bars an injured person from recovering non-economic damages, such as pain and suffering, if the injured person owned an involved vehicle that was not insured as state law requires. Medical bills and lost wages are not covered by that bar.

Uninsured drivers. Insurance Code section 11580.2 requires a California auto liability policy to include uninsured motorist coverage unless the named insured deleted it or lowered it by a written agreement with the insurer. If the driver who hit you had no insurance, or left the scene, the uninsured motorist part of your own motorcycle policy may be the main source of payment. The declarations page of the policy shows whether that coverage is there and in what amount, and these claims often go to arbitration rather than court.

Shared fault. Since Li v. Yellow Cab Co. in 1975, California has used pure comparative negligence. A rider who was partly at fault can still recover, reduced by his or her share of the blame.

Where a Bakersfield Motorcycle Case Is Filed

If the claim becomes a lawsuit, it goes to the Superior Court of California, County of Kern. The court’s local rules assign unlimited civil cases, meaning claims for more than $35,000, to the Metropolitan Division in downtown Bakersfield. The court’s civil page lists the Metro Justice Building at 1215 Truxtun Avenue as its Bakersfield civil location and tells filers to bring complaints seeking more than $35,000 there. The Metropolitan Division is at 1415 Truxtun Avenue, which also houses the law library. Both buildings belong to the Kern County court, so a Bakersfield case stays in Bakersfield.

Filing Deadlines

A personal injury lawsuit in California generally has to be filed within two years of the injury under Code of Civil Procedure section 335.1. When a public agency is involved, such as a county road crew, a city vehicle or a road defect, a written government claim usually has to be presented within six months under Government Code section 911.2, before any lawsuit is allowed.

Speak With Saeedian Law Group

Our Beverly Hills Office and Bakersfield Riders

Saeedian Law Group does not have an office in Bakersfield. Kern County riders work with our Beverly Hills headquarters at 9100 Wilshire Blvd., Suite 500W, Beverly Hills, CA 90212, about 97 miles away in a straight line. Most Bakersfield clients meet us by phone or video. In-person meetings are by appointment at (310) 288-3000.

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Frequently Asked Questions

Who takes the report after a motorcycle crash in Bakersfield?

It depends on where the crash happened. On city streets, the Bakersfield Police Department usually responds and writes the report; the department says reports are usually ready in five to seven business days and cost $7. On State Route 99, State Route 58 and in unincorporated areas such as Rosedale or Oildale, the California Highway Patrol’s Bakersfield Area office handles it, and you can request the report with form CHP 190. The report number on the card the officer gave you shows which agency to contact.

Can I still recover if I was lane splitting when I was hit?

Lane splitting does not end a claim by itself. Vehicle Code section 21658.1 defines lane splitting and lets the CHP publish safety guidelines, and no statute treats a lane-splitting rider as automatically at fault. The question is what actually caused the crash: a driver who changed lanes without signaling or checking a mirror may carry most or all of the fault even if the rider was between lanes. Under California’s pure comparative negligence rule, any share of fault assigned to the rider reduces the recovery but does not bar it.

Does not wearing a helmet ruin my case?

Riding without a helmet does not erase the claim. Vehicle Code section 27803 requires a fastened, compliant helmet, and riding without one is a violation, but a driver who caused the crash is still responsible for it. An insurer may argue that the lack of a helmet made a head injury worse, and that argument depends on medical evidence about what a helmet would have changed. For injuries a helmet would not have prevented, such as a fractured leg or road rash, the argument usually carries little weight.

My motorcycle registration or insurance had lapsed. Can I still bring a claim?

You can bring a claim, but the type of damages may be limited. Civil Code section 3333.4 says an injured person who owned a vehicle involved in the crash that was not insured as required by California law cannot recover non-economic damages such as pain and suffering. The statute does not bar economic damages, such as medical bills and lost wages. There is an exception when the at-fault driver was convicted of driving under the influence for that crash. Proof of coverage on the date of the crash is gathered early.

Where is a motorcycle injury lawsuit from Bakersfield filed?

Unlimited civil cases in Kern County, meaning claims for more than $35,000, are assigned to the Superior Court’s Metropolitan Division in downtown Bakersfield under the court’s local rules. The court’s civil page tells filers to take a complaint seeking more than $35,000 to the Metropolitan Justice Building at 1215 Truxtun Avenue, and the Metropolitan Division is at 1415 Truxtun Avenue. The confirmed filing location is checked against the court’s local rules before anything is filed. Kern Local Rule 1.7.5(b) sets that venue for unlimited civil cases.

How long do I have to file a motorcycle claim in Kern County?

For claims against private parties, such as another driver or a trucking company, Code of Civil Procedure section 335.1 generally allows two years from the date of injury. If a public entity may be responsible, for example a county road with a dangerous pothole or a city vehicle, Government Code section 911.2 requires a written claim within six months. Waiting until the end of either period makes it harder to find witnesses and video, so it is better to act early.

What should I keep from the crash?

Keep the helmet, jacket, gloves and boots you were wearing, unwashed and unrepaired, along with photos of the bike before it is fixed or salvaged. Save the tow and storage receipts, every medical bill and record, and the names of witnesses. If the crash happened near a business, ask early whether it has a camera facing the street, because many systems record over old footage. Write down what you remember while it is fresh, including the other driver’s statements at the scene.

Will the MedPay on my motorcycle policy pay my Kern Medical bills if the other driver caused the crash?

It may, if your policy includes it. The California Department of Insurance explains that medical payments coverage pays medical expenses for you and your passengers no matter who was at fault, and that you can choose not to buy it. So check the declarations page of your motorcycle policy rather than assuming it is there. Many riders carry low limits. Even so, MedPay can cover an ambulance ride or the first visits at Kern Medical while the claim against the at-fault driver is still open. Your own insurer may later ask to be repaid from any recovery against the other driver. Whether it can, and how much, depends on the wording of your policy.

A car turned left in front of my motorcycle at a Bakersfield intersection. Is the driver automatically at fault?

Not automatically, but the law starts on your side. Vehicle Code section 21801 says a driver turning left must yield to oncoming vehicles close enough to be a hazard at any time during the turn, and keep yielding until the turn can be made safely. Left-turn crashes at busy Bakersfield intersections often come down to a driver who says the rider “came out of nowhere.” That claim usually turns on sight lines, your speed and whether your headlight was on. Signal timing, damage to the front of the bike and video from a nearby business or a traffic camera can answer it. A rider who was speeding may share some fault under comparative negligence. That reduces the recovery but does not end it.

I was the passenger on someone else’s motorcycle. Can I make a claim in Kern County?

Yes. A passenger can claim against the driver of the car that caused the crash, and also against the rider’s own liability coverage if the rider was partly to blame. Vehicle Code section 27800 requires a passenger to sit on a fastened seat behind the rider with footrests, and section 27803 requires the passenger to wear a helmet too. Expect an insurer to ask about both. The Civil Code section 3333.4 limit on pain and suffering applies to an uninsured owner or an operator without proof of financial responsibility. A passenger who neither owned nor rode the bike is generally outside that rule, even if the rider’s insurance had lapsed. Get the rider’s policy information at the scene or soon after, because a passenger often needs both policies.

A pothole or loose gravel caused my motorcycle crash near Bakersfield. Who do I file the claim with?

That depends on who owns the road, and the answer is not always obvious from the map. City streets inside Bakersfield belong to the city, and its claim form goes to the City Clerk at City Hall, 1600 Truxtun Avenue. Roads in unincorporated areas such as Lamont or Rosedale are usually county roads, so the claim goes to the County of Kern. Under Government Code section 915, a claim against a local agency is delivered to its clerk, secretary or auditor. The 99, the 58 and the 178 are state highways run by Caltrans. A claim against the state is presented to the Department of General Services under Government Code section 915. To win, Government Code section 835 generally requires proof that the condition was dangerous and that the agency created it or had notice of it in time to fix it. Photograph the hazard before it is patched.

What does the CHP actually say about lane splitting, and can an insurer use it against me?

Vehicle Code section 21658.1 lets the CHP develop educational guidelines on lane splitting. Any CHP safety tips are guidance, not law. Big rigs are part of everyday traffic on the 99 through Bakersfield, and an adjuster may still argue that a rider who split beside a truck at high speed shares the blame. The answer depends on what the other driver did. A truck that drifts across a lane line without signaling is still at fault for that move.

About the Author

Michael Saeedian, Esq., Founding Attorney, Saeedian Law Group (California State Bar #265470). Michael founded Saeedian Law Group in 2009 and has spent more than 16 years representing injured Californians and their families in personal injury and wrongful death matters, including motorcycle crashes across the state.

Legal disclaimer: This page provides general information about California motorcycle accident law and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this page does not create an attorney-client relationship with Saeedian Law Group. For advice specific to your situation, contact our office at (310) 288-3000 or schedule a free consultation.