SANTA CRUZ MOTORCYCLE ACCIDENT ATTORNEY
Attorney Michael Rehm - (800) 978-0754
Motorcycle Accidents in Santa Cruz County
Attorney Michael Rehm represents motorcycle accident victims throughout Santa Cruz County. In 2023, Santa Cruz County recorded 108 motorcycle accident victims — ranking 12th worst among California's 58 counties, according to the California Office of Traffic Safety. Within the city of Santa Cruz, 11 motorcycle accident victims were recorded that year.
The geography explains part of the problem. Highway 1 along the coast, Highway 17 over the Santa Cruz Mountains, and Highway 9 through the San Lorenzo Valley are among the most traveled motorcycle routes in the region. Highway 17 in particular — a winding mountain corridor connecting Santa Cruz to San Jose — generates serious motorcycle crashes every year. Curves, elevation changes, and drivers unfamiliar with the road create predictable conditions for left-turn and failure-to-yield collisions, which are among the most common causes of motorcycle injuries statewide.
The Legal Basis for a Motorcycle Accident Claim
A motorcycle accident claim rests on the same legal foundation as any other vehicle accident. California Civil Code §1714 imposes a duty of ordinary care on every person operating a vehicle. A driver who fails to see a motorcycle, cuts one off, or turns left in front of an oncoming rider has breached that duty. The California Supreme Court confirmed in Rowland v. Christian (1968) 69 Cal.2d 108 that this duty of ordinary care is the default rule in California — no exception exists for accidents on a public road.
What changes in motorcycle cases is the severity of the consequences. A motorcyclist involved in a collision with a passenger vehicle absorbs the energy of that impact directly — there is no frame, no airbag, no crumple zone. Fractures, traumatic brain injuries, spinal cord damage, and road rash requiring surgical debridement are common outcomes in collisions that would produce minor injuries to a vehicle occupant. Civil Code §3333 provides that damages cover all detriment proximately caused, whether anticipated or not — in serious motorcycle cases this regularly includes extensive future medical costs and permanent lost earning capacity.
Lane Splitting
California expressly authorizes lane splitting. Vehicle Code §21658.1 permits a motorcycle to be driven between rows of stopped or moving vehicles in the same lane. A rider lawfully lane splitting who is struck by a vehicle that abruptly changes lanes has a valid claim. The fact that the rider was splitting lanes does not establish contributory negligence — the defense must demonstrate specific unsafe conduct by the rider, not simply invoke the fact of lane splitting.
The Bias Defense
Insurance companies routinely attempt to minimize motorcycle claims by suggesting that riders are inherently reckless. This argument is not supported by data. The majority of motorcycle accidents in California are caused by other drivers failing to yield, failing to check mirrors, or failing to see the motorcycle — not by rider error. Establishing these facts early through the police report, witness statements, and where available, surveillance or dashcam footage, is a critical part of building a motorcycle case.
Any contributory negligence on the part of the rider is a defense the defendant must raise and prove. Under California's pure comparative fault system, contributory negligence reduces the recovery proportionally — it does not bar the claim entirely. A rider found 20 percent at fault in a $500,000 case recovers $400,000.
Insurance Coverage in Motorcycle Cases
California Vehicle Code §16056(a)(2), as amended effective January 1, 2025, sets minimum liability coverage at $30,000 per person / $60,000 per accident. In serious motorcycle injury cases — spinal fractures, traumatic brain injury, prolonged hospitalization — these minimums are frequently exhausted well before the full extent of the injury is known.
When the at-fault driver's policy is insufficient, the injured rider's own underinsured motorist coverage under Insurance Code §11580.2 becomes critical. UM/UIM coverage applies to motorcycle riders just as it applies to vehicle occupants. Evaluating all available coverage — the at-fault driver's policy, the rider's own UM/UIM policy, and any umbrella policies — must happen early in the case. Certain UM/UIM policy provisions require notice within specific timeframes, and a failure to comply can affect the right to recover those benefits.
How Motorcycle Cases Proceed in Santa Cruz Superior Court
Motorcycle injury lawsuits are filed at the Santa Cruz County Courthouse, 701 Ocean Street, Santa Cruz. Under Local Rule 2.1.01, the first case management conference is set approximately 120 days after filing, at which the trial date is assigned. According to Judicial Council data for fiscal year 2022–23, Santa Cruz Superior Court reported zero personal injury jury trials. Cases resolve through settlement in the overwhelming majority of instances — but the insurer's willingness to settle fairly is directly tied to whether the opposing attorney is prepared to try the case.
The Statute of Limitations
Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines — including the discovery rule, minority, and mental incapacity — may extend the period depending on the facts. Whether any tolling doctrine applies requires individual analysis. Contact Attorney Michael Rehm to assess the timeline in your case.
Retain Attorney Michael Rehm
Attorney Michael Rehm handles motorcycle accident cases throughout Santa Cruz 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 only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.
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