What Evidence Should You Preserve After a Motorcycle Accident in California?
- Tom Feher, Esq.
From Tom Feher, Esq. “Motorcycle cases are won or lost on evidence gathered in the first two weeks. Juries and adjusters start with a bias against riders, and the only thing that beats bias is proof: the photos, the gear, the footage, the data. Save everything, repair nothing, and let us fight about what it means later.”
Short answer: preserve the scene (photos and video of vehicles, skid marks, debris, and sight lines), the other driver’s license and insurance details, the names and numbers of every witness, the police report number, your helmet and riding gear exactly as they came off you, the motorcycle itself unrepaired, all medical records from day one, and any camera or phone data before it is overwritten. California gives you two years to file suit, but the evidence that decides your case can disappear in days.
Key Takeaways
- Exchange and photograph at the scene: every driver must share license, address, and insurance details under Vehicle Code 16025. Photograph the documents rather than copying numbers.
- The 24-hour report: any injury crash must be reported in writing to the CHP or local police within 24 hours under Vehicle Code 20008.
- Repair nothing yet: your motorcycle, helmet, and gear are physical evidence. Do not fix, clean, or discard them before they are photographed and inspected.
- Cameras overwrite fast: most business and doorbell systems erase footage in 7 to 30 days. A preservation letter has to go out before that clock runs.
- Two deadlines, not one: two years to file under CCP 335.1, but only six months to present a claim against a government entity under Government Code 911.2.
Free Case Evaluation – No Fee Unless You Win
If you are sorting out what to save and what the insurer is entitled to after a motorcycle crash, Feher Law can walk through it with you in a free consultation. Call (310) 340-1112 – You pay nothing unless we win.
| Evidence | Why It Matters | Act Within |
|---|---|---|
| Scene photos and video | Vehicle positions, skid marks, and sight lines cannot be recreated once the road is cleared | At the scene, before vehicles move |
| Other driver’s license and insurance | The information exchange the law requires at the scene | At the scene |
| Police report | Officer diagram, party statements, and witness names become the spine of the claim | Report the crash within 24 hours; request the report number before leaving |
| Helmet and riding gear | Proves helmet compliance and corroborates impact forces; rebuts the “reckless rider” bias | Preserve unaltered until inspected |
| The motorcycle | Crush damage and component failure tell the reconstruction story | Do not authorize repairs or salvage |
| Camera and dashcam footage | Independent proof of fault that no witness can match | 7 to 30 days before most systems overwrite |
| Medical records from day one | A gap in treatment gets argued as a gap in injury | Start care immediately, keep every record |
| Witness names and numbers | Witnesses move and memories fade; the report may miss some | At the scene |
The First 48 Hours: Scene Information and the Police Report
California law scripts the first evidence exchange for you. Vehicle Code 16025 requires every driver involved in a crash to exchange name, current address, driver’s license number, vehicle identification, and insurance information at the scene. Do not copy numbers by hand: photograph the license, the insurance card, and the registration, then photograph the vehicles where they stopped, the skid marks and gouges, the debris field, and the sight lines from each driver’s position. In Los Angeles County the responding agency may be the LAPD, the Sheriff’s Department, or the CHP depending on where the crash happened, so ask the officer for the agency name and the report number before you leave.
If anyone was hurt, Vehicle Code 20008 requires a written report of the accident to the CHP or the local police department within 24 hours. The traffic collision report built from it, with its diagram, party statements, and witness list, is the document every adjuster reads first. Get witness phone numbers yourself at the scene; officers sometimes miss bystanders who saw the most.
Your Bike, Helmet, and Gear Are Evidence - Do Not Repair or Replace Them Yet
The motorcycle is often the best accident reconstructionist in the case. Crush depth, scrape patterns, and component failures tell an expert how fast the impact was and from what angle. Do not authorize repairs, and do not let an insurer move the bike to salvage before your lawyer has had it photographed and inspected. The same goes for your helmet and gear: a compliant helmet that did its job under Vehicle Code 27803, California’s universal helmet law, answers the “reckless rider” narrative before it starts, and torn leathers corroborate slide distance and impact forces.
Fault percentages are where insurers attack riders. California follows pure comparative negligence, and under Civil Code 1431.2 each defendant pays noneconomic damages like pain and suffering only in proportion to its share of fault, so every point of blame pushed onto you shrinks that recovery. If you were lane splitting, know that Vehicle Code 21658.1 expressly defines and permits it: splitting alone is not negligence. Preserve the context that shows yours was reasonable, including traffic speed, congestion, and lane position.
Talk to a California Personal Injury Attorney
Feher Law has recovered over $170 million for clients across Southern California. Call (310) 340-1112 – Free, no-obligation case review.
Digital Evidence: Phones, Cameras, and the Preservation Letter
The strongest proof often lives on devices you do not control: the other driver’s cell phone records, a nearby business’s security camera, a doorbell camera, a passing car’s dashcam, or the other vehicle’s event data recorder. Most commercial camera systems overwrite themselves in 7 to 30 days, and phone carriers do not hold records forever. An attorney’s preservation letter, sent in the first days, puts the driver, the insurer, and the camera owners on legal notice not to destroy that evidence, and makes destruction itself an issue in the case.
Your own phone matters too. Timestamped photos, health app data, and ride apps can establish your speed and route. Start medical care immediately and keep every record, because a gap in treatment will be argued as a gap in injury. A short daily note about pain levels and what you could not do that day becomes powerful, contemporaneous proof months later when memories are challenged.
When the Driver Is Uninsured or a Government Entity Is Involved
A significant share of California drivers carry no insurance at all, and motorcycle injuries routinely exceed the minimum limits of those who do. That is where your own uninsured and underinsured motorist coverage under Insurance Code 11580.2 steps in. The evidence you preserved still decides everything, because in a UM claim your own insurer becomes the adversary evaluating fault and damages. If the other driver was drinking, ask that responding officers document impairment; punitive damages under Civil Code 3294 require proof of malice or despicable conduct, and the bar receipts, tow records, and blood results are where that proof lives.
If a public entity is in the picture, a dangerous road condition, a Metro bus, a city vehicle, the timeline changes completely: you must present a written claim to the entity within six months under Government Code 911.2 before any lawsuit. Photograph road defects immediately. Agencies repair and repave, and the pothole that caused the crash can be gone in a week.
The Deadlines That Control Every Piece of Evidence
The lawsuit deadline is two years from the crash under Code of Civil Procedure 335.1, but treating that as your planning horizon is the classic mistake. Evidence dies on its own schedule: cameras overwrite in weeks, witnesses move, the bike gets salvaged, the road gets repaved. The legal deadline tells you when the courthouse closes; the evidence deadlines above tell you when your case is actually decided.
Once the record is preserved, you can start putting numbers on the claim. Our motorcycle accident settlement calculator gives a first estimate based on your injuries and treatment, and if you are facing surgeries or permanent limitations, our guide to catastrophic injury settlements in California explains how lifetime damages are valued.
You Pay Nothing Unless We Win
Our California personal injury attorneys work on contingency – no upfront fees, and the fee terms are in writing before we start. Call (310) 340-1112 – Free, confidential case review.
What to Expect When You Work With Feher Law
- Free Case Evaluation: You speak with our team, we review the crash or incident facts, your treatment, and any offers on the table, and we give you a straight read on the claim’s value. No fee, no obligation.
- Case Investigation: We gather and preserve the evidence that drives gross value: the bike and gear, scene photos, camera footage before it overwrites, the police report, medical records, and where needed, accident reconstruction and medical experts. We also start a running ledger of every lien against your recovery.
- Demand and Filing: We present a documented demand to the insurer, and if they will not pay full value we file suit within the two-year deadline under CCP 335.1 so you never lose leverage to the calendar.
- Negotiation and Lien Reduction: While we push the gross number up through discovery and mediation, we simultaneously negotiate every hospital, provider, and government lien down. Both moves raise your net.
- Resolution and Your Settlement Statement: Before anything is final you receive a line-item settlement statement showing the fee, each cost, each lien payoff, and your exact net. Our fee comes only out of the recovery – you pay nothing unless we win.
Why California Motorcycle Riders Choose Feher Law
Thomas Feher, Esq. has taken more than 50 jury trials to verdict, and that trial record is what moves settlement math, because insurers pay real value to firms they know will pick a jury. The results are public: a $20.7 million brain injury verdict against a hotel defendant in July 2026, a $14.6 million verdict in Simone v. Estate of Bruce Jameson for a catastrophic spine injury, an $8.5 million recovery for a T-boned worker, and more than $170 million recovered for California clients overall. Feher Law also treats the back end of the case, lien negotiation and the settlement statement, as part of the representation, not an afterthought, because the firm’s job is your net recovery, not just the headline number. From offices in Torrance and Huntington Beach, the firm serves clients throughout Los Angeles County, Orange County, San Bernardino County, and Riverside County, in English and Spanish. Every case is handled on contingency – you pay nothing unless Feher Law wins for you.
Frequently Asked Questions
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Last reviewed by Thomas Feher, Esq. – September 2026
