What Should I Do After a Motorcycle Crash in Burbank?

By Alina Bagasian

A plain-English answer for Burbank residents — California motorcycle accidents law, your deadlines, and the steps to take after an injury.

If you just walked away from a motorcycle crash in Burbank — or you're sitting somewhere right now trying to make sense of what happened — take a breath. You're probably hurting, maybe shaken, and your mind is probably racing through a dozen different worries at once. Medical bills. Your bike. Whether you can work. What to do about the driver who hit you. That's a lot to carry, and it's okay if you don't have answers yet. Here's the most important thing to know right now: California law gives you real rights after a motorcycle accident, and you don't have to figure this out alone. The steps you take in the next few days can make a serious difference in what you're able to recover.

Your Rights After a Motorcycle Accident in Burbank

California is a pure comparative negligence state. That means even if you were partially at fault for the crash, you can still recover compensation — it just gets reduced by your percentage of fault. So if a driver ran a red light but you were going slightly over the speed limit, you can still have a valid claim. Don't let anyone tell you otherwise.

You have two years from the date of the accident to file a personal injury lawsuit in California (CCP §335.1). That might sound like a long time, but evidence disappears fast. Witness memories fade. Surveillance footage gets deleted. Skid marks wash away. The sooner you start building your case, the stronger it will be.

One important exception: if the crash involved a government entity — say, a city bus, a county vehicle, or a road defect the city failed to fix — you have only six months to file a government tort claim (Government Code §911.2). Missing that deadline usually means losing your right to sue altogether.

What to Do Right After the Crash

Get medical help, even if you feel okay

Adrenaline is powerful. A lot of riders feel okay at the scene and then wake up the next morning unable to move. Internal injuries, traumatic brain injuries, and soft tissue damage don't always show up right away. Go to the emergency room or an urgent care center the same day. Get checked out. This protects your health — and it creates a medical record that ties your injuries directly to the crash.

Call the police and get a report number

If law enforcement responds to the scene, a crash report will be filed. You can request a copy of that report using CHP Form CHP 555 if the California Highway Patrol responded, or through the Burbank Police Department if they were the responding agency. That report is one of the most important pieces of evidence in your case. It captures the other driver's information, witness statements, road conditions, and the officer's initial assessment of what happened.

Document everything you can

If you're physically able, take photos at the scene. Your bike, the other vehicle, the road, any skid marks, traffic signals, debris — photograph all of it. Get the other driver's name, license plate, insurance information, and phone number. If anyone witnessed the crash, ask for their contact information too. These details are much harder to track down later.

Don't give a recorded statement to the insurance company

The other driver's insurance company may call you quickly — sometimes within hours of the crash. They will ask you to give a recorded statement. You are not required to do this, and you should not. Adjusters are trained to ask questions that get you to say something that minimizes your claim. Politely tell them you'll be speaking with an attorney first. Then do exactly that.

File your SR-1 if required

California law requires you to report the accident to the DMV using form SR-1 within 10 days if anyone was injured, killed, or if property damage exceeds $1,000. This is separate from the police report. Your attorney can help you with this, but don't let the deadline slip.

What Compensation Can You Recover?

Motorcycle crash victims in California can pursue compensation in several categories. There are no guaranteed amounts — what you recover depends on the specific facts of your case. But here are the types of losses you may be able to claim:

  • Medical expenses — emergency treatment, surgery, hospitalization, physical therapy, future medical care
  • Lost income — wages you've already missed and future earning capacity if your injuries affect your ability to work
  • Pain and suffering — the physical pain and emotional distress caused by the crash and your recovery
  • Property damage — repair or replacement of your motorcycle and any gear damaged in the crash
  • Loss of enjoyment of life — if your injuries prevent you from doing activities that mattered to you
  • Wrongful death damages — if you lost a family member in the crash, California law allows surviving family members to pursue a separate claim (CCP §335.1 runs from the date of death)

The severity of your injuries, the clarity of liability, the other party's insurance limits, and whether a government entity shares fault all shape what your case is ultimately worth. An attorney can give you a real assessment once they know the facts.

Common Mistakes That Can Hurt Your Case

We see the same mistakes come up again and again, and they can seriously damage an otherwise strong claim.

Waiting too long to get medical care. A gap between the crash and your first doctor's visit gives insurance companies room to argue your injuries weren't caused by the accident. Go the same day. Go the next morning at the latest.

Posting about the accident on social media. Anything you post can be used against you. A photo of you smiling at a barbecue two weeks after the crash, even if you're still in pain, can be twisted to suggest you're not as hurt as you claim. Stay off social media while your case is active.

Accepting an early settlement offer. Insurance companies sometimes move fast with an offer because they know it's less than what you deserve. Once you sign a release, that's it — you can't go back for more, even if your injuries turn out to be more serious than you first thought. Talk to an attorney before signing anything.

Assuming you were too at fault to recover anything. California's pure comparative negligence rule means fault is shared. Even if you were splitting lanes or the other driver says you caused the crash, an attorney can evaluate the real picture.

Where Motorcycle Accidents Happen Most in Burbank

Editor note: Verified intersection crash data for Burbank has not been added to this draft yet. Add the intersection rows via CSV import or the intersection editor before publishing.

What to Do Next if You've Been Injured in Burbank

  1. Get medical attention immediately — your health comes first, and your medical records will be central to your case.
  2. Report the crash — contact the Burbank Police Department or CHP so a formal crash report is created.
  3. Request the crash report — use CHP Form CHP 555 if CHP responded, or contact the Burbank Police Department directly.
  4. File your DMV SR-1 form — required within 10 days if anyone was injured or property damage exceeds $1,000.
  5. Gather and preserve evidence — photos, witness contacts, your damaged gear, dashcam footage, anything relevant.
  6. Avoid speaking to the other driver's insurer — direct all communication through your attorney.
  7. Contact a personal injury attorney — most offer free consultations and work on contingency, meaning you pay nothing unless you win.
  8. Keep records of everything — every medical bill, every missed shift, every prescription, every appointment. This documentation builds your damages claim.

Frequently Asked Questions

Do I need a lawyer for a motorcycle accident in Burbank?

You're not required to have one, but motorcycle crashes tend to involve serious injuries and complicated liability questions — and insurance companies know that riders are often treated unfairly. An attorney levels the playing field. Most personal injury lawyers in California work on contingency, so you pay nothing upfront and nothing at all unless they recover money for you.

What if the driver who hit me doesn't have insurance?

California requires drivers to carry liability insurance, but not everyone does. If the at-fault driver is uninsured, you may be able to make a claim through your own uninsured motorist (UM) coverage. If they're underinsured, your underinsured motorist (UIM) coverage may fill the gap. An attorney can review your policy and identify every available source of recovery.

Can I still file a claim if I wasn't wearing a helmet?

California law requires motorcycle riders to wear a helmet (Vehicle Code §27803). If you weren't wearing one, the other side may argue that contributed to your head injuries. However, it doesn't bar your claim — it may just affect how damages are calculated under California's comparative negligence rules. Talk to an attorney about how this applies to your specific situation.

How long will my motorcycle accident case take in Burbank?

It depends on the complexity of your injuries and whether the case settles or goes to trial. Many cases resolve through negotiation within several months to a year. Cases with severe injuries, disputed liability, or government defendants often take longer. Your attorney can give you a realistic timeline once they understand the full picture.

What if I was lane-splitting when the accident happened?

Lane splitting is legal in California under Vehicle Code §21658.1 when done safely. If you were lane splitting and a crash occurred, liability will depend on the specific circumstances — the speed, the gap between vehicles, whether the other driver made a sudden lane change. California's comparative fault system means you may still recover even if lane splitting is a factor.

What if a road defect caused or contributed to my crash in Burbank?

Potholes, poor road markings, missing signage, or dangerous road design can all make a government entity legally responsible for a crash. If a city or county road defect played a role, you must file a government tort claim within six months of the accident (Government Code §911.2). This is a strict deadline — miss it, and you may lose your right to recover from that entity entirely.

What if the motorcycle crash killed someone in my family?

Losing someone to a preventable crash is devastating, and California law recognizes that. Surviving family members — spouses, children, parents — may be able to bring a wrongful death claim for funeral costs, loss of financial support, and loss of companionship. The two-year deadline runs from the date of death (CCP §335.1). Please reach out. You shouldn't be dealing with this alone.

If you're not sure where to start, just call us at 888-585-2529. We'll listen to what happened, answer your questions honestly, and tell you what your options look like — no pressure, no obligation. That conversation is completely free. You've been through enough already. Let's figure out the next step together.