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Motorcycle rear-end
crash lawyers.

A distracted or tailgating driver hit you from behind. California law presumes the following driver is at fault. We build the case and pursue every dollar you're owed.

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Rear-end motorcycle crashes

Stopped at a light. Struck from behind. Fault presumed against the striking driver.

California Vehicle Code § 21703 requires drivers to maintain a following distance that allows them to stop safely given the traffic and road conditions. When a following driver strikes a rider from behind, California courts apply a strong presumption of negligence against that driver — the law assumes a driver maintaining a proper following distance and reasonable attention would have been able to stop in time.

For a motorcyclist, being struck from behind is uniquely dangerous. There's no crumple zone, no seatbelt, and often minimal warning before impact. Even a relatively low-speed rear impact can throw a rider from the bike, crush them between the striking vehicle and one ahead, or cause severe neck and back injury from the sudden, unbraced acceleration of the body.

Distracted driving — particularly phone use — is a common cause of these crashes. We routinely request cell phone records early in the case, before carrier retention periods expire, and look for vehicle event data recorder ("black box") data showing the driver's speed and braking in the seconds before impact.

A driver's claim that "the rider stopped suddenly" is the most common defense and rarely succeeds — drivers are legally required to anticipate that traffic ahead may stop. Under California's pure comparative fault rule (Civil Code § 1431.2), even a disputed fault finding only reduces recovery — it doesn't eliminate it. Contact us today — dashcam footage and phone records disappear fast.

Step-by-step

What to do after a rear-end crash.

Fault is often presumed in these cases — but building a complete record, including phone and vehicle data, maximizes your recovery.

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1
At the scene
Call 911 and get a police report.

Get the officer's name, badge number, and report number. Note whether the driver made any statement about being distracted or not seeing you stop.

2
At the scene
Photograph both vehicles' damage and positions.

Document the impact damage, skid marks (or the lack of them, which can indicate the driver never braked), and the final resting position of both vehicles.

3
At the scene
Get witness contact information.

Anyone in nearby vehicles or on the sidewalk who saw the impact is valuable — particularly if they can speak to how much following distance the striking driver had.

4
Same day
See a doctor even if you feel okay.

Rear-end impacts can throw a rider from the bike or cause a whiplash-type neck injury. A same-day medical visit establishes the causation record your claim depends on.

5
Within days
Preserve your motorcycle and gear.

Impact damage to your bike and helmet helps document force and direction. Don't repair or discard anything until we've had it examined.

6
As soon as possible
Call Law Dog before speaking with any insurer.

The striking driver's insurer will often try to claim you stopped suddenly without cause. Do not give a recorded statement. We request phone and vehicle data early to establish exactly what happened.

Common injuries

No warning. No
protection. Serious impact.

A rear impact on a stopped or slow-moving motorcycle produces a distinct injury profile, often more severe than the same impact between two cars.

Cervical & Spinal Injuries
Sudden forward acceleration from a rear impact can cause whiplash, disc herniation, and in severe cases, spinal fracture requiring surgical stabilization.
Crush Injuries
A rider stopped between two vehicles can be crushed between the striking vehicle and one ahead, causing severe lower-extremity and pelvic injury.
Traumatic Brain Injury
Being thrown from the bike on impact frequently results in head contact with the ground or the striking vehicle, causing concussion or more severe TBI.
Lower Back Injuries
The seated position on a motorcycle transmits rear-impact force directly through the spine, causing lumbar strain and disc injuries that can become chronic.
Fractures
Ankle, leg, and pelvic fractures are common when a rider is thrown from the bike or the bike is driven into the rider's legs on impact.
Psychological Trauma
The suddenness and lack of warning in rear-end crashes frequently produces heightened anxiety around riding or driving that persists well after physical recovery.
What they don't want you to know

Fault is presumed against them. So they attack elsewhere.

Here's what insurers typically try when the presumption of fault runs against their driver.

Tactic 01
"You stopped suddenly without reason."
This defense rarely succeeds without specific evidence. Drivers are legally required to anticipate that vehicles ahead may need to stop. Absent proof of an unpredictable, unnecessary stop, the presumption of fault stands.
Tactic 02
Minimizing the impact severity
Insurers routinely argue a "minor" rear impact couldn't have caused serious injury. The presence or lack of visible vehicle damage does not correlate reliably with injury severity on a motorcycle — we document injuries through medical evidence, not property damage estimates.
Tactic 03
Delaying while your treatment record builds
Some insurers slow-walk clear-liability rear-end cases hoping financial pressure pushes an early settlement before your full injuries are known. We don't let financial pressure dictate your settlement timeline.
Tactic 04
A quick low offer before you see a specialist
An early settlement offer is designed to close the file before your full injuries are known. Once you sign a release, the case is closed permanently. Never accept an offer without independent medical and legal review.
Get a free case review No obligation. We tell you exactly what your case is worth before you decide anything.

Questions & answers

Rear-end crash FAQ.

In the vast majority of cases, yes. California Vehicle Code § 21703 requires drivers to maintain a following distance that allows them to stop safely given traffic and road conditions. California courts apply a strong presumption of negligence against the following driver, overcome only with specific evidence such as the rider making a sudden, unpredictable stop without cause.
A rider stopped at a light or in traffic has no crumple zone, no seatbelt, and often minimal warning before a following vehicle strikes them. Even a relatively low-speed rear impact can throw a rider from the bike, cause severe neck and back injury, or crush the rider between the striking vehicle and a vehicle ahead.
This is the most common defense in rear-end cases, and it rarely succeeds without supporting evidence. A driver is legally required to anticipate that vehicles ahead may need to stop. Dashcam footage, witness statements, and physical evidence of skid marks (or their absence) typically resolve this dispute quickly in the rider's favor.
Evidence of phone use at the time of the crash — obtainable through cell phone records and, in some cases, vehicle infotainment data — significantly strengthens a rear-end claim and can support a finding of gross negligence in especially egregious cases. We routinely request phone records early, before they can be lost.
The police report, photographs of both vehicles' damage and final positions, dashcam footage, witness statements, skid mark evidence, and — where relevant — cell phone records or vehicle event data recorder data showing speed and braking at the time of impact.
Two years from the date of the crash under California Code of Civil Procedure § 335.1. If a government vehicle was involved, the deadline is six months under Government Code § 911.2. Call an attorney as soon as you are physically able.
Time limit

Two years to file. Phone records and dashcam footage vanish sooner.

California Code of Civil Procedure § 335.1 gives you two years from the crash date to file a personal injury lawsuit. But cell phone carrier records showing distracted driving, and dashcam footage from nearby vehicles, disappear within a matter of weeks to months. If a government vehicle was involved, the deadline is six months under Government Code § 911.2. The sooner we start, the more evidence we secure.