Posted November 7, 2026 - by Law Offices of J.Chrisp
Founding Attorney
Yes, a recovery is still possible. California assigns responsibility for damage in direct proportion to each party’s negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). To reduce your damages, the defense must prove that you were negligent and that your negligence was a substantial factor in causing your harm (CACI No. 405, Comparative Fault of Plaintiff). If it does, your damages are reduced by your percentage of responsibility.
Both the driver and any passenger on a motorcycle, motor-driven cycle or motorized bicycle must wear a safety helmet that meets state requirements (Vehicle Code section 27803). It is unlawful to operate one of these vehicles if the driver or any passenger is not wearing one.
Violating a statute creates a presumption of failure to use due care only if four conditions are met (Evidence Code section 669):
The presumption can be rebutted by proof that the person did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law (Evidence Code section 669).
Keep every medical record, including imaging and the treating doctors’ notes.
Results shown on chrisplaw.com include $6,000,000 in a motorcycle versus auto case and $4,450,000 in a rental car versus motorcycle case. Every case is different, and prior results do not guarantee a similar outcome.
If you were hurt in a motorcycle crash, helmet or not, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.
The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, Justia
Attorney Advertising. This page provides general information about California law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated November 2026.
Since founding his law firm in 2010, Jesse Chrisp has built a reputation as a dedicated personal injury trial attorney serving Northern California’s Bay Area.
He has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. Mr. Chrisp was selected to Northern California Rising Stars from 2013 to 2019, an honor awarded to only 2.5% of attorneys in the state.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jesse Chrisp, who has been continuously recognized as a leader in personal injury law since starting his law firm in 2010.
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