Motorcycle Accident Lawyer in California

Get medical care first, even if you walked away from the crash. Then protect your claim: document the scene and your gear, get witness names, make the reports California requires and be careful about what you tell insurance companies. These steps help in the first days, in order.

1. 1

   Get to safety and get checked out.

   Call 911 if anyone is hurt. See a doctor even if you feel okay, because some symptoms, such as those of a concussion, may not appear for hours or days. Keep every record and bill.

   Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)

2. 2

   Keep your helmet and gear.

   Don't throw away your helmet, jacket, boots or gloves, even if they're damaged. They can help show how the crash happened and that you were wearing a helmet.

3. 3

   Document the scene.

   Photograph the vehicles, the road surface, skid marks, traffic signals and any gravel, debris or potholes. Get the other driver's name, address, registration and insurance details, plus witness names and phone numbers.

   Source: Vehicle Code §20003 (opens in a new tab)

4. 4

   Make the reports the law requires.

   If anyone was hurt, the drivers involved must make a written report within 24 hours to the CHP or, inside a city, to the CHP or the city police department. A crash that injures someone or causes more than $1,000 in property damage must also be reported to the DMV within 10 days.

   Sources: Vehicle Code §20008 (opens in a new tab); Vehicle Code §16000 (opens in a new tab)

5. 5

   Be careful with insurance companies.

   If the other driver's insurance company calls, don't guess about speeds or distances. You don't have to give them a recorded statement. You can say no and talk to a lawyer first.

For your bike, get a written repair estimate and keep receipts for towing, storage and damaged gear.

We help riders and passengers hurt in crashes caused by someone else's carelessness, including:

• Left-turn crashes

  A driver turns left across the rider's path at an intersection or driveway.

• Unsafe lane changes

  A driver moves into the rider's lane without checking.

• Dooring

  A parked driver or passenger opens a door into the rider's path.

• Rear-end crashes

  A driver hits a rider stopped at a light or slowing in traffic.

• Lane-splitting crashes

  Collisions while riding between lanes of slow or stopped traffic.

• Dangerous roads

  Potholes, debris and poorly maintained public roads. A six-month claim deadline applies.

• Hit-and-run and uninsured drivers

  When the driver leaves or has no insurance, your own policy may still help.

• Passenger injuries

  Hurt while riding on the back of a motorcycle.

A key question in a motorcycle claim is whether a driver broke a rule of the road, such as failing to yield on a left turn. When a driver breaks a safety law, the violation causes the kind of harm the law was meant to prevent, and the injured person is someone the law was meant to protect, California law presumes the driver was careless. The driver can try to rebut that presumption (Evidence Code §669 (opens in a new tab)). A driver saying they didn't see the rider doesn't change those rules. These rules matter in motorcycle claims:

• Unsafe left turns

  A driver turning left must yield to oncoming traffic close enough to be a hazard, and that includes motorcycles.

  Source: Vehicle Code §21801 (opens in a new tab)

• Unsafe lane changes

  Drivers must stay as nearly as practical within a single lane and move over only when it's reasonably safe.

  Source: Vehicle Code §21658 (opens in a new tab)

• Opening doors into traffic

  No one may open a car door on the traffic side unless it's reasonably safe and won't interfere with moving traffic.

  Source: Vehicle Code §22517 (opens in a new tab)

• Following too closely

  Drivers can't follow more closely than is reasonable for the speed, the traffic and the road.

  Source: Vehicle Code §21703 (opens in a new tab)

• Phones and distraction

  Drivers can't hold and operate a phone while driving, except hands-free or with a single tap or swipe on a mounted phone.

  Source: Vehicle Code §23123.5 (opens in a new tab)

• Driving too fast for conditions

  Drivers can't go faster than is reasonable for the weather, visibility, traffic and road surface.

  Source: Vehicle Code §22350 (opens in a new tab)

A claim can cover the losses the crash caused you. California law sorts them into economic losses, which are bills and lost income you can document, and non-economic losses, like pain and emotional distress. What a claim is worth depends on its facts, and no lawyer can honestly promise a result. A claim may include:

If the motorcycle you owned wasn't insured as California requires, the law may limit what you can recover. See the insurance rules below.

Motorcycle claims follow the same basic California injury rules as car accidents, plus a few that matter especially for riders: helmets, lane splitting and insurance. Each rule has exceptions, and the right answer depends on your facts, so treat this as a starting point, not legal advice.

Helmets and shared fault

California requires every motorcycle rider and passenger to wear a safety helmet (Vehicle Code §27803 (opens in a new tab)). If you weren't wearing one, the other side may argue your injuries would have been less serious with a helmet. Under California's pure comparative fault rule, shared fault reduces your damages by your share but doesn't automatically end your claim (CACI No. 405 (opens in a new tab); Li v. Yellow Cab Co.).

Lane splitting

California's Vehicle Code defines lane splitting, riding between rows of stopped or moving vehicles in the same lane, and lets the CHP publish safety guidelines for it (Vehicle Code §21658.1 (opens in a new tab)). If you were splitting lanes, the question is still who acted carelessly, and how you were riding can affect how fault is shared.

Deadlines to file

The deadline to file a lawsuit for injuries is generally two years (Code of Civil Procedure §335.1 (opens in a new tab)), and three years for damage to your motorcycle (Code of Civil Procedure §338 (opens in a new tab)). If a dangerous road owned by a California public agency played a part, a written claim to that agency is generally due within six months (Government Code §911.2 (opens in a new tab)). Claims against federal agencies follow different rules.

Insurance rules

If you owned a motorcycle involved in the crash that wasn't insured as the law requires, California generally bars you from recovering non-economic losses, like pain and suffering, though you can still claim economic losses (Civil Code §3333.4 (opens in a new tab)). If the driver who hit you had no insurance or drove off, your own uninsured motorist coverage may help if your policy includes it. For a hit-and-run, that coverage generally requires physical contact, a police report within 24 hours and a sworn statement to your insurance company within 30 days (Insurance Code §11580.2 (opens in a new tab)). A lawyer can handle these steps for you.