California Motorcycle Accident Lawyer
Free consultation. No fees unless we win.
Riders know the feeling: a driver looks straight at you and pulls out anyway. Many motorcycle crashes involving another vehicle happen because the driver did not see the bike or misjudged its speed. With no frame, airbags or seat belt, the rider takes the full impact, and a collision that would dent a car can change a rider’s life.
Then comes the second problem. Insurance adjusters, and sometimes jurors, assume riders are reckless. A claim that would be routine for a car driver gets picked apart: how fast were you going, were you splitting lanes, what were you wearing. Answering that bias takes evidence, not argument.
The Law Offices of David P. Kashani represents injured riders and passengers throughout California. We reconstruct how the crash happened from physical evidence, witness accounts and video where it exists, and we present your injuries and your future needs in detail. Lane splitting is legal in California, and riding a motorcycle is not evidence of fault. If you lost a family member in a motorcycle crash, see our page on wrongful death claims. The consultation is free, and you pay no attorney’s fees unless we recover compensation for you.
Issues that decide motorcycle cases
Lane splitting
California law expressly recognizes lane splitting, and the CHP publishes safety guidelines for it. Insurers still try to treat it as automatic fault. The real questions are the rider’s speed, the traffic conditions and what the driver did, such as changing lanes without signaling or checking mirrors.
Bias against riders
Assumptions about motorcyclists show up in police reports, adjuster notes and jury rooms. We counter them with specifics: your riding history and training, the condition of your bike, where the damage is and what witnesses actually saw.
Helmet issues
California requires every rider and passenger to wear a compliant helmet. If you were not wearing one you can still bring a claim, but the insurer may argue that part of a head or neck injury is your responsibility.
Catastrophic injuries
Brain injuries, spinal cord damage and amputations change what a person can do for the rest of their life. These claims have to account for future surgery, rehabilitation, equipment, home modifications and lost earning capacity, not just the bills so far.
Left-turn collisions
One of the most common serious crashes is a driver turning left across an oncoming motorcycle. The turning driver generally must yield, but will often claim the rider was speeding. Skid marks, impact points and video can test that claim.
Common causes of motorcycle accidents
- Drivers turning left in front of an oncoming rider
- Lane changes without checking blind spots
- Following too closely and rear-ending a stopped motorcycle
- Opening car doors into a rider’s path
- Distracted or impaired drivers
- Gravel, potholes, uneven pavement and other road hazards
- Defective tires, brakes or other parts
Types of injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Leg, pelvis and arm fractures
- Road rash requiring skin grafts
- Nerve damage to the arms and shoulders
- Amputations
- Internal injuries
Compensation you may be entitled to
Medical bills
Emergency care, hospital stays, surgery, medication, physical therapy and other treatment related to the crash.
Lost wages
Income you lost while you could not work, and reduced earning capacity if you cannot return to the same job.
Pain and suffering
Physical pain, emotional distress and the ways the injury limits your daily life.
Future care
Treatment, rehabilitation, equipment or in-home help your doctors expect you to need later.
No result can be guaranteed, and serious injuries do not automatically mean a large recovery. What a claim is worth depends on fault, the medical evidence, your future needs and the insurance available. Damage to your motorcycle and gear can be claimed as well.
How a motorcycle accident claim works
- 1
Free consultation
We listen to your account of the crash and explain how we would approach the claim.
- 2
Reconstruction
We collect photos, video, witness statements and the physical evidence on the bike and the car to show how the collision happened.
- 3
Negotiation
We present your injuries and future needs in detail and push back when the insurer leans on rider stereotypes.
- 4
Trial if needed
If the insurer will not make a fair offer, we are prepared to put the evidence in front of a jury.
What to do after a motorcycle accident
- Get out of traffic if you can and call 911.
- If you have neck or back pain, stay still and leave your helmet on until paramedics arrive.
- Get the driver’s name, license, plate and insurance details, and contact details for witnesses.
- Photograph both vehicles, the road surface and where everything came to rest.
- Save helmet camera or dash camera footage, and look for nearby security cameras.
- Keep your motorcycle, helmet and gear as they are. Do not repair or discard them.
- See a doctor right away and follow up, even if your injuries seem manageable.
- Do not discuss your speed or lane position with the other driver’s insurer before you get legal advice.
California law to know
Filing deadlines
Most California personal injury lawsuits must be filed within two years of the crash. If a road defect or a government vehicle played a part, a written claim is generally due within six months. Consult an attorney promptly about your dates.
Comparative fault
California uses pure comparative negligence. If a rider is found partly at fault, for example for speed while lane splitting, compensation is reduced by that percentage and is not barred. How fault is divided is often the central fight in a motorcycle case.
Insurance requirements
Motorcyclists must carry liability insurance like other motorists. If you were riding uninsured, California law may limit your claim to economic losses such as medical bills and lost income. Ask an attorney how this applies to you.
Motorcycle accident FAQs
Is lane splitting legal in California, and does it hurt my claim?
Lane splitting is legal in California. It does not make a rider automatically at fault. An insurer may argue that the rider was going too fast for conditions, and fault can be shared under comparative negligence. The driver’s conduct, such as an unsignaled lane change, is often the main cause.
What if I was not wearing a helmet?
California law requires helmets for all riders and passengers. Not wearing one does not bar your claim, but the insurer may argue that it made a head or neck injury worse, which could reduce compensation for those injuries. It does not affect who caused the crash.
The insurance company says I was speeding. What now?
That is a common response to motorcycle claims, and it is often based on assumption. Physical evidence such as skid marks, impact damage, where the vehicles came to rest and any available video can be used to estimate speed. Even if speed played a part, California law reduces compensation by your share of fault and does not eliminate the claim.
Can a motorcycle passenger bring a claim?
Yes. An injured passenger can bring a claim against whoever caused the crash, which may be another driver, the operator of the motorcycle or both. Passengers are rarely at fault themselves.
What if the driver who hit me fled or has no insurance?
Uninsured motorist coverage on your motorcycle policy, if you bought it, can cover your injuries when the driver cannot be identified or is uninsured. Report the crash to police immediately and preserve any video. These claims have notice requirements, so speak with an attorney early.
How long do I have to file a motorcycle accident lawsuit in California?
Generally two years from the date of the crash for a personal injury claim. A six-month government claim deadline usually applies if a public agency is involved. Consult an attorney promptly, because the deadline depends on the facts.
Related pages
- Car accidentsClaims involving passenger vehicles.
- Bicycle accidentsDooring and unsafe passing.
- Truck accidentsCrashes with commercial trucks.
- Wrongful deathHelp for families after a fatal crash.
- How much is my personal injury case worth?The factors that drive claim value.
- Los Angeles officeOur main office on the Westside.
Find out where you stand. The call is free.
Tell us what happened. We will explain your options in plain English, and you owe us nothing unless we win your case.
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