Motorcycle Accidents in California—Your Legal Options

Motorcycle accidents frequently cause severe injuries because riders lack the protection that cars provide. California has unique laws—including legal lane splitting and mandatory helmet requirements—that can affect your claim. If another driver caused your accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more. This article is for general informational purposes only and is not legal advice.

Riding a motorcycle in California offers freedom and flexibility, but it also comes with significant risks. When accidents happen, motorcyclists often suffer far more severe injuries than occupants of enclosed vehicles. Understanding your legal options after a motorcycle accident can help you make informed decisions about pursuing compensation. California has specific laws and considerations that apply to motorcycle crashes. This guide covers common causes of motorcycle accidents, California's unique regulations, the types of compensation available, and steps to take after a crash. For a general overview of the claims process, see [California Injury Claims 101](/blog/california-injury-claims-101).

• **Higher injury severity**: Motorcyclists face greater risk of serious or fatal injuries. • **California allows lane splitting**: When done safely, this is legal and should not automatically be used against you. • **Helmet use is mandatory**: Not wearing a helmet can affect your claim. • **Other drivers often at fault**: Many motorcycle accidents are caused by car or truck drivers who fail to see motorcycles. • **Bias exists**: Insurance adjusters and juries may have preconceptions about motorcyclists. • **Full compensation is possible**: You may recover medical costs, lost income, pain and suffering, and more.

Understanding what caused your accident is important for establishing fault. Common causes include: **Driver negligence:** • Failing to check blind spots before changing lanes • Left-turn accidents (driver turns in front of an oncoming motorcycle) • Distracted driving (texting, eating, adjusting GPS) • Running red lights or stop signs • Following too closely • Opening car doors into traffic (dooring) **Road hazards:** • Potholes, gravel, or debris • Uneven pavement or construction zones • Oil slicks or wet surfaces • Railroad tracks **Motorcycle defects:** • Brake failures • Tire blowouts • Design or manufacturing defects **Motorcyclist factors:** • Speeding or reckless riding • Impaired riding (alcohol or drugs) • Lack of experience • Unsafe lane splitting

California has specific laws relevant to motorcycle accidents: | Law/Regulation | Impact on Your Claim | |----------------|---------------------| | **Lane splitting is legal** | If done safely, it should not be used against you. Unsafe lane splitting could reduce your recovery. | | **Helmet required** | All riders must wear DOT-approved helmets. Not wearing one may reduce your compensation for head injuries. | | **Comparative negligence** | If you are partially at fault, your compensation is reduced by your percentage of fault. | | **Two-year statute of limitations** | You generally have two years from the accident date to file a lawsuit. | | **Uninsured/underinsured coverage** | California requires insurers to offer this protection, which can help if the at-fault driver lacks adequate insurance. | **Lane splitting note**: California is the only state that explicitly permits lane splitting. However, it must be done "in a safe and prudent manner." If an accident occurred while you were lane splitting, the specifics of how you were riding matter.

Because motorcyclists have minimal protection, injuries tend to be more severe: **Traumatic brain injuries (TBI)** • Concussions, skull fractures, and brain bleeds • Even with a helmet, head injuries can occur **Spinal cord injuries** • Herniated discs, fractures, paralysis • Can result in permanent disability **Broken bones and fractures** • Arms, legs, ribs, pelvis, and collarbone are commonly broken • May require surgery and lengthy rehabilitation **Road rash** • Severe abrasions from sliding on pavement • Can lead to infection, scarring, and skin grafts **Internal injuries** • Organ damage, internal bleeding • May not be immediately apparent **Limb loss** • Severe crashes can result in amputation For more on compensation for serious injuries, see [What Compensation Can Include After an Accident](/blog/what-compensation-can-include-after-accident).

If another party caused your motorcycle accident, you may be entitled to: **Economic damages:** • Medical bills (past and future) • Lost wages and loss of earning capacity • Motorcycle repair or replacement • Adaptive equipment if needed • Home modifications for disabilities **Non-economic damages:** • Pain and suffering • Emotional distress • Loss of enjoyment of life • Scarring and disfigurement • Loss of consortium **Punitive damages** (in rare cases): • If the at-fault party's conduct was particularly reckless or malicious The amount of compensation depends on injury severity, the strength of your evidence, and the available insurance coverage.

Taking the right steps after an accident can protect your health and your claim: **At the scene:** 1. Check for injuries and call 911 if needed 2. Move to safety if possible 3. Do not remove your helmet until medics arrive (unless necessary for breathing) 4. Exchange information with other parties 5. Take photos of the scene, vehicles, injuries, and road conditions 6. Get contact information from witnesses 7. Do not admit fault or apologize **After leaving the scene:** 1. Seek medical attention—even if injuries seem minor 2. Follow all treatment recommendations 3. Report the accident to your insurance company 4. Keep records of all expenses and medical visits 5. Document your injuries with photos over time 6. Start a pain journal For a complete checklist, see [What to Do After an Accident—Your Next Steps Checklist](/blog/what-to-do-after-accident-checklist).

Unfortunately, motorcyclists sometimes face bias from insurance adjusters, jurors, and even law enforcement. Common misconceptions include: • "All motorcyclists are reckless" • "They were probably speeding" • "They should have expected this risk" • "Motorcyclists are thrill-seekers who accept danger" **How to counter bias:** • Document your responsible riding history • Emphasize your safety gear and training • Gather evidence showing the other driver's negligence • Highlight that you were riding legally and safely • Work with professionals experienced in motorcycle accident claims The goal is to show that you were a responsible rider and the accident was caused by someone else's negligence.

**Situation**: Carlos was riding his motorcycle straight through an intersection when a car turned left in front of him. Despite braking, Carlos struck the car and was thrown from his bike, suffering a broken leg and road rash. **Fault analysis**: Left-turn accidents are among the most common motorcycle crashes. The car driver had a duty to yield to oncoming traffic. Unless Carlos was speeding excessively or running a red light, the car driver is likely at fault. **Key evidence**: Traffic camera footage, witness statements, police report, and photos of the scene can all support Carlos's claim.

**Situation**: Jessica was lane splitting in slow-moving traffic on a California highway. A driver suddenly changed lanes without signaling, striking Jessica's motorcycle and causing her to crash. **Fault analysis**: Because lane splitting is legal in California, Jessica was not breaking the law. The key question is whether she was splitting lanes "safely and prudently" and whether the other driver failed to check before changing lanes. **Key point**: Jessica should document that traffic was moving slowly, she was not exceeding a safe speed, and the driver changed lanes without warning. Dashcam footage from nearby vehicles could be invaluable. For more on handling insurance negotiations, see [Insurance Adjusters—What They Really Want From You](/blog/insurance-adjusters-what-they-want).

☐ Call 911 if there are injuries or significant damage ☐ Move to safety if you can do so without further injury ☐ Keep your helmet on until medics arrive ☐ Exchange information with other parties (names, insurance, contact info) ☐ Document the scene with photos and videos ☐ Get witness contact information ☐ Do not admit fault or apologize ☐ Seek medical attention—even for minor-seeming injuries ☐ Report the accident to your insurance company ☐ Start a pain journal documenting your recovery ☐ Keep all receipts for medical care, repairs, and related expenses ☐ Consider your legal options for pursuing compensation

If you have been injured in a motorcycle accident in California: 1. **Prioritize your health**: Get thorough medical evaluation and follow all treatment recommendations. 2. **Document everything**: Photos, medical records, expenses, and a pain journal all strengthen your position. 3. **Know your rights**: California law protects motorcyclists, including those who lane split safely. 4. **Do not accept quick settlements**: Insurance companies may try to minimize your claim before you know the full extent of your injuries. 5. **Contact Hurt Advice**: We can provide information and connect you with resources to help you understand your options. Visit our [homepage](/) or [contact us](/contact) to learn more.

This article is for general informational purposes only and is not legal advice. Every accident is unique, and outcomes vary based on individual circumstances. The information provided here does not create an attorney-client relationship. If you need guidance specific to your situation, please consult with a qualified attorney licensed in California. Past results do not guarantee future outcomes.