Motorcycle accident attorneys · Serving all of California
California Motorcycle Accident Lawyer
Riders get hurt worse, and then get blamed. Attorney Steven D. Green spent years in operating rooms before law school, so he understands the injuries riders suffer. We push back on rider bias, explain California's lane splitting and helmet laws and offer a free case review.
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Key Takeaways
- California's Vehicle Code defines lane splitting and lets the CHP issue safety guidelines for it. The statute does not ban it.
- Every rider and passenger must wear a fastened, properly fitting safety helmet.
- California uses pure comparative fault. If you share some blame, your award is reduced by your share and is not barred.
- A helmet argument goes to the extent of certain injuries. It does not decide who caused the crash.
- Many motorcycle crashes involve a driver who turned left, changed lanes or opened a door into the rider's path.
- You usually have two years to file an injury lawsuit, and only six months for a claim against a public agency.
How motorcycle crashes happen
Many crashes between cars and motorcycles happen because a driver did not look for, or did not yield to, a rider. Common patterns include left turns across a rider's path, lane changes into a rider, rear-end impacts at stops, and car doors opened into a rider's lane.
- Left turns. A driver turns left across an oncoming rider, often saying afterward that they never saw the bike.
- Lane changes. A driver merges into a lane a rider already occupies, or into a rider who is splitting lanes.
- Rear-end impacts. A driver hits a rider who has stopped for a light, sign or crosswalk.
- Dooring. California bars opening a vehicle door on the traffic side unless it is reasonably safe and does not interfere with moving traffic Veh. Code 22517.
- Road rage. Some drivers react with hostility to riders moving through traffic they are stuck in.
These crashes are preventable when drivers give the road the attention it needs. Riders also face bias. Some adjusters and jurors assume a rider was speeding or reckless. We counter that with evidence: photos, video, crash reconstruction and witnesses.
California's lane splitting law
California defines lane splitting in its Vehicle Code and authorizes the California Highway Patrol to develop educational guidelines on doing it safely Veh. Code 21658.1. The statute does not prohibit it. After a crash, the question is whether the rider and the driver each acted with reasonable care.
Lane splitting means "driving a motorcycle ... that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways."
Veh. Code § 21658.1(a), current text checked October 2026The law also says the CHP should consult the DMV, Caltrans, the Office of Traffic Safety and a motorcycle safety organization when it develops its guidelines Veh. Code 21658.1(c). Those guidelines are educational. They are not a list of traffic offenses.
How lane splitting affects fault
Insurers often argue that a rider who was splitting lanes caused or contributed to the crash. That argument is not automatic. The facts decide it: how fast traffic was moving, how fast the rider was going, the space between vehicles, and whether the driver signaled, checked mirrors or swerved. A driver who changes lanes without looking can be at fault whether or not a rider was splitting lanes.
Drivers do not get to police lane splitting themselves. A driver who swerves, opens a door or blocks a rider on purpose can be responsible for the harm that follows, and that conduct can weigh heavily on fault.
California's motorcycle helmet law
Every motorcycle driver and passenger in California must wear a safety helmet that meets state standards Veh. Code 27803(a). The helmet must be fastened with its straps and fit securely without excessive movement Veh. Code 27803(e). The rule also covers motor-driven cycles and motorized bicycles on the highway.
It is unlawful to operate a motorcycle if the driver or any passenger is not wearing a helmet, and unlawful to ride as a passenger when anyone on the bike is not wearing one Veh. Code 27803(b). A narrow exception covers certain fully enclosed three-wheeled vehicles Veh. Code 27803(f).
Comparative fault and helmet arguments
California follows pure comparative fault Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A rider's recovery is reduced by the rider's own share of fault and is not barred, even at 50 percent or more. Insurers raise lane position, speed and helmet use to push that percentage up.
A worked example
Say a jury finds $200,000 in total damages and decides the rider was 15 percent at fault for going slightly over the limit when a driver turned left in front of them. The rider recovers $170,000. These numbers are for illustration only.
How helmet arguments work
When a rider was not wearing a helmet, or wore one that was loose or did not meet the standard, the defense may argue that this made a head injury worse. That is a different question from who caused the crash. It also has no obvious connection to a broken leg, road rash or a back injury. How far a helmet argument can go depends on the facts and the medical evidence, including whether a helmet would have prevented or reduced the specific injury.
This is where medical knowledge matters. We look closely at what each injury is, how it happened and what the imaging shows. If you were not wearing a helmet, call us anyway. Do not assume you have no claim.
Prop 213 and uninsured riders
Riders need insurance too. The owner of an uninsured vehicle involved in a crash generally cannot recover pain and suffering, though medical bills and lost wages are still recoverable Civ. Code 3333.4. There is an exception when the other driver was convicted of DUI for the crash.
Motorcycle injuries and Steven Green's medical background
With no frame or airbags around them, riders often suffer head, neck and spinal injuries, fractures and severe road rash. Founding attorney Steven D. Green trained surgeons on spinal fusion, disc replacement and minimally invasive spine technologies before law school, so he understands these injuries and the care they require.
Head, neck and spinal cord injuries are among the most medically complex forms of trauma. They are also among the easiest for an insurer to downplay. Steven reads imaging and operative reports, questions defense doctors and makes sure future care is priced into the claim before anything is signed. He graduated cum laude from Loyola University Chicago School of Law with a Health Law certificate. Learn more about Steven D. Green.
Compensation and insurance after a motorcycle crash
You can claim medical bills, future care, lost wages and earning capacity, and damage to your motorcycle and gear. You can also claim non-economic damages for pain, suffering and emotional distress. The at-fault driver's insurance usually pays, and your own uninsured motorist coverage may fill gaps.
Minimum auto liability limits in California are $30,000 per person and $60,000 per accident on policies issued or renewed since January 1, 2025 Veh. Code 16056. Serious rider injuries can exceed that quickly. Uninsured and underinsured motorist coverage on your own motorcycle policy may help Ins. Code 11580.2, so we review it on every case.
For a rough range based on your own facts, try our settlement calculator. When a crash takes a rider's life, our wrongful death attorneys help the family.
How long you have to file
Most California motorcycle injury lawsuits must be filed within two years of the crash CCP 335.1. If a public entity is involved, such as a city vehicle or a dangerous road, a written claim is usually due within six months Gov. Code 911.2(a). Damage to your bike generally has three years CCP 338(c)(1).
Potholes, debris and poor road design are a bigger danger on two wheels. If one played a part, the six-month government deadline may control. Check your dates with our California Claim Clock.
Motorcycle accidents anywhere in California
We handle motorcycle accident cases in all 58 California counties from our San Diego office at 4275 Executive Square. The lane splitting and helmet laws are the same statewide. Clients work with us by phone and video, and we travel when a case calls for it.
Find your county, read about San Diego motorcycle and personal injury cases, or see every practice area on our California personal injury lawyer page. For crashes between other vehicles, see car accidents and truck accidents.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
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Questions
California motorcycle accident questions, answered
Is lane splitting legal in California?
California law defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and allows the California Highway Patrol to develop educational safety guidelines for it (Vehicle Code section 21658.1). The statute does not ban it. In a crash case, the question is usually whether the rider and the driver each acted with reasonable care.
Can you sue someone for crashing your motorcycle?
Yes. If a driver's carelessness caused the crash, you can bring a claim against that driver, and often against an employer or vehicle owner too. Most claims settle with the driver's insurer without a trial. If the insurer will not pay fairly, a lawsuit generally must be filed within two years of the crash (Code of Civil Procedure section 335.1).
How much compensation do you get for a motorcycle accident?
It depends on your injuries and losses. You can claim medical bills, future care, lost wages and earning capacity, and damage to your bike and gear, plus pain, suffering and emotional distress. Any share of fault assigned to you reduces the award by that percentage. The insurance available often limits what can actually be collected.
What is the average settlement for a motorcycle accident in California?
There is no reliable official average. California does not publish settlement totals, and most settlements are private. Numbers quoted online are usually marketing estimates. Value depends on who caused the crash, how serious your injuries are, how much treatment you need, your lost income and the insurance policies available.
How much compensation for stress and anxiety?
Emotional distress, anxiety and mental suffering are recoverable non-economic damages in a California injury case (Civil Code section 1431.2). There is no formula or set amount. They are proven through your own account, the people who know you and, where it applies, records from a counselor, therapist or doctor treating anxiety, sleep problems or post-traumatic stress.
Can I still recover if I was not wearing a helmet?
Often, yes. California requires riders and passengers to wear a fastened, properly fitting safety helmet (Vehicle Code section 27803), and an insurer may argue that going without one made a head injury worse. That argument does not decide who caused the crash, and it has no clear bearing on injuries a helmet does not protect. Talk to a lawyer before assuming you have no claim.
What percentage does an accident lawyer take?
Ask any injury lawyer how fees and case costs work before you sign. California requires a contingency fee agreement to be in writing and to state that the fee is negotiable (Business and Professions Code section 6147). Green Law Group explains its written fee agreement, including costs, during your free case review.
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