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Motorcycle · Lane-Splitting · Rider Cases

California Motorcycle Accident Lawyers.
"I didn't see them" is rarely a defense.

If you were hurt in a California motorcycle crash, you generally have two years from the date of the wreck to file a personal-injury lawsuit under CCP § 335.1. California is one of the few states where lane splitting is legal (Veh. Code § 21658.1). No fee unless we win.

Updated June 2026 · Reviewed by Jeff Yates, Esq. · CA Bar #332659
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First 72 Hours

What to do
after a California motorcycle crash.

The defense will build their case around three claims: you were speeding, you were lane-splitting unsafely, or the driver "did not see you." These seven steps undercut each of the three.

  1. 01

    Call 911 and get a CHP or local police report.

    On California freeways, CHP handles it; on surface streets, local PD. A written police report with the driver's statement locked in is critical.

  2. 02

    Photograph the scene before vehicles are moved (if safe).

    Skid marks, debris field, sight lines, traffic controls, the driver's vehicle position. Multiple angles. The skid marks alone can establish speed.

  3. 03

    Get the driver's insurance, license, and plate.

    Photograph the actual cards - handwritten notes get lost. Snap the VIN, the make and model.

  4. 04

    Get each witness's name and phone.

    Witnesses move on within hours. A name and number captured at the scene is worth more than an expert report months later.

  5. 05

    Photograph your gear and bike damage.

    Helmet, jacket, gloves, boots. Scuff patterns tell the story of impact. Bag and save the gear - do not throw it away.

  6. 06

    Get medical care, even if you feel okay.

    Adrenaline masks injury. Internal bleeding, concussion, and orthopedic injuries often surface 24–72 hours later. Document the details from day one.

  7. 07

    Call a Devoted attorney before talking to insurance.

    Anything you say in a recorded statement can be used against you. We send a preservation letter the same day - dash-cam footage, traffic camera video, and CHP body-cam evidence.

Talk to a Devoted Attorney

Skid marks fade. Witnesses disappear. Dash-cam loops overwrite.

Motorcycle cases hinge on evidence captured in the first 72 hours. A preservation letter on day one keeps the truth on your side.

California Law That Applies

Four rules that
control rider cases.

Statute of Limitations

CCP § 335.1 + Gov. Code § 911.2.

primary source
Two years from the date of the crash to file a lawsuit. If a public entity is involved (a state-maintained road, a city vehicle, a county-owned hazard) you need to serve a notice of claim within six months under Gov. Code § 911.2. Miss either deadline and you may lose your right to recover.
Lane Splitting

Veh. Code § 21658.1 - Legal in CA.

primary source
California is one of the few states where lane splitting is explicitly legal. CHP publishes safety guidelines but the practice itself is not negligence per se. Defense insurers regularly imply rider fault from lane splitting; the statute and case law say otherwise.
Helmet Requirement

Veh. Code § 27803 - DOT helmet required.

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California requires riders and passengers to wear a US DOT-compliant helmet. Failure to wear one does not bar your case, but it can reduce head-injury damages under pure comparative fault.
Comparative Fault

CACI 405 - Pure comparative.

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Your recovery is reduced by your share of fault, but you can still recover even if you were mostly at fault. Example: $200,000 damages, jury finds you 30% at fault - you recover $140,000. Rule from Li v. Yellow Cab Co. (1975), applied via CACI 405.
Compensation You May Recover

What a motorcycle claim
can cover.

California organizes damages into two categories. Past results do not guarantee a similar outcome.

Economic Damages
  • Emergency room, surgery, and rehab
  • Trauma-center and orthopedic care
  • Future medical care, including burn-graft revisions
  • Lost wages and lost earning capacity
  • Motorcycle replacement and gear replacement
  • Out-of-pocket and transportation costs
Non-Economic Damages
  • Pain and suffering - physical and emotional
  • Mental anguish, anxiety, and PTSD
  • Loss of enjoyment of riding and life
  • Disfigurement and road-rash scarring
  • Loss of independence (catastrophic-injury cases)
  • Loss of consortium for a spouse or partner

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case.

A motorcycle on a California road
Causes & Injuries
Every ride carries risk — here's what we see most.
Common Causes

How California motorcycle crashes happen.

  • Left-turning vehicles across the rider's path
    The single most common motorcycle crash. CACI 706 - duty to yield.
  • Unsafe lane changes ('I didn't see them')
    Veh. Code § 22107 - drivers need to look and signal before changing lanes.
  • Rear-end collisions at lights and stops
    Inattentive drivers; phone use is the most common cause.
  • Doored riders in urban areas
    Veh. Code § 22517 - drivers need to check before opening a door.
  • Road hazards: gravel, debris, potholes, raised pavement edges
    If a public entity created or failed to fix the hazard, government claim within 6 months.
  • Drunk and distracted drivers
    DUI cases often add punitive damages under Civ. Code § 3294.
  • Defective vehicle parts (tires, brakes)
    Equipment failures can point to a manufacturer issue; preserving the part is critical.
Common Injuries

What we see most often.

  • Traumatic brain injury (TBI)
    Even with a DOT helmet - concussion to severe TBI.
  • Spinal cord injury and paralysis
    Catastrophic cases require a life-care plan and lifetime-care projection.
  • Multiple fractures (femur, tibia, pelvis, wrist)
    Common orthopedic injuries from impact and ground contact.
  • Road rash and degloving injuries
    Skin grafts and reconstructive surgery.
  • Internal organ damage
    Spleen, liver, kidney - often surfaces 24–72 hours after impact.
  • Burn injuries
    Contact with exhaust pipes, fuel, road surface.
  • Amputation
    Catastrophic cases - life-care plan and vocational rehab.
  • Wrongful death
    Two years from date of death under CCP § 335.1.
Talk to a Devoted Attorney

Talk to a California motorcycle attorney now.

Statewide Case Evaluations, 24/7. We'll send the preservation letter today and start building the case.

What Happens After You Call

Three steps.
No fee unless we win.

01

Free case review.

Call (888) 760-2529. A licensed California attorney calls back, usually within the hour.

02

Preservation letter.

Same day. We demand that the at-fault driver retain dash-cam, vehicle telematics, and phone records. We pull CHP body-cam and traffic-camera footage before it's overwritten.

03

We build and resolve the case.

Investigation, accident reconstruction, expert disclosures, demand. If the carrier won't pay fair value, we file and litigate.

Case Results

Real results.
For real clients.

Names withheld for privacy, facts preserved for transparency. Each case is unique - yours included.

See all case results
Rollover Accident
Oceanside, CA · 2025
Recovered
$1.3M
$300K offered4.3×

A high school student sustained serious injuries requiring arm surgery after being involved in a rollover accident as a passenger. The incident occurred while exiting Interstate 5.

Read the case study
Bicycle Accident
Twentynine Palms, CA · 2025
Recovered
$600K
$30K offered20×

During an evening bike ride in Twentynine Palms, a father was struck by a distracted driver who ran a stop sign, leaving him with multiple fractures and requiring several surgeries.

Read the case study
Dog Bite
Sacramento, CA · 2023
Recovered
$505K
$100K offered

Walking his French bulldog in the morning, our client was suddenly attacked by a Cane Corso. He sustained multiple injuries, including bite wounds to his thigh, a chipped tooth, forehead abrasions, and a back injury.

Read the case study

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different and depends on its unique facts, the applicable law, and the available insurance coverage.

No Victory · No Fee

You pay nothing unless we win your case.

We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

Motorcycle FAQ

California motorcycle-accident questions, answered.

Is lane splitting legal in California after a motorcycle crash?
Yes. California is has explicitly legalized lane splitting. Vehicle Code § 21658.1 directs CHP to develop educational safety guidelines, and the practice is lawful when done safely. Insurance carriers sometimes try to use lane splitting to imply rider fault - but the practice itself is legal and is not negligence per se.
How long do I have to file a motorcycle claim in California?
Two years from the date of the crash under CCP § 335.1. If a public entity is involved (a state-maintained road, a county vehicle, a city-owned hazard), you need to serve a notice of claim within six months under Gov. Code § 911.2. The short clock on public-entity cases catches a lot of riders.
Am I required to wear a helmet in California?
Yes. California Vehicle Code § 27803 requires motorcycle riders and passengers to wear a US DOT-compliant helmet. Failure to wear a helmet does not bar your case, but it can reduce the recovery for head injuries under California's pure comparative negligence rule.
The driver claims they 'did not see' me - what happens?
The 'I didn't see them' defense is the most common in motorcycle cases, and it is rarely a legal defense. Drivers are required to look for and yield to motorcycles. Failure to see a visible motorcycle can constitute negligence - Veh. Code § 22107 requires safe lane changes, and standard CACI instructions often reach the same result.
What if the at-fault driver had no insurance?
You can recover through your own uninsured / underinsured motorist (UM/UIM) coverage. California Insurance Code § 11580.2 requires insurers to offer UM/UIM. Most experienced riders carry it. We routinely stack policies where the law allows.
What if I was partly at fault - for example, speeding?
California uses pure comparative negligence (CACI 405). Your recovery is reduced by your share of fault, but you can recover even if you were 99% at fault. Example: $200,000 damages, jury finds you 30% at fault - you recover $140,000.
What kinds of compensation can I recover after a motorcycle crash?
Economic damages (medical bills past and future, lost wages, lost earning capacity, motorcycle damage, gear replacement) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment, loss of consortium). Civ. Code § 3333 governs. Past results do not guarantee a similar outcome.
How much does it cost to hire a Devoted motorcycle accident attorney?
We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.
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