Motorcycle Accidents
Table of Contents
- Why Clients Choose Abramson Labor Group
- Who Is at Fault in a Motorcycle Accident?
- Does Wearing a Helmet Affect My Claim?
- Is Lane Splitting Legal in California?
- How Long Do I Have to File a Motorcycle Accident Claim?
- What Should I Do After a Motorcycle Crash?
- What Can You Recover After a Motorcycle Accident?
- Other Accidents We Handle
- Serving Injured Riders Across California
- Frequently Asked Questions
- Request a Free Case Review
- You generally have 2 years from the crash to file a lawsuit for your injuries in California, and 3 years for damage to your motorcycle.
- If a city, county, or state vehicle or road was involved, a written claim to that agency is usually due within 6 months.
- California requires every motorcycle driver and passenger to wear a safety helmet.
- California law defines lane splitting and lets the CHP issue safety guidelines for it.
- You can recover even if you were partly at fault, but your award goes down by your share of the blame.
Riders have little protection in a crash, and insurers may be quick to blame the motorcyclist. A motorcycle accident lawyer can push back on that bias, prove how the crash happened, and pursue full compensation for your injuries. Abramson Labor Group represents injured riders and passengers across California. Our case reviews are free and confidential, and we work on contingency.
Why Clients Choose Abramson Labor Group
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Documented results. See our case results. Past results do not guarantee a similar outcome.
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
- One office for the whole state. We serve clients across California from Burbank, and most of your case can be handled by phone or video.
Who Is at Fault in a Motorcycle Accident?
The driver who caused the crash is responsible for the harm. California law measures damages as “the amount which will compensate for all the detriment proximately caused” by the wrongful conduct (Civil Code section 3333). Riding a motorcycle does not make you to blame.
Fault can be shared. In Li v. Yellow Cab Co. (1975), the California Supreme Court held that a person’s own negligence “shall not bar recovery.” Instead, “the damages awarded shall be diminished in proportion to the amount of negligence attributable to the person recovering.”
- A car turning left across the rider’s path
- A driver changing lanes without checking for a motorcycle
- A car door opened into the rider’s path
- Rear-end crashes in stopped or slow traffic
- Potholes, debris, or uneven pavement
- Defective brakes, tires, or other parts
Does Wearing a Helmet Affect My Claim?
California requires a helmet. Under Vehicle Code section 27803, “A driver and any passenger shall wear a safety helmet” on a motorcycle, motor-driven cycle, or motorized bicycle.
If you were not wearing a helmet, you can still bring a claim. The other side may argue a missing helmet made a head injury worse. Under California’s comparative fault rule, that argument can reduce part of the damages, but it does not bar your claim. A crash can cause a head injury even with a helmet on. Learn more about brain injury claims.
Is Lane Splitting Legal in California?
California law defines lane splitting as driving 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). If you were lane splitting when you were hit, the speed and conditions at the time may come up when fault is divided.
How Long Do I Have to File a Motorcycle Accident Claim?
| Type of claim | General deadline | Source |
|---|---|---|
| Lawsuit for your injuries, or for a death | 2 years | Code of Civil Procedure 335.1 |
| Lawsuit for damage to your motorcycle or gear | 3 years | Code of Civil Procedure 338(c)(1) |
| Claim against a city, county, or state agency for injury | 6 months (written claim to the agency) | Government Code 911.2 |
A dangerous road can mean a claim against a public agency, and that 6-month window is short. If you were hurt, consider speaking with a motorcycle accident lawyer early.
What Should I Do After a Motorcycle Crash?
Get medical care first, even if you feel fine. Report an injury crash to the CHP or local police within 24 hours (Vehicle Code section 20008), and file an SR-1 with the DMV within 10 days if anyone was hurt or property damage is over $1,000 (California DMV). Keep your helmet, gear, and damaged parts. They can show how the crash happened.
Before you give a recorded statement to the other driver’s insurer or sign anything, consider speaking with a lawyer.
What Can You Recover After a Motorcycle Accident?
A claim can cover medical bills, future care, lost wages, damage to your bike and gear, and pain and suffering. Your own uninsured motorist coverage may help if the other driver had no insurance or too little. Auto policies must include it unless it was removed in a written agreement (Insurance Code section 11580.2). Check your motorcycle policy to see what you have.
A rider who owned a vehicle in the crash that was not insured as the law requires generally cannot recover non-economic losses like pain and suffering (Civil Code section 3333.4).
If a defective part caused or worsened the crash, the manufacturer may also be responsible. See product liability. When a crash takes a life, certain family members can bring a wrongful death claim. Our article on who can file a wrongful death claim in California explains who qualifies.
Other Accidents We Handle
We also represent people hurt in car accidents, truck accidents, bus accidents, and pedestrian accidents. See all of our practice areas, or read our personal injury FAQ.
Serving Injured Riders Across California
We represent riders hurt in motorcycle accidents in Los Angeles, Burbank, Glendale, Pasadena, and throughout California from our Burbank office.
Frequently Asked Questions
How much does a motorcycle accident lawyer cost?
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees.
Can I recover if I was not wearing a helmet?
Yes, you can still bring a claim. The other side may argue the missing helmet made your injuries worse, which can reduce part of the damages under California’s comparative fault rule (Li v. Yellow Cab Co.).
Can I recover if I was lane splitting?
Possibly. Lane splitting is defined in Vehicle Code section 21658.1. How fast you were going and the traffic around you may affect how fault is shared, but sharing fault does not bar recovery.
Should I accept the insurance company’s first offer?
You do not have to. Early offers often come before the full cost of your treatment is known. Have the offer, and any release you are asked to sign, reviewed before you agree.
Request a Free Case Review
If you were hurt in a motorcycle accident, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California attorney.

