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.
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.”
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.
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.
| 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.
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.
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.
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.
We represent riders hurt in motorcycle accidents in Los Angeles, Burbank, Glendale, Pasadena, and throughout California from our Burbank office.
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.
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.).
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.
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.
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.
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