What the claim involves
Motorcyclists have the same rights on the road as drivers, and the Vehicle Code spells out what drivers owe them.
Motorcyclists have the same rights and duties on the road as other drivers, and the Vehicle Code names the duties drivers most often break around them. A driver turning left or making a U-turn must yield to every oncoming vehicle close enough to be a hazard at any time during the turn, and keep yielding until the turn can be made with reasonable safety (Vehicle Code § 21801(a)). A driver must stay within a single lane as nearly as practical and may not leave it until the move can be made with reasonable safety (§ 21658(a)), and may not turn or move right or left until it is reasonably safe and, when another vehicle may be affected, only after signaling (§ 22107). When a driver violates one of these rules and the violation causes the kind of harm the rule exists to prevent, California presumes the driver failed to use due care, subject to rebuttal (Evidence Code § 669). Lane splitting, which § 21658.1 defines as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, is legal in California according to the California Highway Patrol and the DMV. Every rider and passenger must wear a helmet that meets state standards, fastened and fitted (§ 27803). Under California’s comparative-fault rule, a rider’s own share of fault, if proven, reduces the recovery; it does not bar the claim.
Kyle Scott Law represents injured riders and their passengers from its Tustin office, across Orange County and on the freeways that carry them: the 5, the 55, the 405, the 91, and the 57. The firm obtains the CHP or police report, finds the video and witnesses before they are gone, documents the motorcycle, helmet, and gear in their post-crash condition, and reads every policy that may apply, including the rider’s own uninsured- and underinsured-motorist coverage. When an insurer blames the rider or will not offer a fair settlement, the firm files suit in the Orange County Superior Court in Santa Ana and prepares the case for trial.
The other driver’s duties
Two patterns come up again and again: a car turning left across the rider’s path, and a car changing lanes or merging into the rider. The Vehicle Code puts the duty on the turning or merging driver (§§ 21801(a), 21658(a), 22107), and a driver who says the rider was never seen has not answered it. The disputed facts are usually where the rider was, how fast the rider was going, and whether a careful driver would have looked.
Lane splitting and shared fault
Lane splitting is legal in California, so splitting lanes is not negligence by itself. An insurer may still argue that a rider was splitting too fast for the traffic or riding in a blind spot. Those arguments go to comparative fault, which reduces a recovery by the rider’s share of fault, if proven, and never bars the claim.
Helmets and head injuries
California requires every rider and passenger to wear a fastened, properly fitting helmet that meets state standards (Vehicle Code § 27803). If a rider was not wearing one, the defense may argue that it made a head injury worse, citing the presumption in Evidence Code § 669. That argument concerns how badly the rider was hurt, not who caused the crash, and it still needs medical proof tying the missing helmet to the specific injury; a fractured leg or a crushed hand is unaffected by it.
The rider’s own coverage
The at-fault driver’s liability policy is the starting point, and a California policy may carry as little as $30,000 per person and $60,000 per crash for bodily injury (Vehicle Code § 16056), which a serious motorcycle injury can exceed. The firm reviews the rider’s own uninsured- and underinsured-motorist coverage, which a car policy generally does not extend to a motorcycle the rider owns unless that motorcycle is insured under it (Insurance Code § 11580.2(c)(6)), and does not settle with the at-fault driver without the uninsured-motorist insurer’s written consent, which the statute requires to keep that coverage (§ 11580.2(c)(3)).
Cases the firm reviews
Common motorcycle accidents matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common motorcycle accidents questions.
Common questions
Questions about motorcycle accidents claims.
Is lane splitting legal in California?
Yes. The California Highway Patrol and the DMV both say so, and Vehicle Code § 21658.1 defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. An insurer can still argue that a particular rider split lanes unsafely for the speed and traffic, which is a comparative-fault question, not a bar to the claim.
The driver says they never saw me. Does that end my case?
No. The duty to yield before a left turn (Vehicle Code § 21801(a)) and the duty to change lanes only when it is reasonably safe (§ 21658(a)) apply whether or not the driver noticed the motorcycle. The DMV’s handbook tells drivers to check their mirrors for motorcycles, which are easily lost in blind spots. The questions become where the rider was, how fast the rider was going, and whether a careful driver would have seen the rider in time.
I was not wearing a helmet. Can I still bring a claim?
Yes. Riding without a compliant helmet violates Vehicle Code § 27803, and the defense may argue that it made a head injury worse, but California’s comparative-fault rule reduces a recovery by a proven share of fault rather than barring it. The defense also needs evidence that the missing helmet caused or worsened a specific injury; it has nothing to do with a fracture or a road-rash injury below the neck.
What if the driver who hit me has no insurance or too little?
Check the motorcycle policy first. California requires uninsured-motorist coverage in every bodily-injury liability policy unless the named insured deletes or reduces it in writing, and underinsured-motorist coverage comes with it (Insurance Code § 11580.2(a), (p)). A car policy’s coverage generally does not apply while you ride a motorcycle you own unless the motorcycle is an insured vehicle under that policy (§ 11580.2(c)(6)), so the firm reads the motorcycle policy and every household policy.
What if the driver left the scene?
Report it to the police right away. The uninsured-motorist coverage on your own policy, or a household member’s, can cover a hit-and-run by an unidentified driver, but the statute requires physical contact with the vehicle, a report to the police within 24 hours, and a sworn statement to the insurer within 30 days (Insurance Code § 11580.2(b)). Nearby video and witnesses can also identify the driver.
Should I repair or sell the bike before the claim is over?
Not until it has been documented. The motorcycle, the helmet, and the gear show how the crash happened and where the rider was struck, and damage to a helmet can show how the head was hit. Photograph everything, keep it in its post-crash condition, and tell the insurer not to salvage the bike until it has been inspected.
How long do I have to bring a motorcycle claim?
Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure § 335.1). A claim against a public entity, such as one over a road defect on a city street or a crash with a government vehicle, generally requires a written government claim within six months (Government Code § 911.2), and certain uninsured-motorist claims require a lawsuit, an agreement, or a formal arbitration demand within two years (Insurance Code § 11580.2(i)). A driver, including a rider, must also report a crash with any injury or more than $1,000 in damage to the DMV within 10 days (Vehicle Code § 16000).
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
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