What the claim involves
A Tustin motorcycle claim usually starts with what another driver failed to do.
Riders have the same rights on Tustin streets and freeways as every other driver. Motorcycle claims often turn on a few duties the Vehicle Code puts on drivers: yield before turning left, change lanes only when it is safe, and check before opening a door into traffic. When a driver ignores one of them, a rider can suffer fractures, skin injuries that may need surgery or grafting, spinal injuries, or a brain injury whose effects are not obvious at first.
Kyle Scott has practiced law since 1991 and has run his own firm since 2003. He reviews how the crash happened, which drivers and policies are involved, including the rider’s own motorcycle policy, and how the injuries affect work and daily life. The firm handles insurance negotiations, uninsured and underinsured motorist claims, lawsuits, mediation, and trial. If you are looking for a motorcycle accident attorney in Tustin, your first conversation is with Kyle Scott himself.
Left turns and lane changes on Tustin streets
A driver turning left or making a U-turn must yield to oncoming vehicles close enough to be a hazard (Vehicle Code § 21801(a)). Where lanes are marked, a driver must stay within one lane as nearly as practical and leave it only when that is reasonably safe (§ 21658(a)), and no one may open a car door on the traffic side unless it is reasonably safe and will not interfere with moving traffic (§ 22517). Saying the motorcycle was never seen does not answer either duty. When a violation causes the kind of harm a rule exists to prevent, Evidence Code § 669 presumes the driver failed to use due care, though that presumption can be rebutted. The disputed facts are usually the rider’s position and speed, the signal timing, and the driver’s line of sight, so the firm looks early for business, dashcam, and helmet-camera video.
Lane splitting on the 5 and the 55
When traffic slows on the 5 or the 55, a rider may be splitting lanes, which California law does not prohibit. Vehicle Code § 21658.1 defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and the CHP states that lane splitting by motorcyclists is legal. The CHP also says that riding on the shoulder is illegal and is not lane splitting, and that intentionally blocking or impeding a motorcyclist in a way that could cause harm is illegal. The CHP’s Santa Ana Area writes freeway reports, and an insurer may still argue that a rider split too fast for the traffic. That is a comparative-fault argument: it can reduce a recovery but does not bar the claim, and the drivers on either side still had to change lanes safely.
Helmets and shared fault
Vehicle Code § 27803 requires every rider and passenger to wear a fastened, properly fitting helmet that meets state standards. Riding without one does not bar a claim. The defense may argue that a missing helmet made a head injury worse, but it has to prove that link, and the argument does not reach injuries a helmet could not have prevented, such as a broken leg. If you were partly at fault, fault reduces a recovery and no percentage bars the claim (CACI No. 405). Civil Code § 3333.4 generally bars pain-and-suffering damages for a person who owned an uninsured vehicle in the crash, rode without proof of financial responsibility, or was convicted of DUI for the crash.
Insurance, deadlines, and reports
A serious motorcycle injury can exceed the at-fault driver’s limits, and for policies issued or renewed since January 1, 2025, California’s minimum is $30,000 for injury to one person, $60,000 for more than one person, and $15,000 for property damage, rising to $50,000, $100,000, and $25,000 for policies issued or renewed from January 1, 2035 (Vehicle Code § 16056). A liability policy generally must include uninsured and underinsured motorist coverage unless the named insured deletes or reduces it in writing, but a car policy’s coverage generally does not apply to a motorcycle you own unless the motorcycle is insured under that policy, and settling with the at-fault driver without the uninsured motorist insurer’s written consent can affect the coverage (Insurance Code § 11580.2). Most injury lawsuits are due in two years (Code of Civil Procedure § 335.1), a crash caused by a dangerous public road or a government vehicle generally requires a written claim within six months (Government Code § 911.2), and a crash with an injury must be reported to the DMV within 10 days (Vehicle Code § 16000). The Tustin Police Department handles crashes on city streets, and unlimited civil cases are heard at the Central Justice Center in Santa Ana.
Cases the firm reviews
Common motorcycle accident 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 accident claims.
Does the police report decide who was at fault in my Tustin motorcycle crash?
No. A Tustin Police or CHP collision report is important evidence, and insurers read it closely, but it is not the final word on civil fault. Witness statements, video, scene photos, and the damage to the motorcycle and the other vehicle can show what a report missed. If you believe the report is wrong, say so in your consultation, and keep the bike and your gear as they are until they are photographed.
Is lane splitting legal on the 5 and the 55 through Tustin?
Yes. California law does not prohibit lane splitting, and the CHP says it is legal. Vehicle Code § 21658.1 defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. Riding on the shoulder is not lane splitting and is illegal. After a crash, an insurer may argue that a rider split lanes unsafely for the traffic, which is a comparative-fault question, not a bar to the claim.
Who writes the report for a motorcycle crash in Tustin, and how do I get a copy?
The Tustin Police Department handles crashes on city streets, and you can request its report online through the portal linked from the city’s website. The California Highway Patrol’s Santa Ana Area handles the 5 and the 55, and its reports are available through the CHP Crash Portal or a CHP 190 form. Keep the report number you were given at the scene.
Can I still bring a claim if I was not wearing a helmet?
Yes. Vehicle Code § 27803 requires a helmet, but riding without one does not bar a claim. The defense may argue that the missing helmet made a head injury worse. If it proves that, damages for that injury may be reduced under California’s comparative-fault rule. The argument does not decide who caused the crash, and it does not apply to injuries a helmet could not have prevented, such as a broken leg.
Does my car insurance cover me on my motorcycle?
Not necessarily. Under Insurance Code § 11580.2(c)(6), a car policy’s uninsured motorist coverage generally does not apply while you ride a motorcycle you own unless the motorcycle is insured under that policy. Check the motorcycle policy’s own uninsured and underinsured limits, and whether it includes medical payments coverage, which can pay for immediate care no matter who was at fault. Bring every household policy to the consultation.
How long do I have to file a motorcycle accident claim in California?
Most injury lawsuits must be filed within two years of the crash under Code of Civil Procedure § 335.1. A claim against a public entity, such as one over a dangerous road condition, generally requires a written government claim within six months under Government Code § 911.2. Uninsured motorist claims have their own two-year rule (Insurance Code § 11580.2(i)), and a hit-and-run claim generally needs a police report within 24 hours. Confirm your dates early.
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.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Vehicle Code § 21658.1 (lane splitting)
- California Vehicle Code § 21801 (left turns and U-turns)
- California Vehicle Code § 21658 (driving within a single lane)
- California Vehicle Code § 22517 (opening a vehicle door)
- California Vehicle Code § 27803 (motorcycle helmets)
- California Vehicle Code § 16056 (minimum liability limits)
- California Vehicle Code § 16000 (report of accident to the DMV)
- California Evidence Code § 669 (presumption of negligence)
- California Insurance Code § 11580.2 (uninsured and underinsured motorist coverage)
- California Civil Code § 3333.4 (Proposition 213)
- California Code of Civil Procedure § 335.1
- California Government Code § 911.2 (six-month presentation period)
- California Judicial Council — CACI No. 405 (comparative fault), 2026 Civil Jury Instructions
- California Highway Patrol — California Motorcyclist Safety (lane splitting)
- California Highway Patrol — Santa Ana Area office
- California Highway Patrol — request a crash report
- California Department of Insurance — automobile insurance guide (medical payments coverage)
- City of Tustin — crime or traffic report
- Orange County Superior Court — court designation list
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