What to Do After a Motorcycle Accident in California
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Motorcycle accidents tend to cause more serious injuries than car accidents, and riders often face an uphill battle just getting a fair claim taken seriously. Two things make motorcycle claims different from an ordinary car accident case: California's lane-splitting law, and a persistent bias among insurance adjusters and juries against riders. Here's what to know if you've been hurt on a motorcycle in California.
In this guide
What to do at the scene
If you're able to, the steps after a motorcycle accident are similar to any collision, with a bit more urgency given the injury risk:
- Get medical attention — even if you feel okay. Adrenaline masks pain, and some injuries (head trauma, internal injuries) aren't obvious right away.
- Call the police and get a report filed — this becomes an important record of how the crash happened.
- Photograph everything — your bike, gear, the other vehicle, the road surface, skid marks, and your injuries.
- Get witness contact information. Independent witnesses matter even more in motorcycle cases, given the bias issue discussed below.
- Don't discuss fault at the scene or give a recorded statement to the other driver's insurer before speaking with an attorney.
California's lane-splitting law and fault
California is the only state that explicitly authorizes lane splitting — riding a motorcycle between lanes of stopped or slow-moving traffic — under Vehicle Code 21658.1. That means simply lane-splitting at the time of a crash does not, by itself, make a rider at fault. The California Highway Patrol has published safety guidance suggesting speed differentials and conditions where lane-splitting is safer versus riskier, and that guidance often becomes relevant evidence in disputed-fault cases.
Lane-splitting isn't automatic fault — but it isn't automatic innocence either
Insurers sometimes assume a lane-splitting rider was automatically negligent. That's not the law. Because California uses pure comparative negligence, fault is based on the actual facts and speeds involved, not a blanket rule — and you can still recover damages even if you're found partly at fault, just reduced by your share.
Helmet use and your claim
California requires DOT-compliant helmets for all riders and passengers under Vehicle Code 27803. If you weren't wearing a compliant helmet at the time of a crash, an insurer may argue your head or facial injuries were worse than they would have been with proper protection — a version of comparative negligence sometimes called the "seatbelt defense" applied to motorcycles. It generally only affects injuries a helmet would have prevented (like head trauma), not the accident itself or other injuries such as broken bones.
The "rider bias" problem
Motorcyclists frequently face an unfair assumption — from insurance adjusters and sometimes juries — that riders are inherently reckless or "asked for it" simply by riding. This bias can show up as lowball settlement offers or skepticism about legitimate injuries. Countering it usually means building a thorough, well-documented case: the police report, witness statements, accident reconstruction where warranted, and a clear presentation of exactly what the other driver did wrong.
What compensation can cover
A successful motorcycle accident claim can typically include:
- Medical expenses, past and future
- Lost wages and diminished future earning capacity
- Pain and suffering
- Property damage — your motorcycle and gear
- Rehabilitation and, in serious cases, long-term care costs
For the fuller picture on valuing a claim, see what your personal injury case is worth in California.
How long you have to file
Generally two years — but sometimes much shorter
Most California personal injury claims must be filed within two years of the accident (CCP § 335.1). If a government vehicle or public roadway defect was involved, that window can shrink to just six months to file a claim. See personal injury filing deadlines in California for the full breakdown.
Frequently asked questions
Does lane-splitting automatically make me at fault in a crash?
Will I recover less if I wasn't wearing a helmet?
Why do insurers seem to treat motorcycle claims differently?
How much does it cost to hire a motorcycle accident attorney?
Sources
- Cal. Vehicle Code § 21658.1 (lane-splitting authorization) — leginfo.legislature.ca.gov
- Cal. Vehicle Code § 27803 (motorcycle helmet requirement) — leginfo.legislature.ca.gov
- California Highway Patrol — lane-splitting safety guidance
- Cal. Code of Civil Procedure § 335.1 (personal injury statute of limitations) — leginfo.legislature.ca.gov
Ron represents injured clients across Southern California on a contingency-fee basis — no fee unless he wins.
Learn more about Ron Chini →