California Motorcycle Accident Lawyer

Is a rider at fault for lane splitting in California?

Not automatically. Lane splitting is legal in California, so riding between lanes does not by itself make a rider negligent. The question is whether the rider did it safely given the speed of traffic and the conditions.

Insurers often argue that a rider was going too fast relative to surrounding cars, splitting in a narrow lane or riding next to large trucks. Drivers, for their part, may change lanes without signaling or open a door into the gap. A careful case compares the rider's speed with the traffic flow, the lane widths and what the driver could have seen in the mirrors.

California law defines lane splitting and allows the California Highway Patrol to publish educational safety guidelines. Those guidelines are advice, not binding rules, but insurers sometimes point to them to argue that a rider was going too fast or splitting in the wrong place. Evidence of the actual traffic speed at the time of the crash is the best answer.

How does California's helmet law affect a rider's claim?

California requires all riders and passengers to wear a helmet that meets federal safety standards. Wearing one helps rebut arguments about head injuries, and not wearing one can be raised by the defense.

The defense may argue that a missing or noncompliant helmet made a head injury worse. That argument concerns damages, not who caused the crash, and it has little bearing on injuries to the legs, arms or spine. Keep your helmet after the crash. Its damage pattern can help a reconstruction expert.

What does pure comparative fault mean for a California rider?

The rider's award is reduced by the rider's share of fault, but the rider is never barred from recovery. That matters because insurers frequently try to put part of the blame on riders.

A worked example: a rider on Ventura Boulevard is struck by a driver making a quick U-turn from the curb. Damages total $350,000. The jury finds the driver 80% at fault and the rider 20% at fault for speed. The rider recovers $280,000. If the jury had found the rider 60% at fault, the rider would still recover $140,000. Under a 50% bar, that rider would have received nothing.

Where do California riders face the most danger?

Riders here can ride all year, and some of the most popular roads are also among the most dangerous.

• Canyon roads such as the Angeles Crest Highway, Mulholland Highway and Ortega Highway, with tight curves and weekend traffic.
• Pacific Coast Highway and Highway 1 through Big Sur, where tourists stop suddenly at scenic turnouts.
• Freeways in Los Angeles, the Bay Area and San Diego, where lane changes and traffic waves cause many crashes.
• Central Valley roads with farm equipment, dust and long straight stretches that encourage high speeds.

Gravel on curves, oil on wet pavement and wildlife in mountain areas add risk. When a road condition or design contributed, a government claim may be required within 6 months; see our page on government and public property claims.

Can an uninsured rider recover in California?

Generally not for pain and suffering. California bars uninsured drivers and owners, including motorcycle riders, from recovering noneconomic damages, with narrow exceptions such as when the at-fault driver was convicted of driving under the influence in connection with the crash. Economic losses, such as medical bills and lost wages, can still be pursued.

That makes motorcycle insurance especially important. Uninsured and underinsured motorist coverage on your policy can also protect you when the at-fault driver has little or no insurance.

What should an injured California rider do?

Get medical care and preserve evidence. Keep the bike, helmet and gear as they are. Photograph the scene and gather witness names, especially people who are not riders. Write down your speed, lane position and what you saw. Avoid recorded statements to the other driver's insurer and avoid posting about the crash online.

Most California rider claims must be filed within 2 years, and a government claim within 6 months may be needed if a public entity was involved. Learn more about rider claims on our motorcycle accident page, compare with our California car accident page, or visit our California injury guide. We offer a free case review, and you pay no fee unless we win.