California riders have two years from the crash date to file an injury claim under Code of Civil Procedure §335.1. Lane splitting is legal under Vehicle Code §21658.1, so a driver who hits a rider while changing lanes can still be at fault. Damages can cover medical care, lost income, bike repairs, and pain. Burg & Brock has represented motorcycle riders across California for nearly thirty years. Call (818) 873-9216 for a free case review.
At best, the motorcyclist is protected by a safe helmet, leather apparel to protect his body, arms & legs, while driving a motorcycle with good brakes and mechanically sound. The motorcyclist even in optimum situations is no contest for the errant driver of an automobile or truck as well as road hazards that may be found on streets and highways. Motorcycle accidents, therefore, most often result in serious injuries or the death of the motorcycle driver. The law offices of Burg and Brock with award-winning California Motorcycle Accident Lawyers have been helping injured victims get the justice and compensation they deserve after being injured in a motorcycle accident.
What Types of Hazardous Road Design & Defects Cause Motorcycle Accidents?
Many motorcycle accidents occur as a result of a product defect:
Riders, scooter users, and bicyclists share many of the same liability questions. The pages below cover the variants and city-specific work for greater Los Angeles.
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California is the only U.S. state to expressly allow lane splitting under CVC section 21658.1, which authorizes the California Highway Patrol to issue lane-splitting safety guidelines. Helmet use for both rider and passenger is mandatory under CVC section 27803. Headlight rules are set at CVC section 25650, and motorcycle equipment requirements are in CVC sections 27800 through 27803. The Vehicle Code text is available at leginfo.legislature.ca.gov.
General duty of care under Civil Code section 1714 and the rules of the road in the Vehicle Code combine to support most motorcycle injury claims. The personal injury limitations period is two years under Code of Civil Procedure section 335.1. Public-entity claims for road-defect cases require a six-month government claim under Government Code section 911.2. Comparative fault principles from Li v. Yellow Cab reduce but never bar recovery, even when helmetless conduct is alleged as a factor in the injuries.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 applies in motorcycle cases the same way it applies in passenger cases, with comparative fault reducing but not barring recovery. Defenses based on helmetless riding under CVC section 27803 are limited to head and neck injuries that would have been mitigated by a helmet, not to all injuries. The California Supreme Court has been clear that a violation of a safety statute does not automatically bar recovery; it is one factor in the comparative-fault calculus.
Pedeferri v. Seidner Enterprises (2013) 216 Cal.App.4th 359 addressed negligent supervision of riders by motorcycle dealerships and established that vendors who put inexperienced riders on the road have duties beyond mere sale. Soule v. General Motors Corp. (1994) 8 Cal.4th 548 applies to defective motorcycle components such as faulty fuel systems, defective tires, and crashworthiness failures. Damages doctrines from Howell and Pebley apply with full force. Verify each citation at Justia California Case Law.
Yes. California Vehicle Code section 21658.1 authorizes lane splitting and tasks the California Highway Patrol with publishing safety guidelines for riders. The CHP guidelines recommend traveling no more than 10 mph faster than surrounding traffic and avoiding lane splitting when traffic is moving above 30 mph. Lane splitting itself is not negligence per se, and a rider involved in a crash while lane splitting is not automatically at fault. Comparative fault analysis depends on the specific facts, including speed differential, lane position, and visibility.
Helmet use is mandatory under California Vehicle Code section 27803, but failure to wear one does not bar recovery. Defendants can argue comparative fault under the seat-belt-defense doctrine extended to helmets, but only for injuries a helmet would have prevented or mitigated. Limb fractures, internal injuries, and lacerations to the body are not affected. For head and neck injuries, the defendant must produce expert biomechanical testimony connecting helmet use to specific injury severity, and the jury then apportions fault accordingly under pure comparative fault.
Adult plaintiffs have two years to file under California Code of Civil Procedure section 335.1. Property-damage claims have three years under section 338. Public-entity defendants such as cities, counties, and Caltrans require a written claim within six months under Government Code section 911.2. Wrongful-death claims also have a two-year limitations period under section 335.1. Minor riders generally have until two years after their 18th birthday. Missing these deadlines typically forfeits the case.
No. California riders are held to the same standard of care as any other motorist, the duty to use reasonable care under Civil Code section 1714. There is no special rider duty to anticipate negligent driving by other motorists. However, riders must comply with the Vehicle Code, including helmet use, speed limits, and headlight rules, and violations can support comparative fault. Defendants frequently try to invoke stereotypes about motorcyclists, but California courts and juries are receptive to evidence demonstrating that the rider followed the rules.
Common injuries include traumatic brain injuries, spinal cord injuries, fractures of the femur, tibia, pelvis, and wrist, road rash that often requires skin grafting, internal organ injuries, and limb amputations. Riders thrown from the bike at highway speed routinely sustain multi-system trauma. Long-term care and rehabilitation are commonly required, and many riders cannot return to their pre-crash occupation. Cases often involve life-care planners, vocational economists, and orthopedic and neurological experts to document the full medical and economic picture.
Yes. A passenger can sue any negligent driver, including the rider of the motorcycle they were on. Family-member exclusions in personal auto policies are no longer common in California, and most modern policies cover passenger claims. Where the rider is uninsured or underinsured, the passenger can typically claim under their own household uninsured-motorist coverage governed by Insurance Code section 11580.2. Comparative fault rarely applies to passengers unless the passenger interfered with the rider's operation of the motorcycle in some way.
Product liability claims are pursued alongside the driver-negligence case. Common product targets include defective tires that delaminate, fuel systems that rupture in low-speed impacts, brake assemblies that fail under normal use, and frame designs that collapse on impact. California uses the consumer-expectation and risk-benefit tests under Soule v. General Motors. Preserving the motorcycle in its post-crash condition for inspection by an expert mechanical engineer is essential. These claims often substantially expand recoverable damages and add deep-pocket defendants.
Yes, with a six-month government claim under Government Code section 911.2 followed by a lawsuit within six months of rejection. Common road-defect cases involve potholes, missing signage, defective shoulders, oil and water on the roadway, and inadequate lighting. Plaintiffs must prove the entity had actual or constructive notice of the dangerous condition under Government Code section 835. Photos taken at the scene, prior repair records, and prior-incident reports are critical. These cases often involve Caltrans, which carries higher exposure than local jurisdictions.
No, not as a matter of law. California juries are instructed to evaluate the case on the facts, not on rider stereotypes. Settlement carriers often start with a lower offer based on the assumption that juries will be unsympathetic to riders, and our practice is to push back through education, demonstrative evidence, and willingness to try the case. Cases that go to verdict in Los Angeles County are increasingly rider-friendly when the rider followed the rules and the other driver violated a clear statutory duty.
Eyewitness statements, the driver's own admissions in the police report, and surveillance video from nearby businesses are the primary tools. Many drivers who turn left across a rider's path admit at the scene that they did not see the motorcycle, which is a powerful liability statement. Cell-phone records can show the driver was on the phone or texting at the moment of impact. Reconstruction experts also use sight-line analysis and time-distance calculations to establish that the rider was visible for several seconds before the driver's maneuver.
Uninsured and underinsured motorist coverage under Insurance Code section 11580.2 pays the rider's injury claim when the at-fault driver has no insurance or insufficient limits. Carriers must offer UM/UIM at the same limits as the liability coverage, which the policyholder can reject only in writing. For motorcyclists, the practical importance of UM/UIM is high because riders sustain catastrophic injuries that frequently exhaust minimum-limit liability policies. Stacked household policies can also be triggered when multiple vehicles are insured.
Health insurance pays in the first instance, with subrogation rights asserted at settlement. MedPay coverage on the motorcycle policy or any household auto policy can also pay early bills, often $1,000 to $10,000. Riders without insurance frequently treat on a medical lien with chiropractors, orthopedists, and surgical centers that defer payment until settlement. Hospital and provider liens under Civil Code section 3045 must be addressed before disbursement. Good case management coordinates these payment sources to minimize the rider's out-of-pocket exposure.
| Severity Tier | Typical Injuries | Settlement Range |
|---|---|---|
| Tier 1 — Minor | Road rash, no surgery, full recovery | $15,000 — $60,000 |
| Tier 2 — Moderate | Fractures, single surgery, lasting limp | $60,000 — $250,000 |
| Tier 3 — Serious | Multiple fractures, hardware, persistent disability | $250,000 — $900,000 |
| Tier 4 — Severe | Amputation, multi-surgery, permanent impairment | $900,000 — $3,500,000 |
| Tier 5 — Catastrophic | TBI, spinal cord injury, wrongful death | $3,500,000+ |
Past results do not guarantee future outcomes. Each case is unique and case results depend on a variety of factors.
Cases filed in Los Angeles County are routed by the location of the incident and the residence of the parties. Most personal injury filings are handled at the Stanley Mosk Courthouse at 111 N. Hill Street, which serves as the central civil hub. West-side incidents may be filed at the Santa Monica Courthouse, while events in the eastern San Fernando Valley typically route to the Van Nuys Courthouse East. South Bay matters proceed at the Torrance Courthouse, and South-Central LA cases are handled at the Compton Courthouse. Long Beach and the surrounding ports route to the Governor George Deukmejian Courthouse. Federal claims, including those involving federal preemption or diversity jurisdiction, are filed in the U.S. District Court for the Central District of California.
This page is reviewed by Greg Diarian, a Burg & Brock attorney whose case work centers on motorcycle and rideshare collisions throughout Los Angeles County. Greg is himself a rider and has handled hundreds of two-wheel cases, from CVC section 21658.1 lane-splitting disputes to multi-defendant left-turn crashes. He works closely with biomechanical engineers, orthopedic surgeons, and life-care planners to document the unique injury profile that motorcycle riders sustain.
Greg Diarian is admitted in California and verified at Cal Bar #294014. Reviewed by Greg Diarian, CA Bar #294014. Last updated: 2026-05-08.
Attorney Advertising. The information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Motorcycle settlements run higher than auto because injuries are more severe. Soft-tissue cases settle around $25,000 to $50,000. Cases with broken bones or surgery range $100,000 to $400,000. Catastrophic cases involving TBI or paralysis often exceed $1 million. Burg & Brock has recovered a $3.2 million policy limit on a rideshare-motorcycle case.
Yes. Assembly Bill 51, codified at Vehicle Code section 21658.1, made California the first state to expressly legalize lane splitting in 2016. The CHP issues guidelines on safe speed differentials. Lane splitting itself does not establish fault.
California requires helmets under Vehicle Code section 27803, and not wearing one can reduce a head-injury claim under comparative negligence. It does not bar recovery, and it has no effect on injuries to the body below the neck. Burg & Brock has recovered substantial damages in cases involving helmet violations.
Two years from the accident date for personal injury under Code of Civil Procedure section 335.1. Property damage only is three years. If the at-fault driver was a government employee, a tort claim notice is due within six months.
This is the most common motorcycle crash and one of the easiest to prove liability. Vehicle Code section 21800 governs the duty to yield. The defense usually argues you were speeding or lane splitting unsafely, so we document your speed via accident reconstruction immediately.
Your own uninsured/underinsured motorist coverage applies. California Insurance Code section 11580.2 requires UM coverage on every policy unless waived in writing. UM also covers hit-and-run motorcycle accidents.
Pre-litigation cases resolve in 6 to 14 months once treatment finishes. Litigation cases run 18 to 30 months. Severe injury cases take longer because we wait for maximum medical improvement before demanding settlement.
No. Motorcycle injuries often appear minor for weeks then escalate. TBI symptoms can take 30 to 90 days to fully present. Settling before you know the full medical picture means you pay out of pocket for future treatment.
Yes. Disfigurement is a separate damages category under California pain-and-suffering rules. Visible scarring on the arms, legs, or face commands higher settlements. Document with photos at multiple stages of healing.
California has no statutory gear requirement beyond the helmet. Lack of jacket, gloves, or boots may be raised as comparative fault for road-rash damages but does not reduce damages for impact injuries. Your overall damages are still recoverable.
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