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California motorcycle accident lawyer
Riders have little protection in a crash, and injuries are often serious. Attorney Big Al represents people hurt in motorcycle crashes throughout California.
Free consultation. No attorney fee unless we win. How fees and costs work
The short answer
If a driver caused your motorcycle crash in California, that driver is responsible for the harm (Civil Code section 1714), which can include your medical bills, lost pay, pain and suffering, and the damage to your bike (Civil Code section 3333). California law recognizes lane splitting and requires helmets. If you were partly at fault, your recovery is reduced by your share, not barred. You generally have two years to file an injury lawsuit.
What riders should know
Lane splitting
Vehicle Code section 21658.1 defines lane splitting, riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and lets the CHP publish safety guidelines.
Helmets
Riders and passengers must wear a safety helmet that meets federal standards (Vehicle Code section 27803).
Shared fault
Under pure comparative fault, a rider who was partly at fault can still recover, reduced by that share (Li v. Yellow Cab Co., 1975).
What to do now
Get medical care
Right away, even if you can walk away. Head, back and internal injuries are not always obvious.
Report it
To the police at the scene, and to the DMV within 10 days if anyone was hurt (Vehicle Code section 16000).
Keep your gear
Don't repair or throw away your helmet, jacket or bike before they have been photographed. They show the force and direction of the impact.
Collect evidence
Photos of the scene, the vehicles and your injuries, and the names and numbers of witnesses.
Talk to a lawyer before the insurer
The firm handles all communication and negotiation with the insurance companies for its clients.
How long you have
| What | Deadline | Source |
|---|---|---|
| Lawsuit for an injury | Generally 2 years from the crash | Cal. Code of Civil Procedure § 335.1 |
| Claim against a city, county, state agency or other public entity (a government vehicle or a dangerous road) | 6 months, as a written claim, before any lawsuit | Cal. Government Code § 911.2 |
| Lawsuit for damage to your vehicle | Generally 3 years | Cal. Code of Civil Procedure § 338(c)(1) |
| Report to the DMV (form SR 1) if anyone was hurt or property damage to any one person was over $1,000 | 10 days | Cal. Vehicle Code § 16000 |
What a claim can cover
Medical expenses
Emergency care, surgery, rehabilitation and future treatment.
Lost wages
Income lost while you recover, and lost earning capacity.
Pain and suffering
Physical pain, emotional distress and reduced quality of life.
Property damage
Your motorcycle, helmet and riding gear.
Hurt on your bike? Call Big Al's office
Free consultation. No attorney fee unless we win. Attorney fees are on a contingency basis. Whether and how case costs are charged is set out in the fee agreement; ask us before you sign.
Questions people ask
Is lane splitting legal in California?
California law recognizes it. Vehicle Code section 21658.1 defines lane splitting (riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane) and lets the California Highway Patrol publish safety guidelines. Whether a rider split lanes safely can still come up when fault is decided.
Do I have to wear a helmet?
Yes. Riders and passengers must wear a safety helmet that meets federal standards (Vehicle Code section 27803).
Can I recover if the other side says I was partly at fault?
Yes. California uses pure comparative fault (Li v. Yellow Cab Co., 1975): your recovery is reduced by your share of the fault, not barred. Evidence of how the crash happened matters.
How long do I have to file a motorcycle accident claim?
Generally two years from the crash for an injury lawsuit (Code of Civil Procedure section 335.1), three years for damage to the motorcycle (section 338), and six months for a written claim against a public entity (Government Code section 911.2).
What does it cost to hire the firm?
The consultation is free, and you pay no attorney fee unless your case is won. Attorney fees are on a contingency basis. Whether and how case costs are charged is set out in the fee agreement; ask us before you sign.
Sources for this page
The law on this page was checked against these sources on November 11, 2026. It is general information, not legal advice for your case.
- Cal. Civil Code § 1714(a) (everyone is responsible for an injury caused to another by a want of ordinary care)
- Cal. Civil Code § 3333 (damages for a wrong not arising from contract: the amount that compensates for all the detriment it proximately caused)
- Cal. Vehicle Code § 21658.1 (defines lane splitting and lets the CHP publish safety guidelines)
- Cal. Vehicle Code § 27803 (riders and passengers must wear a safety helmet meeting federal standards)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault: damages are reduced by the injured person's share of fault, not barred)
- Cal. Vehicle Code § 16000 (report to the DMV within 10 days if anyone is hurt or killed, or property damage to any one person exceeds $1,000)
- Cal. Code of Civil Procedure § 335.1 (two years for injury or death caused by another's wrongful act or neglect)
- Cal. Code of Civil Procedure § 338(c)(1) (three years for injury to goods or chattels, such as a vehicle)
- Cal. Government Code § 911.2 (claim to a public entity for injury: six months after the cause of action accrues)