Motorcycle Accident Claims

Personal Injury

California Motorcycle Accident Law

California is home to more registered motorcycles than any other state, and with that comes a disproportionate share of motorcycle accidents. Unlike car occupants protected by steel frames, airbags, and seatbelts, motorcyclists have virtually no barrier between their bodies and the road. At The Law Offices of Farris Ain, we understand the unique legal and practical challenges that motorcycle accident victims face, and we fight aggressively to overcome the bias that riders routinely encounter.

Lane Splitting in California

California is the only state in the nation that explicitly permits lane splitting—the practice of riding a motorcycle between lanes of slow-moving or stopped traffic. Under California Vehicle Code § 21658.1, lane splitting is legal when done in a safe and prudent manner.

While the law does not define specific speed limits for lane splitting, the California Highway Patrol (CHP) has issued guidelines recommending that riders:

• Travel no more than 10 mph faster than surrounding traffic
• Avoid lane splitting when traffic is moving at 30 mph or faster
• Use caution at intersections, lane changes, and near freeway on/off ramps

When an accident occurs during lane splitting, insurance companies frequently argue that the motorcyclist was riding recklessly. An experienced attorney knows how to counter this argument by demonstrating that the rider was operating within the law and established safety guidelines.

California’s Helmet Law

Under California Vehicle Code § 27803, all motorcycle riders and passengers are required to wear a U.S. DOT-compliant helmet at all times while riding. Failure to wear a helmet can be used by the defense to argue that the rider’s injuries were worsened by their own negligence, potentially reducing the damage award under California’s comparative fault rules.

Pure Comparative Fault

California follows a pure comparative negligence standard under Civil Code § 1714. This means that even if a motorcyclist is found to be partially at fault for an accident, they can still recover damages—reduced by their percentage of fault. If you are found 20% at fault and your damages total $500,000, you would still recover $400,000.

This is particularly important in motorcycle cases because insurance adjusters and defense attorneys routinely try to shift blame to the rider. Common tactics include arguing that the rider was speeding, lane splitting unsafely, or failed to take evasive action. An attorney experienced in motorcycle accident litigation knows how to expose these arguments and protect your right to full compensation.

Common Causes of Motorcycle Accidents

Based on our experience, the most dangerous scenarios for motorcyclists include:

Left-Turn Accidents

The single most common type of motorcycle accident occurs when a car or truck makes a left turn in front of an oncoming motorcycle. Drivers frequently fail to see motorcycles or misjudge their speed, turning directly into the rider’s path. These collisions are often devastating because the motorcyclist has no time to react.

Lane-Change Collisions

Motorcycles are smaller and can easily disappear into a vehicle’s blind spot. When drivers change lanes without properly checking their mirrors or blind spots, motorcyclists are often sideswiped or forced off the road.

Dooring Accidents

In urban areas, motorcyclists face the danger of car doors being opened directly into their path by parked vehicle occupants who fail to check for approaching traffic. Dooring accidents can cause the rider to be thrown from the motorcycle at high speed.

Road Hazards

Potholes, gravel, oil slicks, uneven pavement, and road debris that pose minor inconveniences to car drivers can be catastrophic for motorcyclists. When government entities fail to maintain safe road conditions, they may be held liable under premises liability principles.

Severity of Motorcycle Injuries

Without the protection of an enclosed vehicle, motorcyclists suffer injuries that are far more severe than those in typical car accidents. Common injuries include:

• Traumatic brain injuries — even with a helmet, the force of impact can cause serious brain and spinal injuries
• Spinal cord injuries — including partial and complete paralysis
• Road rash — severe abrasion injuries that may require skin grafts and can lead to permanent scarring
• Fractures — broken bones in the legs, arms, pelvis, ribs, and collarbone
• Internal injuries — organ damage from blunt force impact
• Amputation — loss of limbs from crushing injuries or secondary infection

Fighting Bias Against Motorcyclists

One of the most significant challenges in motorcycle accident cases is the pervasive bias against riders. Jurors, insurance adjusters, and even police officers often harbor assumptions that motorcyclists are reckless thrill-seekers who “assumed the risk” by choosing to ride. This bias can infect every stage of a case—from the initial police report to settlement negotiations to trial.

An experienced motorcycle accident attorney knows how to identify and counter this bias, humanize the rider, and present the facts in a way that holds the at-fault party accountable.

Statute of Limitations

The statute of limitations for motorcycle accident claims in California is two years from the date of the accident under CCP § 335.1. If a government entity is involved (road defect, government vehicle), a government tort claim must be filed within six months under Government Code § 911.2.

“Insurance companies love to blame the motorcyclist. We don’t let them get away with it. Every rider deserves an attorney who will fight the bias and pursue full compensation.”