By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a motorcycle crash?
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What to do after a motorcycle crash in California
- Get checked the same day. Riders absorb the impact with their own bodies. Fractures, internal injuries and head injuries can feel minor for the first hours. A gap before the first doctor visit is the first thing an adjuster points to.
- Get a police report. Ask for the report number and the officer’s name before you leave the scene, or call the next day to get it.
- Keep your helmet, jacket, gloves and boots as they are. Do not repair or throw them out. Scrapes and cracks show where you hit, and the helmet itself answers any argument about head protection.
- Photograph everything. The bike, the other vehicle, skid marks, debris, the lane lines, traffic signals and your injuries over the following weeks.
- Find the video. Dashcams, helmet cameras, doorbell cameras and businesses along the road record over footage quickly. Ask for it in writing within days.
- Do not give a recorded statement to the other driver’s insurer, and do not guess about your speed. Report the crash to your own insurer, because your uninsured and underinsured motorist coverage may be needed.
Who can be held responsible
The other driver. Most motorcycle claims are against a driver who turned left across the rider’s path, changed lanes without checking, ran a light, opened a door, or rear-ended a rider stopped in traffic. Our page on left-turn crashes explains how fault is decided when a driver turns in front of oncoming traffic.
The owner of the vehicle and the driver’s employer. If the driver was working, the employer and its insurance are usually part of the claim. Crashes with large trucks are covered on our California truck accident lawyer page.
Someone who left a hazard on the road. In August 2026 a 60-year-old rider was killed on the 405 in Sherman Oaks when a tire came loose from another vehicle and crossed the center divider (our news report). The owner and anyone who serviced that vehicle can be responsible.
A public agency. A city, county or state vehicle, or a dangerous condition on a public road, puts you on a shorter clock: the written claim is due no later than six months after the crash (Gov. Code § 911.2). Our page on claims against a city or county vehicle covers the steps.
A manufacturer. Brakes, tires and other parts that fail can bring in the company that made or sold them.
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California’s deadline and fault rule
Two years to sue. A lawsuit for an injury or a death caused by someone’s negligence must be filed within two years (CCP § 335.1). For a family that lost a rider, see the wrongful death deadline in California.
Pure comparative fault. California dropped the old all-or-nothing rule in 1975. A rider who is partly at fault still recovers, reduced by his or her percentage (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Under the standard jury instruction, the defense has to prove both that you were negligent and that your negligence was a substantial factor in causing the harm; the judge then reduces the damages by your percentage (CACI No. 405). A rider found 20% at fault on $500,000 in damages recovers $400,000. Our page on comparative fault in California, Texas and Washington shows how this compares with the other two states.
Lane splitting is legal in California
California defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, on divided and undivided roads. The same statute lets the California Highway Patrol write educational guidelines, in consultation with the DMV, Caltrans, the Office of Traffic Safety and a motorcycle safety organization (Veh. Code § 21658.1). It does not set a speed limit for splitting.
The CHP released guidelines in 2018. They warn that danger increases as overall speed increases and as the speed difference between the rider and traffic grows, and that splitting between the far left lanes is typically safer than between other lanes (KSBY report on the CHP guidelines).
In a claim, the insurer will still argue about how fast you were going and whether traffic was moving. A driver who drifts or swerves into a rider who is legally splitting can carry most or all of the fault. See lane-splitting motorcycle crash: who is at fault?
Helmets and your claim
Every driver and passenger on a motorcycle, motor-driven cycle or motorized bicycle must wear a helmet that meets state standards, fastened with its straps and sized to fit without excessive movement (Veh. Code § 27803). Compliance is high. NHTSA counted 522 motorcyclists killed in California in 2024, and only 8% of those with known helmet use were unhelmeted (NHTSA, Motorcycles: 2024 Data).
Can riding without a helmet reduce your recovery? It can, through the comparative fault rule. Section 27803 says nothing about civil cases. So the defense has to treat a missing helmet like any other claimed negligence and prove it was a substantial factor in causing the harm (CACI No. 405). That argument reaches head and face injuries at most. A broken leg, a crushed hand or a spinal injury is not changed by a helmet, and the defense usually needs a medical or engineering expert to tie the helmet to a specific injury. More on all three states: motorcycle helmet laws in California, Texas and Washington.
Insurance: minimums, uninsured drivers and Proposition 213
- Minimum liability limits. For policies issued or renewed on or after January 1, 2025, drivers must carry at least $30,000 per person and $60,000 per accident for injury or death, and $15,000 for property damage. Those minimums rise again for policies issued or renewed on or after January 1, 2035 (Veh. Code § 16056). For a rider with surgery, $30,000 is rarely enough.
- Your own uninsured and underinsured motorist coverage. Auto liability policies must include uninsured motorist coverage unless the named insured deleted or reduced it in a written agreement. Underinsured coverage pays only after the at-fault driver’s limits are used up, and it is reduced by what the people responsible already paid you (Ins. Code § 11580.2(a), (p)). Check the declarations page of your motorcycle policy.
- The UM deadline is different. Within two years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or formally start arbitration by certified mail (Ins. Code § 11580.2(i)). See hit by an uninsured driver in California and making an underinsured motorist claim.
- Keep your own bike insured. Under Proposition 213, a person injured while driving or owning an uninsured vehicle involved in the crash cannot recover non-economic damages such as pain and suffering, and neither can a driver convicted of DUI for that crash. An uninsured owner hit by a driver convicted of DUI is the one exception (Civ. Code § 3333.4). Medical bills and lost wages are still recoverable.
California motorcycle crash numbers
- The Office of Traffic Safety reports 649 motorcyclists killed in California in 2022 and 583 in 2023, based on SWITRS and FARS data (OTS Quick Stats).
- In 2023 motorcyclists were 14% of all motor vehicle deaths in the state. Los Angeles County had the most motorcyclist deaths (125) and serious injuries (754), followed by San Diego (52 deaths, 317 serious injuries), Riverside (50, 210), San Bernardino (48, 179) and Orange (42, 140), according to UC Berkeley SafeTREC’s fact sheet prepared with OTS (SafeTREC 2025 fact sheet).
- NHTSA counted 522 motorcyclists killed in California in 2024. Of 507 riders killed, 26% had a blood alcohol level of .08 or higher (NHTSA).
Our news desk reports these crashes as they happen, such as a rider killed after a collision at Atlantic Avenue in Long Beach and a rider who died after colliding with an SUV on Seventh Avenue in Hesperia. We also have local pages for motorcycle crashes in Los Angeles, Santa Ana, Perris, Palm Springs, Hesperia, Victorville, Adelanto and Moorpark.
California compared with Texas and Washington
Beverly Law handles motorcycle cases in all three states. The rules that change the outcome most:
| State | Deadline to sue | Your share of fault | Helmet law | Lane splitting | Minimum liability insurance |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1); 6 months for a claim against a public entity (Gov. Code § 911.2) | Reduces the award, never bars it (Li v. Yellow Cab) | Every rider and passenger (Veh. Code § 27803) | Legal; defined by statute (Veh. Code § 21658.1) | $30,000 / $60,000 / $15,000 for policies issued or renewed since Jan. 1, 2025 (Veh. Code § 16056) |
| Texas | 2 years (CPRC § 16.003); 6-month notice to a government unit (CPRC § 101.101) | Barred if more than 50% (CPRC § 33.001) | Under 21 always; 21 and older exempt with a safety course or qualifying health insurance (Transp. Code § 661.003) | Illegal since Sept. 1, 2023 (Transp. Code § 545.0605) | $30,000 / $60,000 / $25,000 (Transp. Code § 601.072) |
| Washington | 3 years (RCW 4.16.080(2)); a claim must be filed first against a local government (RCW 4.96.020) | Reduces the award, never bars it (RCW 4.22.005) | Every rider and passenger (RCW 46.37.530) | Illegal; no filtering law (RCW 46.61.608(3)) | $25,000 / $50,000 / $10,000 (RCW 46.29.090) |
Related pages
- Texas motorcycle accident lawyer
- Washington motorcycle accident lawyer
- Lane-splitting motorcycle crash: who is at fault?
- Motorcycle helmet laws in California, Texas and Washington
- What is a motorcycle accident claim worth?
- Hit by an uninsured driver in California
- California truck accident lawyer
Common questions
How long do I have to sue after a motorcycle accident in California?
Two years from the crash for an injury lawsuit (Code of Civil Procedure section 335.1). If a public agency is involved, a written claim is due within six months (Government Code section 911.2). An uninsured motorist claim has its own two-year rule: sue the driver, settle, or start arbitration by certified mail within two years.
Is lane splitting legal in California?
Yes. Vehicle Code section 21658.1 defines lane splitting and lets the CHP issue safety guidelines. It sets no speed limit. A rider who was splitting lanes can still recover, and fault depends on how each person was riding and driving.
I was not wearing a helmet. Can I still recover?
Yes. California uses pure comparative fault, so a missing helmet can at most reduce your recovery. The defense must prove it was a substantial factor in causing a specific injury, which usually limits the argument to head and face injuries.
My motorcycle insurance had lapsed. Do I still have a claim?
You can still recover medical bills and lost wages. Under Civil Code section 3333.4 (Proposition 213), an uninsured owner or driver generally cannot recover pain and suffering, with an exception for an uninsured owner hit by a driver convicted of DUI.
The driver who hit me only has the minimum policy. What now?
Look at your own underinsured motorist coverage. It applies after the driver’s limits are paid and is reduced by what the at-fault side paid. An employer, a vehicle owner or a public agency may also be responsible.
How much is a California motorcycle accident case worth?
It depends on the injuries, medical care, lost work, the available insurance and any share of fault. Our page on motorcycle claim value walks through each factor.
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Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Gov. Code § 911.2
- Cal. Veh. Code § 27803 (helmets)
- Cal. Veh. Code § 21658.1 (lane splitting)
- Cal. Veh. Code § 16056 (minimum insurance)
- Cal. Ins. Code § 11580.2 (UM/UIM)
- Cal. Civ. Code § 3333.4 (Proposition 213)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- CACI No. 405, Comparative Fault of Plaintiff
- KSBY, CHP releases lane-splitting guidelines (Sept. 30, 2018)
- California Office of Traffic Safety, Quick Stats
- UC Berkeley SafeTREC, 2025 Traffic Safety Facts: Motorcycle Safety
- NHTSA, Traffic Safety Facts: Motorcycles, 2024 Data (DOT HS 813 824, July 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.