If a driver caused your motorcycle crash, you can usually claim against that driver’s insurance, and the deadline to sue is two years in California and Texas and three years in Washington. In California, riding without the insurance the law requires can block your recovery for pain and suffering, so your own policy matters as much as the other driver’s.
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Why motorcycle claims are different
Riders take the worst of a crash. In 2024, 6,228 motorcyclists died on U.S. roads, about 16 percent of all traffic deaths, and per mile traveled riders were almost 27 times more likely than car occupants to die in a crash (NHTSA). Injuries are often serious and can include fractures, deep road rash, and spinal and brain injuries.
Riders also face a bias. Adjusters and jurors may assume a rider was reckless before they see any evidence. A strong claim answers that early with facts: the police report, witness statements, photos of where the vehicles ended up, video from nearby businesses and, where it exists, data from the other car.
Is lane splitting legal, and does it hurt my case?
In California, lane splitting is legal, and the Vehicle Code defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane (Veh. Code 21658.1, via CHP). The CHP also notes that a driver who intentionally blocks or impedes a rider in a way that could cause harm, or opens a door to impede one, is breaking the law. Because lane splitting is legal in California, it is not by itself a reason to deny a claim; the insurer may still argue the rider was not riding safely, which goes to shared fault.
Washington law differs. Every motorcycle is entitled to full use of a lane, but a rider may not pass in the same lane as the vehicle being passed (RCW 46.61.608). Washington also adds an extra fine for a driver who passes a motorcycle unsafely (RCW 46.61.110). Washington law also says a motorcycle may not be ridden between lanes of traffic or between rows of vehicles.
Do helmet laws affect my claim?
| State | Helmet rule | Source |
|---|---|---|
| California | Every rider and passenger must wear a helmet that meets U.S. DOT safety standards | Veh. Code 27803 |
| Texas | Required, except for riders 21 or older who completed a safety course or have qualifying health insurance | Transp. Code 661.003 |
| Washington | Required on state highways, county roads and city streets | RCW 46.37.530 |
Not wearing a helmet does not cause a crash, and it generally does not erase your claim. The insurer may argue that a head injury would have been less severe with a helmet, which can reduce that part of the damages under your state’s fault rule below.
How long do I have to file a motorcycle accident claim?
| State | Deadline to file a lawsuit | Source |
|---|---|---|
| California | 2 years from the injury | Code Civ. Proc. 335.1 |
| Texas | 2 years from the day the claim accrues | Civ. Prac. & Rem. Code 16.003 |
| Washington | 3 years for injury to the person | RCW 4.16.080 |
Gravel, potholes and uneven pavement can be more dangerous on two wheels than on four, and those claims may point at a city, county or state. Then the clock is much shorter. A California rider has six months to present a written claim to the public entity (Gov. Code 911.2). A Texas rider must give the governmental unit notice within six months, sooner if a city charter says so (Civ. Prac. & Rem. Code 101.101). A Washington rider files a claim with the local government and waits sixty days before suing (RCW 4.96.020).
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What if the insurer says I was speeding or at fault?
An insurer may claim the rider was speeding, sometimes with no proof beyond the driver’s word. Even when a rider was partly at fault, the claim usually survives. Example only: a California rider found 30 percent at fault would keep 70 percent of the damages the jury finds, because the state follows pure comparative negligence (B.B. v. County of Los Angeles). A Texas rider loses the claim only above 50 percent responsibility (Civ. Prac. & Rem. Code 33.001). Washington never bars the claim for shared fault; it only lowers the award (RCW 4.22.005).
Check your own insurance. In California, with limited exceptions, a person injured while operating a vehicle without the insurance the financial responsibility laws require cannot recover non-economic losses such as pain and suffering (Civ. Code 3333.4). Medical bills and lost wages can still be claimed. Bring your policy to the first call.
What to do now
- Get medical care, including for road rash, which can get infected.
- Do not repair the motorcycle or throw away your helmet and gear; they are evidence.
- Photograph the scene, skid marks, the other vehicle and your injuries.
- Get the police report number and witness contact details.
- Look for cameras at nearby stores and homes and ask for footage quickly.
- Do not give a recorded statement to the other driver’s insurer before getting advice.
- Call (310) 552-6959 for a free case review.
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The other side may already be calling your crash rider error. Call (310) 552-6959 or use the form below. You owe no fees or costs unless we win.
Common questions
Can I file a claim if I am undocumented?
Yes. Generally, your right to be paid for your injuries does not depend on your papers. In a California injury case the other side may not use your immigration status as evidence or demand information about it (Evid. Code 351.2).
How much does a motorcycle accident lawyer cost?
There is no fee set by law. Ask any lawyer for the percentage in writing, and compare: California requires that written contract to say the fee is negotiable and to explain how case costs come out of your share (Bus. & Prof. Code 6147). You owe no fees or costs unless we win.
What if I was a passenger on the motorcycle?
A passenger can generally claim against any driver at fault, including the rider who was carrying them. Insurance on the motorcycle may cover the passenger.
Do you take motorcycle cases in Texas?
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
What if the driver who hit me had no insurance?
Your own uninsured or underinsured motorist coverage may pay. Check whether you bought it on the motorcycle policy.
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Related pages
Accident Lawyer Guides · Los Angeles motorcycle accidents · Truck accident lawyer · Bicycle accident lawyer · Law Blog
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Sources
- NHTSA motorcycle safety (6,228 killed in 2024; 16% of traffic deaths; ~27x per VMT)
- CHP California Motorcyclist Safety (lane splitting legal; Veh. Code 21658.1 definition)
- Cal. Veh. Code 27803 (helmet)
- Cal. Civ. Code 3333.4 (uninsured operator, no non-economic damages)
- Cal. Code Civ. Proc. 335.1
- California Courts self-help (ES)
- Cal. Gov. Code 911.2
- Cal. Evid. Code 351.2
- Cal. Bus. & Prof. Code 6147
- B.B. v. County of Los Angeles (Cal. 2020)
- Tex. Civ. Prac. & Rem. Code 16.003
- Tex. Civ. Prac. & Rem. Code 33.001
- Tex. Civ. Prac. & Rem. Code 101.101
- Tex. Transp. Code 661.003 (helmet, exception at 21+)
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.96.020
- RCW 46.61.608 (motorcycles: full use of lane; no passing in same lane) via chapter 46.61
- RCW 46.61.110 (extra fine for unsafe passing of a motorcycle)
- RCW 46.37.530 (helmet)
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.