Switching Motorcycle Accident Lawyers in California

Your right to change motorcycle crash lawyers

California treats the choice of lawyer as yours. In Fracasse v. Brent, the state Supreme Court held that a client can discharge a lawyer at any time. A contingency lawyer you let go is paid the reasonable value of the work, and only out of a recovery. There is no penalty for changing your mind.

Motorcycle riders tend to face more blame from insurers than drivers do. If your claim has stalled because the adjuster decided you were reckless and your lawyer seems to agree, a second opinion is reasonable. Start with our California page on how to switch injury lawyers.

Lane splitting under California law

California writes lane splitting into its Vehicle Code. Section 21658.1 defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and it allows the CHP to develop safety guidelines for it. Insurers still raise lane splitting in almost every case where the rider was between lanes.

Being between lanes does not end your claim. California uses pure comparative fault under Li v. Yellow Cab Co., so the question is what share of the crash, if any, belongs to you. A driver who changes lanes without looking or opens a door into traffic carries that fault. A new lawyer needs the scene measurements, the traffic speed at the time and any video to answer the insurer with facts.

Helmet arguments and your head injury claim

Vehicle Code § 27803 requires every rider and passenger in California to wear a safety helmet that meets the state standard, fastened and fitted. If you were not wearing one, or the insurer claims your helmet did not meet the standard, expect them to argue that some of your head injury damages are your fault.

That argument only reaches injuries a helmet would have prevented. It has no bearing on a broken leg or a shoulder injury. Keep the helmet you were wearing, even if it is cracked. Do not throw it away or hand it over at a store. A damaged helmet can show that it met the standard and took the impact. Our helmet law FAQ covers the rules in each state we serve.

What a new lawyer must catch up on in a motorcycle case

• Where the motorcycle is now. Insurers often total a bike and send it to auction, and with it goes proof of the point of impact.
• Your riding gear, boots and helmet, kept as they were after the crash.
• Data from the bike, a phone app or a helmet camera, if you used one.
• The traffic collision report and whether it repeats the other driver’s version without measurements.
• Road conditions such as gravel, potholes or missing signs, which can point to a public agency.
• Your medical records, including scans and any surgery recommendation, and every lien that will be paid from the case.
• Your own policy for uninsured and underinsured motorist coverage, which matters a lot when the driver who hit you has low limits.

Deadlines while you change lawyers

Most motorcycle injury lawsuits in California must be filed within two years under Code of Civil Procedure § 335.1. If a road defect or a government vehicle was part of the crash, a written claim to that agency is usually due within six months under Government Code § 911.2. Switching lawyers does not stop either clock, and a late government claim is hard to fix.

What it costs to switch to Beverly Law

Moving your motorcycle case to us does not increase what you pay in attorney fees. The former lawyer’s fair share for their work is paid out of our fee. Costs that firm advanced, such as reports or records, are usually repaid from the recovery like any case cost. You owe us no fee and no costs if we do not win.

A short warning: if a release is already signed and the settlement check has cleared, the claim is generally over and no lawyer can start it again. If you are still deciding, read about what affects motorcycle claim value before you sign anything.

How we take over

After you sign, we notify your former lawyer and the insurers in writing and request the full file. We confirm where the bike is and ask that it be held. If a lawsuit is open, we prepare and file the substitution of attorney. The old firm sends its fee claim to us, not to you. Free reviews in English or Spanish at (310) 552-6959, any day.

Sources

1. Fracasse v. Brent (1972) 6 Cal.3d 784 (scocal.stanford.edu)
2. Cal. Veh. Code § 21658.1
3. Cal. Veh. Code § 27803
4. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (scocal.stanford.edu)
5. Cal. Code Civ. Proc. § 335.1
6. Cal. Gov. Code § 911.2
7. Cal. Code Civ. Proc. § 284
8. Cal. Civ. Code § 1541