Motorcycle Accidents

Riders have no protection in a collision, and they often face a second injury afterward: bias. Insurers and even jurors may assume a motorcyclist was reckless. An experienced motorcycle accident lawyer knows how to counter that and prove what actually happened.

Smith Trial Group represents motorcycle riders and passengers injured across Orange County and Southern California. Our results include a $250,000 settlement for a rider who suffered a knee injury. Consultations are free, and we work on contingency.

On this page: Common causes · California riding laws · Overcoming rider bias · Injuries and compensation · Deadlines · FAQ

Common Causes of Motorcycle Accidents

• Drivers turning left in front of an oncoming motorcycle
• Unsafe lane changes and failure to check blind spots
• Rear-end collisions at lights and in slowing traffic
• Car doors opened into a rider’s path
• Distracted and impaired drivers
• Potholes, gravel, and uneven pavement

California Motorcycle Laws

California recognizes lane splitting, riding between lanes of slowed or stopped traffic, as legal, and the California Highway Patrol publishes safety guidance for it. California also requires all riders and passengers to wear a DOT-compliant helmet. Not wearing a helmet does not prevent you from recovering, though an insurer may argue it affected your injuries.

Overcoming Bias Against Riders

The way to beat bias is with evidence: scene measurements, vehicle damage, video, witness statements, and when necessary, accident reconstruction experts. We build the case so that the focus stays on the driver who caused the crash.

Injuries and Compensation

Motorcycle crashes frequently cause fractures, road rash and skin grafts, spinal injuries, and traumatic brain injuries. Recoverable damages include medical care, future treatment, lost earnings, pain and suffering, and the cost of repairing or replacing your bike and gear.

Filing Deadlines

California generally allows two years from the date of injury to file a personal injury lawsuit. When a city, county, state agency, or public transit district is involved, a formal government claim usually must be filed within six months. Evidence fades quickly, so it is best to speak with a lawyer as soon as possible.

Helpful resources: California Highway Patrol · California DMV

Lane Splitting

California was the first state to legally recognize lane splitting, meaning riding between lanes of slow-moving or stopped traffic. Lane splitting is legal when done safely, and insurers cannot treat it as automatic proof of fault. Drivers have a duty to check mirrors and blind spots before changing lanes, and a driver who cuts off or blocks a rider can be responsible for the crash.

Serious Motorcycle Injuries

Riders are far more likely than car occupants to suffer severe injuries, including traumatic brain injuries, spinal cord injuries, fractures, amputations and severe road rash. These injuries often require surgery, long rehabilitation and lifetime care, and the claim must account for all of it.

Insurance Issues for Riders

Many drivers carry only minimum liability coverage, which is rarely enough for a serious motorcycle injury. We look for every source of coverage, including the at-fault driver’s employer, commercial policies, and the rider’s own uninsured and underinsured motorist coverage under their motorcycle or auto policies. Riders should review their own UM/UIM coverage limits, which often make the biggest difference in serious cases.

The Helmet Question

California requires all riders and passengers to wear a DOT-compliant helmet. If a rider was not wearing a helmet, the defense may argue that some injuries would have been less severe, but that argument generally does not apply to injuries a helmet would not have prevented, such as leg and spinal injuries, and it does not excuse the driver who caused the crash.

High-Risk Roads for Riders

Many serious motorcycle crashes in Southern California happen on canyon and mountain roads such as Ortega Highway, Angeles Crest Highway and the canyon roads around Santa Clarita, as well as on congested freeways. See Temecula and Murrieta and Santa Clarita injury pages.

Results

Our firm obtained a $250,000 settlement for a rider who suffered a knee injury in a motorcycle crash. Results depend on the facts of each case. See case results.

Frequently Asked Questions

I was lane splitting when I was hit. Can I still recover?

Yes. Lane splitting is legal in California, and the question is whether it was done safely and who caused the crash. Even if you share some fault, California’s comparative fault rule allows recovery.

What if the driver who hit me has no insurance?

Your own uninsured/underinsured motorist coverage may apply. We review every available policy.

Related guides: What to do after a car accident · Dealing with the insurance adjuster