California Motorcycle Accident Injury Attorneys

Fighting for Injured Motorcyclists Across California

Motorcycle accidents can be devastating, and because motorcycles offer fewer protections for riders than cars and other vehicles, collisions often result in extensive injury. Unfortunately, these types of accidents occur all too often when car and truck drivers fail to pay attention to motorcyclists on the road. If you or a loved one was involved in a motorcycle accident that resulted in bodily injury, emotional distress, or even death, our firm is here to help.

At BD&J, our team of skilled California motorcycle accident lawyers has helped thousands of injured victims fight for the fair compensation they are owed. When another person’s careless or reckless behavior causes an accident that leaves you injured, you shouldn’t have to suffer on your own. Let our firm stand up for your rights.

Key Takeaways

• Motorcyclists are more vulnerable and have a higher injury and fatality risk than car drivers and passengers.
• Despite a decrease, the state still ranks among the highest in the nation for motorcycle fatalities.
• Lane splitting is legal in California, but insurers frequently use it to argue comparative negligence and decrease settlements.
• California follows a pure comparative negligence rule, so you can still recover compensation even if you’re found partially at fault. Your share of fault reduces your award.
• In California, you generally have two years from the date of the crash to file a personal injury lawsuit and only six months to file a claim against a government entity.
• BD&J handles motorcycle accident cases on contingency: you pay nothing upfront and nothing until your case is resolved.

Motorcycle Accident Risks in California: What Riders Need to Know

California has some of the highest rates of motorcycle registrations in the U.S. (FHWA Statistics), and unfortunately, that means more crashes, too. In 2022, California experienced 634 motorcycle fatalities (California Office of Traffic Safety/CHP SWITRS). With heavy traffic in big cities like Los Angeles, motorcyclists are at a constant risk from distracted drivers, sudden lane changes, and blind spots. Many accidents occur at intersections or on freeways in moments where drivers fail to stop, speed, or violate lane-splitting laws.

Due to the lack of physical protection, even minor collisions can cause serious injuries to the rider. This is why working with an experienced motorcycle accident attorney is essential to your case; they know how to handle these unique challenges.

California Motorcycle Accident Statistics

The number of motorcycle accident in California tell a clear story: riders face a higher risk than drivers and passengers of enclosed vehicles. And that risk has only slightly declined in recent years.

• California recorded 583 motorcyclist deaths in 2023, down 10.2% from 649 in 2022. Still, motorcyclists made up 14% of all California traffic fatalities in 2023, despite making up only a small part of registered vehicles. (UC Berkeley SafeTREC)
• Nationally, 6,335 motorcyclists were killed in 2023: 15% of all U.S. traffic fatalities and the highest total ever recorded, up 1.3% from 2022. (NHTSA)
• Motorcyclist fatality rate was 66.57 per 100,000 registered motorcycles nationwide in 2023 (down slightly from 68.05 in 2022), but the rate per 100 million vehicle miles traveled climbed from 26.30 to 31.39. That means the miles motorcyclists log are still far more dangerous than miles driven in a car. (NHTSA)
• Helmet use was 73.8% in 2023, one of the highest rates recorded. (NHTSA)
• 10% of fatal motorcycle crash locations in 2023 happened on interstates, with the rest split across other freeways, local streets, and minor arterial’s. A reminder that risk isn’t confined to any single type of road. (NHTSA)
• California has trained over 1.5 million riders through the California Motorcyclist Safety Program since 1987, administered by the CHP. (CHP)

California’s Universal Helmet Law

California is one of the states that requires every rider and passenger, regardless of age or experience, to wear a DOT-compliant safety helmet at all times while riding a motorcycle, under Vehicle Code § 27803. Riding without a properly fastened helmet is a citable offense on its own.

If you were injured and not wearing one, an insurance company can try to use that detail to argue that you are partially at fault for the severity of your head and face injuries, even if the crash was completely the other driver’s fault. An experienced attorney can push back on these arguments and keep the focus on who caused the collision.

Common Causes of Motorcycle Accidents

Motorcycle accidents are often the fault of other drivers. Motorcycles are smaller and faster than cars, and drivers do not always look for motorcyclists before changing lanes, turning, or stopping at red lights. Additionally, debris and unsafe road conditions can be far more dangerous for motorcyclists than the average auto driver.

Some common causes of motorcycle accidents include:

• Sudden stop collisions – This occurs when a vehicle rear-ends a motorcycle rider from behind. This can cause the rider to be catapulted off their bike, leading to severe injuries.
• Collisions with cars and trucks – Anytime a vehicle collides with a motorcycle
• Single motorcycle accidents – Whether you’re an experienced or novice bike rider, you are susceptible to any form of accident. These accidents can happen anytime, anywhere, and riders should always be ready in case an accident does occur.
• Open door accidents – Many drivers do not keep an open eye out for motorcycle riders who are lane-splitting or riding normally through traffic. When you lane-split between vehicles, a random vehicle opening its door in the middle of the road and hitting you is a possibility. This type of accident can send riders flying off their bike, or worse, dying from severe injuries.
• Road rage and aggressive maneuvering – Oftentimes, road rage occurs because motorists grow impatient or because one wants to intimidate the other for petty reasons. This can occur when motorists try to intentionally block motorcycle riders from passing by.
• Hazardous weather and highways – Rain, snow, sleet, hail, fires, oil slicks, potholes, and debris on the road are all contributors to motorcycle accidents.

Nearly all motorcycle accidents are serious. You may be suffering not only from painful physical injuries, but also financial stress due to mounting medical bills, lost wages, and an inability to return to work. These are all compounded by the emotional trauma of suffering a devastating accident.

Safety Reminders for Motorcyclists

Follow these safety steps each time you ride a motorcycle:

• Stay vigilant at all times and always wear bright, noticeable gear.
• Don’t become overzealous with your motorcycle and start trying to do dangerous maneuvers in traffic.
• When at a complete stop, make sure you are paying attention to approaching vehicles.
• Do not cut off vehicles while in moving traffic — you may get clipped in the rear and spin out of control, or worse.

What Makes Motorcycle Injury Cases Different?

Motorcycle cases often require a different approach than car accidents. Insurance companies often try to blame the rider or downplay the severity of the injuries to weaken the case. Motorcycle accident attorneys in California know how to fight against these tactics. They work with specialists, medical experts, and investigators to strengthen your case and prove fault.

Common Motorcycle Accident Injuries

Motorcycle accidents are more likely to result in serious injuries than other types of collisions. This is usually due to the lack of protection bikes offer compared to other vehicles. Common injuries include:

• Road rash: This happens when the rider slides across the pavement, causing severe skin abrasions that can lead to infections and scarring.
• Fractures: Broken bones, particularly in the arms, legs, and ribs, are caused by impact with other vehicles and the road.
• Head injuries: Even with a helmet, riders can suffer concussions or traumatic brain injuries. These can have long-term effects that require costly therapy.
• Spinal cord injuries: Damage to the spinal cord can result in catastrophic injuries, including partial or complete paralysis, significantly altering the victim’s life.
• Internal injuries: The impact of a crash can cause internal bleeding and/or organ damage, which almost always requires immediate medical attention.
• Burn injuries: Fires, hot engine components, and fuel-related explosions can cause severe burns that may require emergency care, grafting, and long-term treatment.

How to Find the Right Motorcycle Accident Lawyer in California

Choosing the right attorney is one of the most important decisions after a crash. Make sure to look for an attorney who has experience with motorcycle cases. Not all personal injury lawyers understand the dangers that come with riding.

An attorney should have a track record of success, as well. Make sure to ask about past verdicts or settlements in motorcycle cases. Look for a lawyer who offers clear communication. You want someone who explains the process, answers questions, and won’t leave you in the dark.

At BD&J, our motorcycle accident attorneys are committed to protecting riders’ rights and helping them recover and receive the compensation they deserve.

How to File a Motorcycle Accident Claim in California

Every motorcycle accident is different, but most successful claims in California follow the same basic sequence. Here’s how the process typically works, from the moment of the crash through resolution of your claim:

1. Seek medical attention immediately. Call 911 or go to an emergency room as soon as possible, even if you don’t feel pain or discomfort. Spikes in adrenaline can mask serious injuries, but a documented medical record from the day of the crash can serve as key evidence for your claim.
2. Report the accident to the police. California law requires a police report for collisions involving injury, death, or more than $1,000 in property damage. Request a copy of the report once it’s filed.
3. Try your best to document the scene. Take photos of how vehicles are positioned, road conditions, skid marks, your gear and injuries, and any traffic signals or signage. Collect names and contact information for witnesses.
4. Notify your insurance company, but don’t give a recorded statement. You’re generally required to report the accident to your own insurer, but you’re not required to give a detailed recorded statement to the other driver’s insurance company. Doing so before speaking with an attorney can hurt your claim.
5. Complete your medical treatment. Follow your doctor’s treatment plan through to completion. Gaps in treatment or premature settlement offers before you’ve reached maximum medical improvement can undervalue your claim.
6. Consult a motorcycle accident attorney. An attorney can evaluate liability, identify all available insurance coverage, and start building your case with accident reconstruction and medical experts if needed.
7. Let your attorney negotiate with the insurance company. Your lawyer will present a demand backed by medical records, wage-loss documentation, and evidence of fault, and negotiate toward a fair settlement.
8. File your lawsuit within the statute of limitations, if needed.If a fair settlement can’t be reached, your attorney can file a lawsuit. In California, you generally have two years from the date of the crash to do this under Code of Civil Procedure § 335.1, or six months to file a claim if a government entity is involved.

A motorcycle accident attorney handles each of these steps for you, so you can focus on recovery. Our team is available 24/7, and you pay nothing upfront.*

Determining Fault in Motorcycle Accidents

It can be difficult to determine fault in motorcycle accidents. This affects how your case is resolved, and whether you can get the compensation you deserve for an accident you didn’t cause.

A skilled motorcycle accident attorney can help you through the process by investigating the facts of your case. They’ll gather information about your version of the events and help you secure the compensation necessary to cover medical bills and lost income from the accident.

How California’s Comparative Fault Law Affects Your Motorcycle Claim

California’s shared fault system (often called comparative negligence) means you can still recover compensation even if you were partially at fault for the crash—but your damages may be reduced by your percentage of fault. For example, if an insurer argues that you were 20% responsible, they may try to reduce your recovery by 20%. An experienced attorney can challenge unfair blame and protect the value of your claim.

Lane Splitting in California

One of the more unique aspects of motorcycle law in California is the legality of lane splitting. Lane splitting allows motorcyclists to ride between lanes of slow-moving or stopped traffic. While this is generally legal under California Vehicle Code Section 21658.1, there are times when it can affect your claim.

If you’re involved in an accident while lane splitting, the circumstances surrounding the maneuver will be closely examined to determine fault. Safe versus unsafe lane splitting can become a comparative negligence argument, with insurers claiming the rider’s speed, positioning, or timing contributed to the crash, even when the driver’s inattention or unsafe lane change caused the collision. This is why you need an experienced motorcycle injury lawyer in California to help navigate these complexities and ensure your rights are protected.

What Compensation Can You Recover After a California Motorcycle Accident?

If you’re injured in a motorcycle accident, you may be entitled to various kinds of compensation. Knowing what these are can help you recover financially after an accident.

The best injury lawyers work to secure these types of compensation for their clients:

• Medical expenses: This includes all current and future medical costs related to the accident, such as hospital bills, surgeries, rehabilitation, and potentially expensive prescription medication.
• Lost wages: If the injuries prevent you from working, you may be able to claim compensation for lost income and any future earnings you may be unable to earn.
• Pain and suffering: This refers to non-economic damages for the physical pain and emotional distress caused by the accident, including loss of enjoyment of life.
• Property damage: Reimbursement may be available for repairs or replacement of the motorcycle and any other damaged property, including seeking the maximum value for a totaled bike.
• Loss of consortium: This compensation is for the impact the injuries have on the victim’s relationship with their spouse or family.
• Uninsured/underinsured motorist coverage: If the driver who hit you has no insurance (or not enough), your own policy may provide coverage that can help pay for your losses.

Motorcycle law is complicated, even by the standards of accident investigations and car crash lawsuits. If you want to increase your chances of receiving compensation after a motorcycle crash, you may need an experienced motorcycle accident attorney on your side. It’s essential to look for an attorney with a proven track record of success with cases like yours.

Frequently Asked Questions

What should I do immediately after a motorcycle accident?

The first step is to get medical attention, even if you feel fine. Next call the police to report the accident and obtain an official report. Take photos of the scene, collect witness information, and avoid making statements until you speak with an attorney. How long do I have to file a motorcycle accident claim in California?

The statute of limitations for personal injury claims in California is two years from the date of the accident. If your claim involves a government entity, such as unsafe road conditions, you may need to take action within 6 months.

What damages can I recover after a motorcycle crash?

You may be entitled to compensation for medical expenses, lost wages, future loss of wages, rehabilitation costs, pain and suffering, and property damage. In extreme negligence cases, punitive damages may also be available.

What are punitive damages?

Punitive damages are additional financial compensation awarded by a court verdict to punish a party for excessive negligence, carelessness, recklessness, or malice. How much does it cost to hire a motorcycle accident attorney in California?

Most motorcycle accident attorneys work on a contingency fee basis, meaning you pay nothing up front. This allows accident victims to pursue justice without financial barriers.

Do I have to call the police after a motorcycle accident?

State law says that all motorists involved in an accident in which there is an injury, death, or vehicle damage totaling more than $1,000 must report the accident to the police. Because you should never assume there are no injuries, it is safest to always report the accident. Can I still recover compensation if I was partially at fault for the accident?

Yes. Under California’s comparative negligence rules, you may still be able to recover compensation even if you were partially at fault. However, the amount you recover can be reduced by your percentage of responsibility.

What if the driver who hit me doesn’t have insurance?

You may still have options. Depending on the facts, uninsured/underinsured motorist coverage on your own policy may help cover medical bills, lost wages, and other damages. A lawyer can also investigate other responsible parties and available insurance coverage.

Is lane splitting legal in California, and can it affect my claim?

Lane splitting is generally legal in California under California Vehicle Code Section 21658.1. However, insurers often scrutinize whether lane splitting was done safely and may argue comparative negligence to reduce your compensation based on speed, traffic conditions, and how the maneuver was performed.

What happens if the driver who hit me flees the scene (hit-and-run)?

Report the crash to the police immediately, even if you don’t have the other driver’s information. An official report creates a record that can support both a criminal investigation and your civil claim. Noting the vehicle’s color, make, model, direction of travel, and any part of the license plate you saw is also helpful and try to ask nearby businesses or homes about surveillance footage.

If the driver is never identified, your own uninsured motorist coverage may still apply, since a hit-and-run driver is legally treated the same as an uninsured driver in most California policies. An attorney can help you pursue that coverage while continuing to investigate.

How Our Firm Can Help

At BD&J, we believe that you shouldn’t have to suffer on your own. Our California motorcycle accident lawyers are prepared to take on the liable insurance companies to work towards recovering the full, fair amount you are owed.

Getting Started with BD&J

• Reach out anytime. Call or message us 24/7 to get started: Contact us for a free, confidential case evaluation.
• Share what happened. Tell us where the crash occurred, what injuries you’re dealing with, and what the insurance company has said so far.
• Let us build the case while you focus on recovery. Our legal team will investigate, gather evidence, coordinate experts, and pursue maximum compensation on your behalf.

When you hire BD&J, we take on the legal and insurance burden so you can focus on treatment and recovery. Our process can include investigating the crash, preserving and gathering evidence, working with accident reconstruction analysts and forensic engineers, coordinating with trauma doctors, neurologists, and motorcycle mechanics, and documenting the full impact of your injuries. We handle insurance negotiations, challenge comparative negligence arguments, and prepare every case as if it will go to trial, so the other side knows we’re ready to fight for you.

While financial reparation won’t negate your suffering, it can help you in your recovery by allowing you access to the medical treatments you need. At our Los Angeles office, we provide our outstanding legal services on a contingency-fee basis in order to ease the financial burden you are facing.

BD&J is available 24/7, with over 20 years in California and more than $3 billion* recovered.