Injury Trial Lawyers is a San Diego law firm that represents riders hurt in motorcycle accidents. A California motorcycle accident claim is a personal injury claim against a driver or other party whose carelessness caused the crash, and most must be filed within two years (Code of Civil Procedure section 335.1). California law recognizes lane splitting (Vehicle Code section 21658.1), and riding without a helmet does not by itself bar a claim, though the other side may argue either one increased your share of fault. Claims involving a public agency have a shorter deadline; see our California injury claim deadlines explainer. Our office is open 24/7 and calls are answered at (619) 525-7007.
Why motorcycle crashes cause serious injuries
According to the NHTSA motorcycle safety page, 6,228 motorcyclists were killed in 2024, 16% of all traffic fatalities, and per vehicle mile traveled in 2024, motorcyclists were almost 27 times more likely than passenger car occupants to die in a crash and almost 5 times more likely to be injured. NHTSA also notes that most multi-vehicle motorcycle crashes generally happen when other drivers simply did not see the motorcyclist. See our pages on common motorcycle accident injuries and motorcycle accident death statistics.
What current federal data shows
The same NHTSA motorcycle safety data reports that 40% of motorcycle riders who died in single-vehicle crashes in 2024 were alcohol-impaired, that 35% of motorcycle operators involved in fatal crashes in 2024 were riding without a valid motorcycle license, and that DOT-compliant helmet use was 74% in 2023. These figures are national; they describe risk, not fault in any individual crash. In a claim, the question is what each person did in the moments before the collision.
Proving fault
Most motorcycle cases are negligence claims: the injured rider must show the other party was negligent, that the rider was harmed, and that the negligence was a substantial factor in causing the harm (CACI 400 in the 2026 CACI jury instructions). Jurors are instructed on a driver’s duty of care in CACI 700 (Basic Standard of Care) and on specific rules such as CACI 704 (Left Turns, Veh. Code § 21801), a common issue when a car turns across a rider’s path.
California motorcycle laws that affect a claim
- Lane splitting: Vehicle Code section 21658.1 defines lane splitting as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and lets the California Highway Patrol develop educational safety guidelines. The statute does not set a speed limit for lane splitting. Whether it was done safely can affect fault. See our article on proving negligence in a lane-splitting accident.
- Helmets: Vehicle Code section 27803 requires every driver and passenger on a motorcycle to wear a safety helmet that meets the requirements of section 27802, fastened with the straps and fitting securely. NHTSA advises using a helmet that meets Federal Motor Vehicle Safety Standard 218 (NHTSA helmet guidance). More on our California helmet laws page.
- Licensing: see our page on California motorcycle licensing requirements.
Shared fault
California uses comparative fault. If the injured rider was partly at fault, the recovery is reduced by the rider’s percentage of fault but is not barred (CACI 405, Comparative Fault of Plaintiff), and the jury can assign a percentage of responsibility to each party (CACI 406, Apportionment of Responsibility), both in the 2026 CACI jury instructions. A defendant may argue that not wearing a helmet made a head injury worse; that argument goes to the amount of fault, not whether a claim exists.
Damages in a motorcycle accident case
For head injuries, see our San Diego brain injury page ; for severe injuries, our catastrophic injury page . For the statewide rules, see our explainer on economic and non-economic damages.
Deadlines
Family members bringing a wrongful death claim face the same two-year rule; see our San Diego wrongful death page and losing a loved one in a motorcycle accident . the filing deadlines explainer, including government claims has the full background.
California law explained: motorcycle crash claims
A rider’s claim uses the same negligence rules as any vehicle crash, but several statutes come up far more often in motorcycle cases.
Right of way and lane rules
Many motorcycle crashes happen when a car turns left across the rider’s path. Vehicle Code section 21801 requires a driver turning left to yield to approaching traffic close enough to be a hazard (CACI 704). Vehicle Code section 21658 requires a vehicle on a road divided into lanes to stay as nearly as practical within one lane and not move until the move can be made safely, which applies to drivers changing lanes into a rider. Vehicle Code section 22350, the basic speed law, bars driving faster than is reasonable for conditions, a standard applied to both drivers and riders.
Lane splitting is legal but still judged by reasonableness
Vehicle Code section 21658.1 defines lane splitting and lets the California Highway Patrol develop educational safety guidelines, but it does not make lane splitting automatically safe or unsafe. A jury decides whether the rider and the driver each used reasonable care under CACI 700 (Basic Standard of Care), and assigns percentages of fault under CACI 405 and 406.
Violations of safety laws
If a driver broke a traffic law, such as failing to yield, and the violation caused the crash, Evidence Code section 669 lets the jury presume negligence (CACI 418). The same rule can be raised against a rider, for example for riding without a compliant helmet under Vehicle Code section 27803; in that case the defense still has to show the violation contributed to the injury.
Insurance: the rider’s own coverage matters
If the at-fault driver has no insurance or too little, a rider’s uninsured/underinsured motorist coverage under Insurance Code section 11580.2 may pay, subject to its own two-year deadline to sue, settle, or start arbitration. A rider who was uninsured at the time of the crash generally cannot recover noneconomic damages such as pain and suffering from the other driver under Civil Code section 3333.4 (Proposition 213), though medical bills and lost earnings remain recoverable.
Legislative history: California motorcycle laws
These facts come from the chaptered statutes and committee analyses on the California Legislative Information site.
- Lane splitting (2016). Assembly Bill 51 (2016) was chaptered on August 19, 2016 as Chapter 141, Statutes of 2016, and added Vehicle Code section 21658.1, effective January 1, 2017. It authorized the CHP to develop educational guidelines in consultation with the DMV, Caltrans, the Office of Traffic Safety, and a motorcycle safety organization.
- Why AB 51 was needed. The Senate Transportation and Housing Committee analysis (hearing of June 14, 2016) explains that the CHP posted lane-splitting guidelines on CHP and OTS websites in 2013 and they appeared in the 2014 DMV Motorcycle Handbook. After a complaint to the Office of Administrative Law that the guidelines were “underground” regulations, OAL found the CHP lacked authority to issue them, and the CHP, DMV, and OTS removed them. AB 51 supplied that authority.
- Helmet law. Vehicle Code section 27803 was last amended by Stats. 1997, Ch. 710, effective January 1, 1998. It requires helmets that meet the section 27802 standard and are fastened and fitted securely. Section 27802, which sets the helmet standard, was last amended by Stats. 1985, Ch. 163.
- Lane-use rule. Vehicle Code section 21658 was last amended by Stats. 1975, Ch. 450.
- Two-year deadline (2002). Senate Bill 688 (2002), Chapter 448, Statutes of 2002, added Code of Civil Procedure section 335.1, effective January 1, 2003, extending the injury and wrongful death lawsuit deadline from one year to two.
Motorcycle accident questions and answers
Is lane splitting legal in California?
California law recognizes lane splitting in Vehicle Code section 21658.1, and the statute does not set a speed rule. Whether it was done safely can affect fault.
Can I recover if I was not wearing a helmet?
Possibly. Helmets are required by Vehicle Code section 27803, and the other side may argue that not wearing one made the injuries worse. Under comparative fault (CACI 405), that can reduce, not erase, a recovery.
How long do I have to file a motorcycle injury claim in California?
Generally two years under Code of Civil Procedure section 335.1, and six months for a written claim against a public entity under Government Code section 911.2.
What if I was partly at fault?
Your damages are reduced by your percentage of fault under California’s comparative fault rule (CACI 405).
Who is at fault when a car turns left in front of a motorcycle?
Often the turning driver. Vehicle Code section 21801 requires a left-turning driver to yield to approaching traffic that is close enough to be a hazard. The rider’s speed and lane position can still be raised to argue shared fault.
Was lane splitting always legal in California?
Lane splitting was not expressly addressed by statute until Assembly Bill 51 (Stats. 2016, Ch. 141) added Vehicle Code section 21658.1, effective January 1, 2017. The law defines lane splitting and authorizes CHP safety guidelines; it does not set a speed limit.
What if the driver who hit me had no insurance?
Your own uninsured motorist coverage under Insurance Code section 11580.2 may apply. Report the crash to your insurer promptly; to preserve a UM claim you generally must sue, settle, or start arbitration within two years.
How do attorney fees work for a motorcycle accident case?
No attorney fee unless we recover. If there is no recovery, you owe no attorney fees and no case costs, as stated in your fee agreement.
How do I reach a San Diego motorcycle accident lawyer?
Injury Trial Lawyers is open 24/7, and calls are answered at (619) 525-7007.
This page is general information about California law, not legal advice.