California has more registered motorcycles than any other state — over 900,000 as of 2025 — and one of the most active riding cultures in the country.
Unfortunately, it also leads the nation in motorcycle-related injuries and fatalities.

Because motorcyclists have little physical protection, they are 28 times more likely to die and 4 times more likely to be seriously injured than occupants of passenger vehicles, according to NHTSA data.

These risks are magnified by factors like driver inattention, unsafe lane changes, speeding, and poor road design

Helmet Law (Vehicle Code §27803)

All motorcycle riders and passengers in California must wear a U.S. DOT–approved helmet at all times.
Failure to wear a helmet may not automatically bar recovery, but under comparative fault (CACI 405), a jury can reduce damages if lack of a helmet contributed to the severity of the injury.

Lane Splitting (Vehicle Code §21658.1)

California is the only state where lane splitting — riding between lanes of slow or stopped traffic — is explicitly legal.
However, it must be done safely. The California Highway Patrol (CHP) advises:

• Do not exceed 10–15 mph faster than surrounding traffic.
  
• Avoid splitting at speeds above 30 mph.
  
• Never split near large vehicles like trucks or buses.
  

If an accident occurs during lane splitting, liability depends on whether the maneuver was reasonable and safe under the circumstances.

Passing and Lane Usage

Motorcyclists are entitled to full use of a lane. Vehicle Code §21760 requires drivers to give motorcycles adequate space and prohibits unsafe passing.
Drivers who “crowd” or force a rider out of a lane can be held liable for negligence or even reckless endangerment.

Motorcycle accidents are governed by the same negligence principles as car collisions but often require deeper reconstruction due to the dynamics of the crash.

Under CACI 400 (Negligence—Essential Elements), the plaintiff must prove:

1. The defendant owed a duty of care;
   
2. The defendant breached that duty;
   
3. The plaintiff was harmed; and
   
4. The defendant’s negligence was a substantial factor in causing that harm.
   

Common forms of negligence in motorcycle cases include:

• Unsafe lane changes
  
• Left-turn violations
  
• Speeding or tailgating
  
• Distracted driving (texting, phone use)
  
• Opening car doors without checking traffic (“dooring”)
  
• Failing to yield at intersections
  

Motorcyclists are often blamed unfairly, making early evidence collection — such as GoPro footage, dash cam video, and helmet camera data — essential.

California’s pure comparative negligence system (CACI 405) applies to motorcycle cases.
Even if the rider contributed to the accident — for example, by speeding or riding without reflective gear — they may still recover damages, reduced by their percentage of fault.

For instance, a rider found 25% at fault in a $200,000 case would still receive $150,000.

Defendants frequently raise comparative fault arguments, including claims that the rider:

• Was lane splitting unsafely
  
• Was speeding excessively
  
• Was not wearing a helmet
  
• Was under the influence or fatigued
  

An experienced attorney can rebut these claims through evidence, witness statements, and accident reconstruction.

Insurance adjusters and juries sometimes assume that riders are reckless by nature.
This bias can unfairly reduce settlement value unless countered by clear factual evidence — such as dash-cam footage, traffic light data, or testimony showing the rider’s lawful conduct.

BLG attorneys often use expert reconstructionists and ride behavior data from the motorcycle’s onboard sensors to overcome this stigma and prove the driver’s fault.

Some motorcycle crashes result not from rider error or another driver, but from mechanical failure or defective parts.

Common issues include:

• Tire blowouts
  
• Brake or throttle malfunctions
  
• Defective handlebars or steering systems
  
• Faulty fuel delivery or electrical systems
  

Under California’s product liability laws, manufacturers, distributors, and repair shops can be held strictly liable if a defect caused the crash.
These cases often involve expert engineering testimony and preservation of the motorcycle as evidence.

As in car cases, an owner may be responsible for lending their motorcycle to an unlicensed or unsafe rider.

Under CACI 724, negligent entrustment occurs when:

1. The defendant owned or controlled the motorcycle;
   
2. The defendant permitted another person to operate it;
   
3. The defendant knew or should have known the rider was unfit; and
   
4. The rider’s negligence caused the injury.
   

Similarly, under Vehicle Code §17150, owners are liable for negligence by anyone using their motorcycle with their permission.

Motorcycles are particularly affected by unexpected hazards — debris, sudden braking by a car, or a pedestrian stepping into traffic.
Under CACI 452 (Sudden Emergency Doctrine), a rider or driver confronted with an emergency not of their own making is not negligent if they act as a reasonable person would in that moment.

This doctrine often arises in cases where a driver swerves to avoid an obstacle but collides with a motorcycle.

Because riders lack external protection, injuries are often catastrophic, including:

• Traumatic brain injury (TBI)
  
• Spinal cord and paralysis injuries
  
• Multiple fractures
  
• Severe road rash and scarring
  
• Internal bleeding and organ trauma
  
• Amputation injuries
  

These injuries often require extensive medical treatment, long-term care, and lifetime loss of earning capacity — all recoverable under California law.

A successful motorcycle claim can recover:

• Medical expenses (past and future)
  
• Lost income and earning capacity
  
• Property damage (bike repairs/replacement)
  
• Pain and suffering
  
• Emotional distress
  
• Loss of consortium (for spouses)
  
• Punitive damages (for gross negligence, DUI, or hit-and-run)
  

There are no caps on pain and suffering damages in motorcycle injury cases.

Under Civil Code §3294 and CACI 3949, punitive damages may be awarded when a defendant’s conduct demonstrates malice or a conscious disregard for safety — for example:

• Drunk or drug-impaired driving
  
• Extreme speeding or street racing
  
• Intentional harassment of a motorcyclist
  

Courts require clear and convincing evidence, but when proven, these damages can significantly increase recovery.

1. Investigation & Evidence Collection – Police reports, witness statements, helmet cam footage, and black box data.
   
2. Medical Evaluation – Documenting all injuries and treatment.
   
3. Insurance Claims – Filing against the at-fault driver’s policy and/or UM/UIM coverage.
   
4. Negotiation & Settlement – Your attorney seeks maximum compensation.
   
5. Litigation (if necessary) – Filing a lawsuit and preparing for trial if settlement fails.
   

Motorcycle cases often involve both personal injury and property damage claims due to total vehicle loss.

Under CCP §335.1, you generally have two years from the date of injury to file a lawsuit.
If a government vehicle caused the crash, you must file a Government Tort Claim within six months (Gov. Code §911.2).

Failing to file timely may permanently bar your claim.