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California Motorcycle Injury Attorneys

Los Angeles Motorcycle Accident Lawyer

Riders have little protection when another driver makes an unsafe turn, changes lanes without looking, follows too closely, or creates a hazard on the road. The Law Offices of Burg & Brock investigate who caused the crash, every source of insurance, and the full impact of the rider’s injuries.

No attorney’s fee unless we recover for you.

Cameron Yadidi Brock, founding attorney of the Law Offices of Burg & Brock

Cameron Yadidi Brock

Role
Founding Attorney
Bar
California #183112
Since
Practicing 1996
  • 1996Practicing since
  • Sherman OaksLos Angeles County office
  • No FeeUnless there is a recovery
  • FreeConfidential case review

Prior results do not guarantee a similar outcome.

Reviewed by Cameron Yadidi BrockFounding Attorney, Law Offices of Burg & Brock · California State Bar #183112 · Admitted 1996

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The Short Answer

Do I Have a Motorcycle Accident Claim?

Potentially, if another driver’s negligence, an unsafe roadway condition, a defective component, or another responsible party contributed to the crash.

The honest version is that a motorcycle claim turns on evidence more than on any single fact about the ride. Who had right of way. Where each vehicle was. What the driver could see and when. Whether the road surface played a part. Whether something on the bike failed.

None of that is settled by whether you were lane splitting, or whether you were wearing a helmet, or by an adjuster’s first opinion about riders. Those things can matter to parts of a claim, and we deal with each of them directly further down this page. They do not decide who caused the collision.

The Difference

Why Motorcycle Accident Claims Are Different

Not because riders take more risk. Because the physics, the evidence and the assumptions are all different.

  • 01Little physical protection

    A rider has no passenger compartment, no seat belt and no crumple zone. The same impact that dents a door can put a rider in surgery.

  • 02Visibility is the recurring dispute

    “I didn’t see the motorcycle” is the most common thing drivers say. It is an explanation, not a defence, and it has to be tested against sight lines and evidence.

  • 03Lane position becomes an argument

    Where the bike was in the lane, and California’s lane-splitting rules, get raised in a way they never are between two cars.

  • 04Moderate vehicle damage, serious rider injury

    Photographs of a lightly damaged car are routinely used to suggest the rider cannot be badly hurt. The medical records answer that, not the bodywork.

  • 05The road surface matters far more

    Gravel, oil, a pothole, a seam or poor drainage can put a bike down where a car would simply drive over it.

  • 06Assumptions about riders

    Riders often meet a general assumption about how they must have been riding. The answer is not indignation. It is evidence about what actually happened.

  • On the assumption riders meet

    Riders are often treated as the risk-takers in their own collision before anyone has looked at the evidence. It shows up in adjuster calls, in how statements get taken, and occasionally in how a case is valued. The answer is not to argue about motorcycling. It is to establish what the other driver did, and when.

    Case Types

    Motorcycle Accident Cases We Handle

    The pattern of the crash usually decides which evidence is worth pursuing first.

    Left-Turn Collisions

    A vehicle turns across the motorcycle’s path. The most common serious motorcycle collision, and the one with the most established investigation path. Covered in detail below.

    Unsafe Lane Changes

    A driver moves across without seeing a motorcycle alongside or approaching. Mirror position, blind spots and where the damage landed usually tell the story.

    Rear-End Collisions

    Particularly dangerous when the rider is stopped at a light with nothing behind them but the following vehicle.

    Intersection CrashesRight of way, sight lines and signal disputes.
    Dooring and Parked VehiclesA door opened into the lane, or a vehicle pulling out without looking.
    Distracted DrivingPhone, navigation or in-car distraction in the seconds before impact.
    Speeding and Aggressive DrivingWhere another driver’s conduct contributed to the collision.
    Commercial VehiclesTruck, bus and delivery blind spots, and the larger policies behind them.
    Road Hazards and DefectsSurface conditions or a component failure. Both covered below.

    Feature

    What If a Driver Turned Left in Front of My Motorcycle?

    This is the collision the California Highway Patrol specifically warns riders about, and it is the one we see most often. A car waiting to turn left, a rider approaching with right of way, and a driver who commits to the turn.

    What it is not is automatic. A turning driver is very often responsible, but that is a conclusion the evidence has to support rather than a rule that applies itself. Where the impact landed on both vehicles, how far the rider could be seen from the turn position, what the signal was doing, and what witnesses or video show all feed into it.

    What the investigation looks at
    Right of waySignal phaseRider visibilityApproach speedTurn timingSight distanceWitnessesVideo or dashcamImpact locationVehicle damage

    Motorcycle, right of wayTurning vehiclePoint of impact
    Illustration of the collision pattern. Not a depiction of any specific case.

    California Law

    Does Lane Splitting Affect a California Motorcycle Accident Claim?

    It can come up. It does not decide the case. Both halves of that sentence matter.

    The rule

    Legal in California

    California Vehicle Code section 21658.1 defines lane splitting as riding a motorcycle between rows of stopped or moving vehicles in the same lane, including on divided and undivided streets, roads and highways.

    The California Highway Patrol’s guidance is that lane splitting is legal when it is done in a safe and prudent manner. California is not a state where a rider is breaking the law simply by being between lanes.

    The qualification

    Still fact-specific

    Legal does not mean automatically blameless. A rider who was lane splitting can still share responsibility depending on how it was done, and the facts that get examined include:

    • Speed of surrounding traffic
    • The rider’s own speed
    • The speed differential between them
    • Visibility and lighting
    • Lane position
    • The vehicles alongside
    • Whether another driver made an unsafe manoeuvre

    The fact that a motorcyclist was lane splitting does not, by itself, establish that the rider caused the collision.

    Responsibility is determined by the evidence about how the collision happened, not by the presence of lane splitting.

    What evidence matters in a lane-splitting case

    Helmet or bike cameraDashcam from other vehiclesWitness accountsFinal vehicle positionsRoadway and lane layoutImpact locations on both vehiclesTraffic speed at the time

    Current CHP guidance on lane splitting is published by the California Highway Patrol.

    Helmets

    Does California Require Motorcycle Helmets?

    Yes. California requires riders and passengers to wear a helmet that meets federal DOT safety standards. That is the rule, and it is not complicated.

    What if I was not wearing one?

    It does not automatically end a claim, and it does not automatically do nothing either. Both of those answers get given online and both are wrong.

    Whether helmet non-use affects a particular claim depends on the injuries, on whether a helmet would have made a difference to those specific injuries, and on how comparative fault arguments are made. It is a question about damages far more than a question about who caused the crash.

    Anything more definitive than that depends on the facts of the individual case and should come from an attorney who has reviewed them.

    Comparative Fault

    Can I Recover If I Was Partly Responsible?

    Yes. California applies comparative fault, which means an injured person’s damages are reduced by the percentage of responsibility assigned to them rather than barred outright.

    This is the rule behind most arguments a rider will hear. Lane splitting, helmet use, lane position and speed all tend to be raised as comparative fault arguments, and each has to be answered with evidence rather than conceded.

    Illustrative example only

    100%Total damages
    20%Rider responsibility
    80%Adjusted recovery

    Percentages illustrate how the rule works. They are not a prediction, and no dollar figure is implied. What a jury decides depends entirely on the facts of the individual case.

    Liability

    Who Can Be Responsible for a Motorcycle Accident?

    Not all of these apply to any one crash. Identifying which do is most of the early work.

    01Another Driver

    Unsafe turn, lane change, following distance, distraction or right-of-way failure.

    02Vehicle Owner

    Where ownership and permitted use bring another policy into play.

    03Employer or Business

    If the driver was acting within the scope of employment when it happened.

    04Commercial Operator

    Truck, delivery, rideshare and other commercial drivers, and the larger policies behind them.

    05Manufacturer or Distributor

    Where a defective motorcycle, tire or component contributed to the crash.

    06Government Entity

    Where a dangerous public roadway condition is legally supportable. Shorter deadlines apply.

    07Contractor or Other Entity

    Road construction or another party whose work created the condition.

    Road Hazards

    What If a Dangerous Road Condition Caused My Motorcycle Crash?

    Conditions a car would drive straight over can put a motorcycle down. That does not automatically make anyone liable for it.

    Conditions that can matter
    PotholesBroken pavementLoose gravelOil or dieselPoor drainageUnsafe constructionMissing warningsRoadway designDebrisRailroad tracksUneven surfaces

    A hazard existing is the beginning of the question rather than the answer to it. A claim against a public entity has to establish who owned or controlled that stretch of road, that a dangerous condition existed, and that the entity had notice of it or should have. Maintenance and construction responsibility may sit with a contractor rather than the city.

    Deadlines here are different

    Government-related claims can involve substantially shorter and earlier requirements than an ordinary personal injury lawsuit. If a public roadway condition may be involved, that is a reason to get advice quickly rather than at leisure.

    What we will not tell you

    That the city is liable because there was a pothole. It is a claim with specific elements and its own procedural requirements, and it either meets them on the facts or it does not.

    What If the Motorcycle or a Component Failed?

    Sometimes the cause is not another driver at all. A tire that fails at speed, a brake that does not respond, a steering or suspension problem, a wheel, a chain or a drivetrain component. On a motorcycle those failures leave the rider no margin.

    Establishing it means preserving the motorcycle and the component, having it examined properly, and distinguishing a manufacturing defect from a design defect from a maintenance or repair issue. Those are different claims against different parties, and the evidence has to support whichever one is being made.

    We do not allege a defect against a manufacturer without evidence, and a page like this is not the place to name one. Where this route is worth pursuing, it connects to our product liability practice.

    Components examined

    TiresWheelsBrakesSteeringSuspensionDrivetrainChainOther safety-critical parts

    Insurance

    What Insurance May Apply After a Motorcycle Accident?

    Usually more than one source, and which ones depends on who was responsible.

  • 01The at-fault driver’s liability insurance

    The primary source where another motorist caused the crash.

  • 02Your uninsured or underinsured motorist cover

    May apply where the responsible driver has no insurance or not enough. Depends on your policy.

  • 03Other responsible parties and commercial policies

    An employer, a commercial operator, a manufacturer or a contractor, where applicable.

  • 04Property and collision cover

    Damage to the motorcycle is a separate question from the injury claim.

  • $30KInjury or death, one person
    $60KInjury or death, multiple people
    $15KProperty damage

    Current California ordinary private-auto minimums, published by the California DMV.

    The distinction that matters

    Minimum insurance limits are not the same thing as the value of a serious motorcycle injury claim. A minimum-limits policy can be exhausted by a single surgery. When that happens the question becomes what other cover exists, which is why the policy review is not a formality.

    What if the driver who hit me has no insurance?

    Uninsured and underinsured motorist coverage is the route worth examining, alongside any other responsible parties and any additional policies that may apply. Whether it does apply, and for how much, depends on the wording of your policy. We would want to read it before telling you what it does.

    Compensation

    What Compensation May Be Available After a Motorcycle Crash?

    The categories below are what a claim is built from. No calculator, no averages, and no figure before the medical records have been read.

    Medical ExpensesEmergency care, surgery, imaging, rehabilitation.
    Future Medical CareTreatment that continues long after a claim resolves.
    Lost IncomeTime away from work during treatment and recovery.
    Reduced Earning CapacityWhere the injury changes what work is possible afterwards.
    Pain and SufferingThe human cost, which California law recognizes as compensable.
    Physical ImpairmentLasting limits on movement, function or independence.
    Motorcycle and Property DamageRepair or total loss, and damaged riding gear.
    Other Supported LossesOut-of-pocket costs that can be documented.

    Serious Injuries

    A Rider Absorbs What the Vehicle Would Have.

    Which is why motorcycle claims are built with treating physicians and life-care planning rather than a stack of bills.

    Traumatic brain injury →Spinal cord injury →Fractures and orthopaedic injuryNerve injuryRoad rash and serious skin injuryBurns →Internal injuriesAmputationParalysisWrongful death →Serious injuries →

    One note on road rash, because it is routinely dismissed as a scrape. Severity varies enormously, and deeper injuries can require grafting, carry infection risk and leave permanent scarring. It should be documented properly rather than waved off in an early adjuster call.

    Evidence

    Evidence That Can Matter in a Motorcycle Accident Claim

    Four sources, and on a motorcycle claim all four tend to be needed rather than one.

    Rider
    • Helmet
    • Riding gear and boots
    • Helmet or bike camera
    • Medical records
    • Photographs of injuries
    • Wage records
    Motorcycle
    • Damage and impact points
    • Tires
    • Brakes
    • Components and fasteners
    • Service history
    • Repair or total-loss records
    Road
    • Surface condition
    • Debris, gravel or fluid
    • Skid marks
    • Traffic controls and signals
    • Sight lines from the other vehicle
    • Construction or signage
    Other Vehicle
    • Damage and impact location
    • Driver account and statements
    • Dashcam or nearby video
    • Witnesses
    • Police information
    • Insurance details
    Before you repair or dispose of anything

    In a serious injury case the motorcycle, the damaged components and the gear can all be evidence. Repairing, scrapping or throwing them away before preservation has been considered can remove the proof a claim depends on. If the injuries are significant, it is worth asking about this before the insurer arranges anything.

    After a Crash

    What Should I Do After a Motorcycle Crash?

    In order, and only what is safe to do.

    1. 01Get Medical Care

      Appropriate care first, and same day where possible.

    2. 02Call Law Enforcement

      Where appropriate. The report is far easier to obtain than to reconstruct.

    3. 03Document the Scene

      Only if you safely can. Vehicles, positions, road surface, signals.

    4. 04Identify Drivers and Witnesses

      Names and numbers now beat memories in six months.

    5. 05Preserve Bike and Gear

      The motorcycle, the helmet and the gear, before anything is repaired or discarded.

    6. 06Save Camera Footage

      Helmet camera, bike camera, or anything a bystander recorded.

    7. 07Keep Records

      Medical, income and repair documents as they arrive.

    8. 08Notify Insurers

      The appropriate ones, with facts rather than speculation about fault.

    9. 09Be Careful With Early Offers

      A final settlement is final, and early is when a claim looks smallest.

    10. 10Consider Legal Advice

      Particularly where the injuries are serious or fault is disputed.

    Should I give the other driver’s insurer a recorded statement?

    Before you do, in a serious injury matter, it is worth knowing four things: who is requesting it, whose interests they represent, what they are actually asking about, and whether advice would change what you say.

    Insurers are not out to cheat riders as a matter of course. They are organisations following a process that was not designed around your interests, and a statement given in week one becomes permanent.

    What if the driver says they never saw me?

    It is the most common thing said after a motorcycle collision, and on its own it settles nothing. Not seeing a rider does not automatically establish negligence, and it certainly does not excuse it.

    What the investigation looks at is visibility, lighting, lane position, speed, driver attention, blind spots, road layout, how both vehicles were moving, and whatever witnesses or video show.

    Our Process

    How Burg & Brock Investigates a Motorcycle Accident

    What actually happens, in order.

    01Understand the Collision

    The rider’s account and the crash sequence, from the people who were there.

    02Preserve Evidence

    Motorcycle, helmet, gear, scene and video, before any of it is gone.

    03Investigate Driver Conduct

    Turns, lane changes, attention, speed and right of way.

    04Evaluate Road and Product Issues

    Where the evidence supports them, not as a matter of routine.

    05Identify Every Responsible Party

    Driver, business, manufacturer, contractor or public entity.

    06Identify Insurance

    Every policy that could apply, including the rider’s own.

    07Document Injuries and Loss

    Medical care, income, and the effects that continue.

    08Negotiate or Litigate

    Building the case for resolution, and for filing suit where that is what it takes.

    Deadlines

    2Years*

    Time Is Not Unlimited

    Many California personal injury lawsuits generally must be filed within two years of the injury.

    *This is not a universal deadline. Government roadway claims and other circumstances can involve substantially earlier or different requirements, which is exactly why a pothole or road-design case needs advice quickly. Separately, California treats property-damage actions differently from injury claims, with a longer period, so the deadline for the bike is not necessarily the deadline for the rider.

    If any part of your crash may involve a public roadway condition, treat the timeline as short until someone has checked it properly.

    How Much Is a Motorcycle Accident Case Worth?

    There is no calculator, no average, and no honest answer before the treatment is understood. These are the factors that actually move it.

    Insurance limits are not the same as case value.

    Injury severityFuture carePermanent impairmentLost earningsFuture earning impactFaultComparative faultInsurance availableResponsible partiesEvidenceMotorcycle damageWhether suit is needed

    Listed as considerations, not in order of weight. No ranking is implied.

    The Attorney Responsible for This Page

    Cameron Yadidi Brock, founding attorney, Law Offices of Burg & Brock

    Cameron Yadidi Brock

    Founding Attorney, Law Offices of Burg & Brock, A Professional Law Corporation

    • California State Bar#183112 · licence active
    • AdmittedJune 1996
    • PracticePersonal injury, plaintiff representation
    • FocusMotor vehicle collisions and serious injury matters
    • OfficeSherman Oaks, Los Angeles County

    Cameron Yadidi Brock has been licensed to practice law in California since June 1996 and founded the Law Offices of Burg & Brock in Sherman Oaks. He practices personal injury law, representing people injured in motor vehicle collisions, including motorcycle crashes, and in other serious-injury matters.


    Why Clients Come to Burg & Brock

    01Personal Injury Focus

    Not a general practice that also takes injury cases when they arrive.

    02Practicing Since 1996

    Admitted to the California Bar in June 1996, verifiable on the State Bar’s own record.

    03Contingency Representation

    No attorney’s fee unless there is a recovery, set out in writing before anything is signed.

    04Built for the Harder Cases

    Road-condition and component-failure questions get investigated where the evidence supports them, rather than being written off as rider error.

    Questions

    Frequently Asked Questions

    What should I do after a motorcycle accident in Los Angeles?

    Get medical care, call law enforcement where appropriate, document what you safely can, and identify drivers and witnesses. Then preserve the motorcycle, the helmet and your gear before anything is repaired or discarded, because in a serious case those are evidence.

    Is lane splitting legal in California?

    Yes. California Vehicle Code section 21658.1 defines lane splitting, and CHP guidance is that it is legal when done in a safe and prudent manner. California is not a state where a rider is breaking the law simply by riding between lanes.

    Can I recover compensation if I was lane splitting?

    Lane splitting being legal does not mean a rider can never share responsibility, and it also does not mean the rider caused the crash. The facts decide it: traffic speed, the rider’s speed, the difference between them, visibility, lane position, and whether another driver made an unsafe manoeuvre. The fact of lane splitting alone establishes nothing.

    What if a driver turned left in front of my motorcycle?

    It is the collision CHP specifically warns riders about, and the turning driver is very often responsible. It is not automatic though. Right of way, the signal phase, how visible the rider was from the turn position, approach speed, impact location and any video all get examined before responsibility is established.

    What if the driver says they did not see me?

    That is an explanation, not a defence, and it does not automatically establish negligence either. The investigation looks at visibility, lighting, lane position, speed, driver attention, blind spots and road layout, together with witnesses and video.

    Can I make a claim if I was partly at fault?

    Yes. California applies comparative fault, so damages are reduced by the percentage of responsibility assigned to you rather than barred. Being partly responsible reduces a claim; it does not end it.

    Does not wearing a helmet prevent a motorcycle accident claim?

    No, and equally it is not irrelevant. California requires a DOT-compliant helmet. Whether non-use affects a particular claim depends on the injuries, on whether a helmet would have changed those specific injuries, and on how comparative fault is argued. It is a damages question far more than a question of who caused the collision.

    What if a pothole or unsafe road caused my accident?

    It can support a claim, but a hazard existing does not by itself make a public entity liable. It has to be established who owned or controlled the road, that a dangerous condition existed, and that there was notice of it. Government-related claims also carry substantially earlier requirements, so those cases need advice quickly.

    Can a motorcycle manufacturer be responsible for a crash?

    Where a defective motorcycle, tire or component contributed, yes. It means preserving the machine and the part, having it examined, and distinguishing a manufacturing defect from a design defect from a maintenance issue. We do not allege a defect without evidence to support it.

    What if the driver who hit me has no insurance?

    Uninsured and underinsured motorist coverage may apply, depending on your policy, alongside any other responsible parties and additional policies. Whether it does, and for how much, comes down to the policy wording, which we would want to read.

    Can I recover for damage to my motorcycle?

    Motorcycle and gear damage is part of the loss, handled alongside but separately from the injury claim. California also treats property-damage actions differently from injury claims for limitation purposes, so the two are not on the same clock.

    How long do I have to file a motorcycle accident claim?

    Many California personal injury lawsuits generally must be filed within two years of the injury. That is not universal. Government roadway claims and other circumstances can involve substantially earlier or different requirements, so it is worth asking early rather than assuming.

    How much is my motorcycle accident case worth?

    It depends on injury severity, future care, permanent impairment, lost earnings, fault, available insurance, the evidence and whether suit is needed. Insurance limits are not the same as case value, and anyone quoting a figure before reading the medical records is guessing.

    How much does a motorcycle accident lawyer cost?

    We work on a contingency fee. There is no attorney’s fee unless there is a recovery, and the percentage and costs are set out in the written agreement before anything is signed.

    Free Consultation

    Talk to a Los Angeles Motorcycle Accident Lawyer

    If another driver, a dangerous roadway condition, a defective component or another party contributed to your crash, we can investigate the evidence, work out who may be responsible, identify the available insurance, and assess the full impact of your injuries.

    Call the office(818) 650-3520

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    Free Case Evaluation

    Tell us what caused the crash and we will come back to you.

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