Los Angeles Motorcycle Accident Lawyer

Lane splitting, stated accurately

California addressed lane splitting in Vehicle Code § 21658.1, added in 2016. The statute defines it as “driving a motorcycle… between rows of stopped or moving vehicles in the same lane,” and authorizes the California Highway Patrol to develop educational guidelines in consultation with the DMV, Caltrans, the Office of Traffic Safety, and motorcycle safety organizations.

What that means in practice matters:

• Lane splitting is recognized in California law rather than prohibited, which distinguishes California from most states.
• The statute does not set a numeric speed limit or speed differential for lane splitting. CHP guidance is educational, not a statutory offense threshold.
• Because there is no bright line, a driver’s insurer will often argue that any lane splitting was unsafe. That is an argument about reasonableness under the circumstances, not a per se violation.

A rider who was lane splitting has not automatically lost. The question is what a reasonable rider and a reasonable driver each did, and drivers who change lanes without mirror and shoulder checks bear responsibility for what they hit.

The helmet question

Vehicle Code § 27803(a) requires a helmet for both the driver and any passenger on a motorcycle, motor-driven cycle, or motorized bicycle. California is a universal helmet state, unlike the age based rule for e-scooters. Section 27803(e) requires that the helmet meet § 27802 standards, be fastened with the straps, and fit securely without excessive movement.

If a rider was not wearing a helmet, or the helmet was not properly fastened, expect the insurer to argue comparative fault, particularly on a head injury claim. It is an argument about the share of damages attributable to the choice, not an automatic bar. Pure comparative negligence still applies.

How motorcycle crashes actually happen

• Left turn across the rider’s path. A driver turning left misjudges an approaching motorcycle’s speed or does not see it. The most common serious motorcycle collision.
• Unsafe lane change. A driver moves into an occupied lane without checking mirrors and blind spots.
• Opening a door into traffic.
• Road surface defects. Gravel, potholes, uneven pavement, and poorly marked construction affect a two wheeled vehicle far more than a car, which can bring a public entity claim under Government Code § 835 and its six month deadline.
• Defective components, such as a tire or brake failure, which raises a product claim.

What can be recovered

Under Civil Code § 1431.2(b), economic damages are “objectively verifiable monetary losses including medical expenses, loss of earnings,” and related items. Non-economic damages are “subjective, non-monetary losses including… pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium.”

Motorcycle injuries skew toward the severe end: orthopedic trauma requiring hardware, road rash needing grafting, and brain and spinal injury. That makes future care and lost earning capacity central rather than incidental.

Where more than one party is at fault, Civil Code § 1431.2(a) makes each defendant’s liability for non-economic damages “several only,” meaning each pays its own percentage share. Identifying every responsible party changes what is collectible.

Where the money comes from

The at fault driver’s liability policy comes first, and California minimums under Vehicle Code § 16056 are $30,000 per person, which a single surgery exceeds. Your own uninsured and underinsured motorist coverage is frequently the difference between a partial and a full recovery, and it is the first thing we look for. A commercial policy applies if the driver was working. Health coverage pays treatment subject to a lien to be negotiated.

Evidence worth preserving now

• The motorcycle itself. Do not authorize disposal or repair before it is inspected and photographed. Damage geometry establishes impact angle and speed.
• Helmet and gear, which document force.
• Scene photographs including road surface, gravel, and sightlines.
• Video from nearby businesses and doorbells, which overwrites within days.
• Witnesses identified early, because drivers reliably describe the rider as having come “out of nowhere.”