California Motorcycle Accident Lawyers
California Motorcycle Accident Lawyers - Personal injury lawyers. No fee unless we win. Free consultation. Call (818) 514-7680.
California Personal Injury Legal Services
No-fee-unless-we-win personal injury representation across California. We handle car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, slip and fall injuries, dog bites, medical malpractice, wrongful death, and catastrophic injuries.
California Personal Injury Law
California follows pure comparative negligence (Civil Code). Two-year statute of limitations for personal injury, three years for property damage. We fight insurance companies to maximize your compensation.
Free case evaluation: (818) 514-7680.
Fees, Costs and Case Results
Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.
Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.
Frequently Asked Questions
- Is lane splitting legal in California for motorcyclists?
- Yes, California is the only state where lane splitting is explicitly legal. Under California Vehicle Code Section 21658.1 (AB 51), motorcyclists may ride between lanes of traffic moving in the same direction. However, lane splitting must be done safely and prudently. The CHP guidelines recommend lane splitting only when traffic is moving 30 mph or less and the motorcyclist should not exceed traffic speed by more than 10 mph. If an accident occurs while lane splitting, fault is determined based on the specific circumstances and whether the motorcyclist was operating safely.
- What is the statute of limitations for motorcycle accident lawsuits in California?
- In California, you have two years from the date of the motorcycle accident to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. For wrongful death claims, the two-year period begins from the date of death. If your claim is against a government entity (city, county, or state), you must file an administrative claim within six months of the accident. Missing these deadlines can permanently bar your right to compensation, so contact a motorcycle accident lawyer immediately after your accident.
- How does California's pure comparative negligence affect my motorcycle accident claim?
- California follows the pure comparative negligence doctrine established in Li v. Yellow Cab Co. (1975). This means you can recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault. For example, if you're found 30% at fault and your damages total $100,000, you would receive $70,000. Unlike some states that bar recovery if you're more than 50% at fault, California allows recovery regardless of your fault percentage.
- What compensation can I recover in a California motorcycle accident case?
- California motorcycle accident victims can recover economic damages (medical expenses, lost wages, future medical care, lost earning capacity, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement). In cases involving drunk drivers or egregious conduct, punitive damages may also be available. What a claim is actually worth turns on the documented medical course and prognosis, proven lost earnings, the share of fault attributed to the claimant, and the insurance limits available to pay a judgment.
- Does California require motorcyclists to wear helmets?
- Yes, California Vehicle Code Section 27803 requires all motorcycle riders and passengers to wear DOT-compliant helmets. California is one of 19 states with universal helmet laws. Failure to wear a helmet doesn't bar recovery in an accident claim, but it may reduce your compensation if the defense can prove that a helmet would have prevented or reduced your head injuries. Always wear a DOT-approved helmet to protect yourself and strengthen any potential legal claim.
- What are the most dangerous roads for motorcyclists in California?
- California's most dangerous motorcycle roads include: Mulholland Highway ("The Snake" section), Pacific Coast Highway (PCH), Angeles Crest Highway (SR-2), Ortega Highway (SR-74), Palomar Mountain Road (S6), and major freeways like the 405, 101, and I-5 in Los Angeles. These roads see high motorcycle fatality rates due to curves, elevation changes, and high traffic volumes. Our firm handles accidents on all California roads and understands the unique hazards each presents.
- Should I talk to the other driver's insurance company after a motorcycle accident?
- No. You are not required to speak with the other driver's insurance company, and doing so can harm your case. Insurance adjusters are trained to obtain statements that minimize your claim. They may ask leading questions, record your conversation, or get you to admit partial fault. Instead, direct all insurance company communications to your motorcycle accident lawyer. We handle all negotiations and protect your rights throughout the claims process.
- How much does a California motorcycle accident lawyer cost?
- Our motorcycle accident lawyers work on a 100% contingency fee basis, meaning you pay nothing upfront and no fees unless we win your case. We advance all litigation costs including expert witnesses, accident reconstruction, medical record retrieval, court fees, and deposition expenses. Our fee is a percentage of your recovery, typically 33-40% depending on whether the case settles or goes to trial. This ensures access to top legal representation regardless of your financial situation.
- What should I do immediately after a motorcycle accident in California?
- After a motorcycle accident: 1) Call 911 and request police and medical response, 2) Seek immediate medical attention even if injuries seem minor, 3) Document the scene with photos and videos, 4) Exchange information with all parties involved, 5) Get witness names and contact information, 6) Do not admit fault or apologize, 7) Do not give recorded statements to any insurance company, 8) Contact a motorcycle accident lawyer before accepting any settlement offers. Preserve your helmet and gear as evidence.
- Can I sue if I wasn't wearing a helmet during my motorcycle accident?
- Yes, you can still sue and recover damages even if you weren't wearing a helmet. However, California's comparative negligence law allows the defense to argue that your injuries would have been less severe with a helmet. This could reduce your compensation for head injuries specifically. For injuries unrelated to helmet use (broken bones, internal injuries, etc.), the lack of helmet typically doesn't affect your recovery. An experienced lawyer can minimize the impact of helmet non-use on your case.
- What if the driver who hit me was uninsured or underinsured?
- If the at-fault driver lacks sufficient insurance, you may have options through your own policy. Uninsured Motorist (UM) coverage pays when the at-fault driver has no insurance. Underinsured Motorist (UIM) coverage applies when their insurance doesn't fully cover your damages. California requires insurers to offer UM/UIM coverage. We also pursue all available sources of recovery including the driver's personal assets, other liable parties, and any applicable umbrella policies.
- How long does a motorcycle accident lawsuit take in California?
- Motorcycle accident cases typically take 6 months to 2 years to resolve. Simple cases with clear liability and moderate injuries may settle in 6-12 months. Complex cases involving serious injuries, disputed liability, or multiple defendants can take 18-24 months or longer if trial is necessary. California courts offer expedited proceedings for plaintiffs with life-threatening conditions. We work efficiently to maximize your recovery while ensuring no steps are rushed.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
Schedule a Free Consultation | View All Practice Areas | Attorney Profile