PRACTICE AREAS
Motorcycle Accident
Motorcycle Accident Attorneys
PROTECTING THE INJURED FOR OVER 30 YEARS
have you or a loved one recently been injured?
Few things in life offer the exhilaration of taking a motorcycle out on the open road. Unfortunately, motorists do not always look closely for motorcycles. When motorists turn in front of motorcycles, swerve into motorcycles while changing lanes, or engage in other types of careless behavior, the motorcyclist can pay a severe price. One of the most dangerous situations is to be riding a motorcycle and be involved in an accident of any type. Motorcycle accidents are in a unique class of their own. A motorcycle accident can entail different and more severe types of injuries than a car accident such as broken limbs, road rash, spinal injuries, brain injury or even death.
As a rider, you very likely know motorcycles can “share” a lane with vehicles or other motorcycles, and this can oftentimes surprise an unsuspecting driver. Lane splitting or lane sharing is not against the law in California. In fact, California law states that motorcycles have as much right to occupy a lane as a car. Although, how you go about lane sharing is of great importance. A motorcycle accident attorney that is savvy in the area of motorcycle accident law can get your claim concluded for you with extensive knowledge in regards to your type of claim.
If you or a loved one was injured in an accident that involved a motorcycle, or were the driver of the motorcycle, it is in your best interest to seek the legal advice of an experienced attorney as soon as possible. You may be eligible for compensation for injuries, damages, pain and suffering and other remedies for losses sustained from a motorcycle accident for immediate medical care.
You may also be eligible to pursue legal remedies for the following losses and damages:
• Medical bills
• Future medical services
• Loss of income
• Reparation of damaged vehicles and/or motorcycle
• Pain and suffering
With over 30 years of experience in personal injury law, Alex Rosenberg has developed keen knowledge and background in motorcycle accident cases. The Rosenberg Law Firm can help you bring about a successful claim and/or lawsuit against negligent drivers to help your recover from the damages you have suffered.
Contact Rosenberg Law, P.C. if you have been involved in a motorcycle accident and are seeking experienced and reputable legal representation.
Frequently Asked Questions About California Motorcycle Accident Claims
California is the only state where lane splitting is explicitly legal, under California Vehicle Code §21658.1, enacted in 2016. This means a motorcyclist lane splitting between traffic is generally engaging in a lawful activity, and the act itself does not constitute negligence. However, lane splitting must be done safely — the California Highway Patrol publishes recommended guidelines. If you were lane splitting when hit, the at-fault driver cannot simply claim your lane splitting caused the accident; fault is determined based on whether either party violated traffic laws or acted unreasonably.
California requires all motorcycle riders and passengers to wear a DOT-approved helmet under Vehicle Code §27803. Not wearing a helmet does not bar recovery, but it can reduce recovery under California’s pure comparative fault rule — specifically for head and brain injuries that a helmet would have prevented or reduced. Non-head injuries such as broken bones, road rash, internal injuries, and limb injuries are generally unaffected by helmet status. The defense will likely raise the helmet issue, but an experienced attorney can limit its effect on overall recovery.
“I didn’t see the motorcycle” is the most common defense in motorcycle accident cases, but it is rarely a valid legal defense. Under California Vehicle Code §22107 and general negligence principles, drivers have a legal duty to maintain a proper lookout before turning, changing lanes, or merging. Failing to see a visible motorcycle is itself a breach of that duty. Evidence such as witness statements, sight-line analysis, and accident reconstruction can establish that the motorcycle was visible and the driver was negligent in failing to observe it.
Motorcyclists lack the protections that car occupants have — no steel cage, seatbelts, airbags, or crumple zones. Common motorcycle accident injuries include traumatic brain injury, spinal cord damage, amputations, severe road rash and burns, multiple fractures, and internal organ damage. These catastrophic injuries often require extensive surgery, long-term rehabilitation, and permanent medical care. Because the injuries are more severe, motorcycle accident cases tend to involve higher medical costs, longer recovery times, and substantially greater damages than typical car accident cases.
Time-sensitive evidence can disappear within days. Critical evidence includes the police report, photographs of the accident scene, skid marks, vehicle damage, your helmet and gear (do not discard them — they can prove the impact severity), witness contact information, dashcam or surveillance footage from nearby businesses, the at-fault driver’s cell phone records (which may show distraction), medical records documenting injuries, and the motorcycle itself for inspection by an expert. Contact an attorney as soon as possible so investigators can preserve evidence before it is lost or destroyed.