Answers for anyone hurt in California

No. Fault follows the evidence: who had the right of way, who was where, and what the damage shows. Lane position and speed will be argued; the record answers them.

Lane splitting is legal in California. Whether it affects your claim depends on how it was done and what the other driver did. It is not the end of the case.

Most California injury claims must be filed within two years of the crash. Exceptions exist: a public vehicle, a road defect, a minor, a later diagnosis.

No. "I didn’t see the motorcycle" is an admission, not a defense: California drivers must look before turning, changing lanes or pulling out, and failing to see a rider who was there to be seen is the negligence. Fault is then proved from where each vehicle was, the damage, witnesses and any camera footage. The excuse is common enough that Aryan Aliakbarzadeh, Esq. builds motorcycle cases expecting it.

Yes. California requires a helmet (Vehicle Code §27803), but riding without one does not cause a crash, so it does not decide who was at fault. It can reduce the part of the claim that is for head or facial injuries, if the insurer shows a helmet would have lessened them, under the comparative fault rule. Injuries to the rest of the body are unaffected.

A refusal is a position, not a verdict. Insurers deny motorcycle claims most often by blaming the rider, disputing the injuries or questioning speed, and each of those is answered with evidence: the bike itself, the gear, the scene, the medical record and witnesses. If the insurer will not move, the claim can be filed in court, where a jury decides fault rather than an adjuster. Keep everything from the crash until it has been inspected.

Sometimes, and it is worth checking. Uninsured and underinsured motorist coverage on a motorcycle policy pays when the driver who hit you has no insurance or too little; medical payments coverage pays early bills regardless of fault. Coverage on a separate car policy usually excludes a motorcycle you own, so the motorcycle policy is the one to read. Bring both declarations pages to the consultation.

For a scrape and a dented tank with fault agreed, you can often handle it. When someone was hurt, when the driver or the insurer blames you, or when the injuries are still being treated, a lawyer changes what the insurer is dealing with. Accident Lawyer of California, P.C. takes motorcycle cases across the San Fernando Valley from one Northridge office, and the consultation is free, so the question costs nothing to ask.