Motorcycle accidents in California: evidence, helmet-law issues, and insurance

By Tyler Vance, California attorney · Updated 2026-09-28 · 3 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

Motorcycle crashes tend to cause serious injuries, and riders sometimes face assumptions about fault before anyone looks at the evidence. Here is what I'd suggest. This is general information, not advice about your case.

Preserve the evidence

• Photos and video of the scene, vehicle positions, road surface, debris, skid marks, and sight lines. Save any helmet-cam or dashcam footage, and back it up.
• Keep your gear. Don't throw away or repair your helmet, jacket, boots, or other gear. Damage to gear can show how the crash happened.
• Don't repair the bike yet. Get photos and an estimate first, and ask before it's salvaged.
• Witnesses. Get names and phone numbers, and look for nearby cameras quickly.
• Get medical care and keep the records.

The helmet law

Vehicle Code section 27803 requires the driver and any passenger to wear a safety helmet meeting state requirements when riding a motorcycle, motor-driven cycle, or motorized bicycle on the highway. "Wearing" means the helmet is fastened with the straps and fits securely.

In an injury claim, the other side may argue that not wearing a helmet, or wearing one that didn't meet the requirements, made head injuries worse. In my experience that argument generally goes to how much can be recovered for those injuries, not to who caused the crash. It depends on the evidence.

Lane splitting

Vehicle Code section 21658.1 defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and allows the CHP to develop safety guidelines. In a claim, the question is usually whether everyone acted reasonably under the circumstances, including speed and traffic conditions.

Fault

Civil Code section 1714 makes everyone responsible for injuries caused by their lack of ordinary care, while also taking into account the injured person's own lack of care. In practice, California compares the fault of each person involved, so a rider who was partly at fault may still recover a reduced amount.

Insurance

• The at-fault driver's liability insurance is usually the first source. California minimums (Vehicle Code section 16056) are $30,000 per person and $60,000 per accident for injury, for policies issued or renewed on or after January 1, 2025.
• Your own UM/UIM coverage can apply if the other driver is uninsured, underinsured, or unknown (Insurance Code section 11580.2). Check whether your motorcycle policy includes it and at what limits. See my UM/UIM guide.
• Med-pay on your motorcycle policy, if you have it, can help with early medical bills.

Deadlines

• Personal injury: generally 2 years (Code of Civil Procedure section 335.1).
• Damage to the bike and gear: generally 3 years (Code of Civil Procedure section 338(c)(1)).
• Public entities: generally 6 months. If a road condition or a public vehicle was involved, a written claim for personal injury generally must be presented within six months (Government Code section 911.2).

How I can help

I handle injury cases on a contingency fee: no attorney's fee unless there is a recovery. Case costs may still apply, and every case is different. No outcome is guaranteed. Tell me what happened and I'll let you know whether I can help.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.