Los Angeles Motorcycle Accident Lawyers

Yes, you can still recover damages, but it could complicate certain aspects of your case. California’s helmet law requires motorcyclists to wear helmets, so not wearing one means you were in violation of that law. However, California also follows comparative negligence, meaning the focus will be on whether not wearing the helmet contributed to your injuries (and to what extent), not on outright barring your claim.

If you sustained a head or brain injury, the defendant will undoubtedly argue that your failure to wear a helmet worsened your injuries. They may hire experts to say a helmet would have reduced the severity of a TBI, for example. In response, we’d likely counter with our own experts to refine that argument (perhaps the impact was so severe that a helmet wouldn’t have fully prevented injury, etc.). If your injuries are all unrelated to the head – say broken legs, arms, etc. – then the absence of a helmet arguably had no effect on those injuries, and we would vigorously argue that the helmet issue is irrelevant.

The key is that not wearing a helmet does not cause the accident. Liability for the crash still depends on what the other driver did wrong. You can hold them liable for causing the collision. The helmet issue may only reduce the portion of damages for head injuries. So, you can absolutely still file a claim and obtain compensation. We would work to minimize the impact of the helmet defense. Also, the fact you weren’t wearing a helmet might be kept out of trial if your head wasn’t injured (because it’s not relevant and could unfairly prejudice a jury). In summary, yes, you can recover damages, potentially with a reduction if helmet use would have mitigated a specific injury. It’s a factor, not a bar. We’ve successfully handled cases for unhelmeted riders before – each outcome depends on the specifics, and we’ll fight to get you compensated for all injuries that the lack of helmet didn’t affect.

An allegation of speeding is a common defense tactic, but it won’t ruin your case if it’s not backed by evidence, and even if you were going somewhat over the limit, it doesn’t automatically doom your claim. It becomes an issue of comparative fault.

The key questions are: Were you actually speeding? If so, did that contribute to the crash? For instance, if a car turned left in front of you, even if you were going, say, 5-10 mph over the limit, the primary fault is likely still the car’s failure to yield. The driver’s insurer might argue your speed made it harder to avoid the collision, aiming to assign some percentage fault to you. We address this by examining evidence: skid lengths can estimate speed, any eyewitness accounts of your speed, or camera footage if available. Modern motorcycles sometimes have ECU data that can be read to determine speed at impact – if we need to prove you were not speeding, we can look into that.

But let’s say hypothetically there’s evidence you were exceeding the speed limit. We then frame it in context: Was it a slight speed excess or very fast? We might bring in an expert to say that even at the posted speed, the accident was unavoidable due to the driver’s action. We also leverage the legal principle that a violator of a law (like speeding) can still recover if the other’s negligence largely caused the harm. If a jury finds you partly at fault for speeding, they will reduce your award by that percentage.

So, if you were 20% at fault for speed and damages are $100k, you’d get $80k. Our job is to minimize that percentage by casting doubt on the speeding claim or showing it was minor. In many cases, drivers assume a motorcycle was speeding when in fact the smaller profile of a bike just made it appear fast. We often argue that: drivers misjudge motorcycle speed/distance, which is a known phenomenon. We might cite research or expert testimony to that effect. If needed, we’ll prepare animations to show how the collision would occur even at lawful speed. So, an accusation of speeding is not a case-ender; it’s something to handle and mitigate. With solid advocacy, even if you were a bit over the limit, you can still recover a substantial portion of your damages.

Lane splitting (riding between lanes) is legal in California, provided it’s done safely. If your accident occurred while lane splitting, the context matters. Insurance companies might have a knee-jerk reaction to blame you, arguing it’s risky.

However, since it’s legal, the analysis goes to whether you were splitting lanes in a safe manner and whether the other driver was negligent. Often, lane splitting accidents happen because a car abruptly changed lanes without checking mirrors or signaling, moving into the path of the motorcyclist. If that’s the case, we’d argue the driver is at fault for an unsafe lane change. The fact you were between lanes doesn’t excuse their failure to see you. The CHP’s safety guidelines on lane splitting (such as not exceeding 10-15 mph over the flow of traffic) could come into play. If you were following those, we highlight it. If traffic was, say, stop-and-go and you were carefully filtering forward at 15 mph, and a driver suddenly opened a gap or swung over, the liability leans heavily on the driver.

We may bring an expert to explain how lane splitting, when done correctly, is not the cause of crashes – sudden lane changes or inattentive drivers are. Now, if you were lane splitting at a high speed or in an unsafe manner (for example, weaving through fast-moving traffic), the defense will assert you have a share of fault. Each case will be fact-specific. California’s comparative negligence will apply: a jury might split fault or could even find the driver fully at fault if your actions were reasonable.

Our firm actually uses education and case law to help here. We would point out that California officially endorses safe lane splitting and that drivers should expect motorcycles might be between lanes, especially in slow traffic. We might show that the collision happened because the driver did not check mirrors (perhaps they admitted “I didn’t see him coming between lanes”). If you had a reasonable speed, we hammer that. So, being lane splitting does not bar recovery at all. It’s about how it was done and how the other driver reacted. We have successfully recovered for lane-splitting riders by clearly demonstrating the other vehicle’s negligence. At worst, it might become a shared fault situation, but you can still recover a large portion of your damages. Our job is to maximize that by showing you rode responsibly and the other party was primarily at fault.

You should be very cautious and likely not accept any quick offer, especially if you’re still undergoing treatment. Early offers often undervalue the long-term medical costs and pain and suffering. If you’re still treating, you don’t yet know the final prognosis – will you need more procedures? Will you fully recover or have lingering issues? The insurance company knows if they settle now, they won’t have to pay those unknown future costs. That’s why they dangle money upfront. It might be tempting, especially if bills are piling up, but it can be a big mistake to settle too soon. 

Once you sign a settlement release, you cannot ask for more later. Our advice: don’t sign or agree to anything without consulting a lawyer. Providence Law can evaluate the offer for free. Usually, we find early offers only cover the most obvious, short-term damages (like the ER visit and repair of your motorcycle) but ignore things like future rehab, lost future wages, and pain and suffering. We will help project the full extent of your damages. Often, the reasonable step is to continue treatment until you reach a point of maximum medical improvement (MMI), where doctors can say “this is the recovery level, and these are any permanent deficits.” Only then can we accurately value the case. Meanwhile, we can communicate with medical providers to hold off collections (many will if they know an attorney is working on obtaining settlement). 

We can also sometimes secure medical payments (Med-Pay) coverage from your own policy, if you have it, which can pay some bills right away without affecting your liability claim. The bottom line: that initial offer is probably much lower than what you deserve. By working with us, in most cases, we can negotiate a far higher settlement once your treatment is done – one that includes all your medical bills (past and expected future), compensates you for all time off work (including future missed work if any), and accounts for your pain, suffering, and any scarring or disabilities. We often find that insurance offers multiply when we get involved, because they know they can’t get away with a lowball if we’re prepared to litigate. So, politely decline or stall that offer and get legal advice. We can take over dealing with the insurer, which also relieves your stress while you heal.

Absolutely. When we handle a motorcycle accident claim, we don’t just consider the injury costs – we also pursue compensation for property damage, which includes your motorcycle itself and any damaged gear or personal items. If your bike had custom parts or upgrades (aftermarket exhaust, custom paint, chrome accessories, etc.), those have value beyond a stock bike. 

Be sure to provide us with receipts or estimates of those parts. We may need to provide that documentation to the insurer to prove the bike’s true value. Sometimes insurers will just look at “blue book” value for a stock model, but we will push for inclusion of the value of modifications. If the bike is a total loss, you should get the fair market value, which includes those enhancements. If the bike can be repaired, you’re entitled to high-quality repairs or the value difference if it can’t be fully restored. Additionally, riding gear like your helmet, jacket, gloves, boots, pants – if these were damaged in the crash (which often they are), they are recoverable items. A good helmet can be several hundred dollars; armored jackets and gear also cost a lot. These are considered personal property damaged in the incident, and we will list them in your claim. Even your cellphone, if it was destroyed, or a laptop in your backpack, etc., can be claimed. 

Basically, any property lost or damaged due to the accident should be compensated. We often advise clients to keep the damaged gear (or take photos of it) as evidence. For custom parts on the bike, photos from before the crash and receipts help a lot. We know how much riders invest in their bikes and gear, and we make sure the insurance doesn’t shortchange you on that. On a related note, California law also allows for loss of use of your vehicle – meaning compensation for the period you couldn’t use your motorcycle (even if you didn’t rent a vehicle, theoretically you could claim a rental value). If you had to rent a car or another bike while yours was out of commission, we’ll get that cost covered too. In summary, yes, custom parts and gear should be included in your recovery. Providence Law will itemize all those damages and back them up with evidence so you get fully reimbursed for your property losses as well as your injuries.