Hurt in a Motorcycle Crash? Don't Let Them Blame the Rider.
Attorney Advertising. This article was prepared with the assistance of artificial intelligence and reviewed by Oaks Law Firm prior to publication.
Motorcycle injuries are often severe, and insurers frequently try to pin the blame on the rider from the start. Oaks Law Firm pushes back — investigating what really happened and dealing with the insurance companies so you can focus on healing. The consultation is free and there is no obligation.
- Free, confidential case evaluations — we answer 24/7
- No attorney's fees unless we recover for you; case costs and expenses are addressed separately in your written fee agreement
- Offices in Sherman Oaks and Woodland Hills, serving the San Fernando Valley, LA County, and all of California
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The Oaks Law Firm team at our Sherman Oaks office, overlooking the San Fernando Valley.
Riders deserve a fair shot — we make sure you get one
Oaks Law Firm was founded in 2002 by attorney Matthew Nezhad on a simple idea: injured people deserve to be listened to, kept informed, and treated with genuine care while their case is fought hard. More than two decades later, that is still how this team works.
We know motorcyclists face a bias that other injured people don't — the reflexive assumption that the rider must have been reckless. From the first free consultation through the final resolution, we investigate thoroughly, tell your side clearly, and stand between you and the insurance companies.
- Founded in 2002 — serving injured Californians for over two decades
- Offices in Sherman Oaks and Woodland Hills, with clients across LA County and statewide
- If you're too injured to come to us, we can come to you
What should I do after a motorcycle accident in California?
Get medical care right away, document the scene and your gear, exchange information, report the crash where required — and talk to an attorney before giving the other driver's insurer a recorded statement, since they often try to blame the rider.
Get medical care immediately
Motorcycle injuries can be internal or masked by adrenaline. Prompt treatment protects your health and creates a record connecting your injuries to the crash.
Document the scene and your gear
Photograph vehicle positions, the roadway, skid marks, and your helmet and protective gear — evidence of the impact and that you were riding responsibly.
Exchange info — don't admit fault
Collect the driver's license, insurance, and plate details. Avoid apologizing or speculating about blame; those words are often used against riders later.
Report the crash where required
California generally requires an SR-1 report to the DMV within 10 days for crashes involving injury, death, or property damage above the state threshold, in addition to any police report.
Preserve the motorcycle and gear
Don't repair or discard your bike, helmet, or clothing yet — they can be crucial evidence. An attorney may need them examined before anything changes.
Talk to a lawyer before the insurer
You are not required to give the at-fault driver's insurer a recorded statement. A free consultation lets you understand your rights before decisions that affect your claim.
Was I at fault if I was lane splitting when the crash happened?
Not necessarily. Lane splitting is legal in California under Vehicle Code § 21658.1 — California is the only state that expressly allows it — so riding between lanes is not automatically your fault, even though insurers often argue otherwise.
California formally legalized lane splitting in 2017, and the California Highway Patrol publishes educational safety guidelines for it — things like not riding far faster than surrounding traffic and using extra caution in heavy or fast-moving conditions. Those guidelines are guidance, not binding law, but they matter: insurance adjusters, defense lawyers, and juries use them as a yardstick for whether a rider was being reasonable.
That's exactly where "biker bias" creeps in. An insurer may reflexively claim a lane-splitting rider was reckless in order to shift blame and cut what they pay. A careful investigation — traffic conditions, witness accounts, the other driver's movements, and whether someone made an unsafe lane change or opened a door into your path — is often what separates a fair outcome from an unfair one.
California also follows pure comparative negligence, which means you can still recover compensation even if you're found partly at fault — your recovery is simply reduced by your percentage of responsibility. Because insurers know this, how fault gets allocated is one of the most contested parts of any motorcycle claim.
Coverage matters too. Serious motorcycle injuries can exceed an at-fault driver's policy limits, and a meaningful share of California drivers carry no insurance at all. When that happens, your own uninsured or underinsured motorist coverage — and a careful search for every responsible party — can become central to your claim.
How long do I have to file a motorcycle accident claim in California?
Most California motorcycle injury claims must be filed within two years of the date of injury under Code of Civil Procedure § 335.1 — but if a government entity is involved, a formal written claim must generally be presented within just six months under Government Code § 911.2.
The two-year rule is unforgiving: with limited exceptions, waiting too long can permanently end your right to compensation, no matter how strong your case would have been. And when a city, county, state agency, or other government entity may share responsibility — for example, a crash caused in part by a dangerous road condition, a pothole, or a poorly designed intersection — the deadline to present a formal claim shrinks to six months, before any lawsuit can even be filed.
A practical clock runs even faster than the legal one: roadway and dashcam footage gets overwritten, the motorcycle may be repaired or salvaged, and witnesses' memories fade. Because deadlines can vary depending on who is responsible and the specific facts involved, the safest step is to confirm your deadline with an attorney as soon as possible after a crash.
Why choose Oaks Law Firm for your motorcycle case?
We push back on biker bias
We know the tactics insurers use to blame riders, and we build the investigation and evidence needed to tell what actually happened.
We deal with the insurers
From the first call to the final resolution, our team handles communications, investigation, and negotiation — so adjusters' tactics don't fall on your shoulders while you recover.
Contingency-fee representation
You owe no attorney's fees unless we recover compensation for you. Case costs and expenses are separate from attorney's fees and are explained clearly in your written fee agreement before we begin.
Common questions after a motorcycle crash
Does not wearing a helmet hurt my claim?
The insurer says the crash was my fault. Is that the final word?
What if the driver who hit me had no insurance?
What does it cost to hire Oaks Law Firm?
Talk to a California Motorcycle Accident Lawyer — For Free
If you or someone you love was hurt in a motorcycle crash anywhere in California, you deserve clear answers about your rights, your deadlines, and your options. There is no cost and no obligation to find out where you stand.
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