Overview
Motorcycle accidents result in injuries far more severe than those in passenger vehicle collisions. Riders are exposed to direct impact with vehicles, road surfaces, and roadside objects, often sustaining traumatic brain injuries, spinal cord damage, severe road rash, and multiple fractures.
Beyond the physical injuries, motorcyclists face an additional challenge: bias. Many insurance adjusters, jurors, and even judges harbor negative assumptions about motorcyclists, believing that riders inherently assume greater risk or are more likely to be at fault. This bias can significantly impact the outcome of a case if not properly addressed.
At The Brandi Law Firm, we understand this challenge and build our motorcycle accident cases with meticulous attention to evidence. We work with accident reconstruction professionals, biomechanical engineers, and traffic safety consultants to demonstrate exactly what happened and who was at fault, leaving no room for assumption or prejudice.
California is the only state that explicitly permits lane splitting (riding between lanes of slow or stopped traffic), and this practice is frequently misunderstood by other drivers and insurance companies. Our attorneys are well-versed in California's motorcycle laws and use this knowledge to protect our clients' rights.
Types of Cases We Handle
Left-Turn Collisions
The most common type of motorcycle accident, occurring when a vehicle makes a left turn in front of an oncoming motorcycle, often because the driver failed to see the rider.
Lane-Change Accidents
Crashes caused by drivers changing lanes without checking their blind spots, striking a motorcyclist in an adjacent lane.
Lane-Splitting Incidents
Accidents occurring while a motorcyclist is riding between lanes of traffic, which is legal in California but often misunderstood by other drivers.
Rear-End Collisions
A following vehicle strikes a motorcycle from behind, often at intersections or in stop-and-go traffic, frequently caused by distracted driving.
Road Hazard Accidents
Crashes caused by potholes, gravel, oil slicks, or other road surface hazards that may not be dangerous to cars but are potentially fatal for motorcyclists.
DUI-Related Motorcycle Crashes
Accidents involving impaired drivers who strike motorcyclists, which may support punitive damage claims in addition to compensatory damages.
Understanding California Law
California Vehicle Code section 21658.1 permits lane splitting, making California the only state to explicitly legalize this practice. However, riders must still exercise reasonable care while lane splitting. The California Highway Patrol has published guidelines, though they are not legally binding. Our attorneys understand the nuances of lane splitting law and defend our clients against unfounded allegations of fault.
California's pure comparative negligence system means a motorcyclist can recover damages even if they share some percentage of fault. However, helmet laws (required for all riders in California under Vehicle Code 27803) and other safety equipment compliance can affect the case. Our attorneys work to minimize fault attributed to the rider.
The statute of limitations for motorcycle accident claims is generally two years from the date of the accident. Claims involving road defects or government entities may have shorter deadlines. Prompt legal consultation is recommended.
Potential Compensation
Depending on the circumstances of your case, you may be able to pursue compensation for the following types of damages:
Our Process
Evidence-First Investigation
We gather physical evidence, surveillance footage, witness statements, and police reports to build an objective picture of what happened, countering any bias against the rider.
Accident Reconstruction
We work with qualified accident reconstruction professionals to demonstrate speeds, sight lines, reaction times, and points of impact, establishing that the other party was at fault.
Medical Documentation
We coordinate with your medical team to thoroughly document your injuries, including those that may take time to fully manifest, such as TBI symptoms.
Bias Mitigation Strategy
We develop a case presentation strategy that anticipates and addresses anti-motorcycle bias, focusing on the evidence and the defendant's negligence.
Full Compensation Pursuit
We negotiate from a position of strength or take the case to trial, ensuring the full extent of your injuries and losses is recognized.
What Sets Us Apart
Frequently Asked Questions
Is lane splitting legal in California?
Yes, California is the only state that explicitly permits lane splitting under Vehicle Code section 21658.1. However, riders must still exercise reasonable care while lane splitting. If you were lane splitting at the time of an accident, this does not automatically make you at fault.
What if I wasn't wearing a helmet when the accident occurred?
California law requires all motorcycle riders to wear helmets. However, not wearing a helmet does not bar your claim entirely. Under comparative negligence, it may reduce your recovery if the defense can show that a helmet would have reduced your injuries. Our attorneys work to minimize the impact of helmet non-use on your case.
How do you overcome anti-motorcycle bias?
We build evidence-based cases using accident reconstruction, witness testimony, and thorough professional analysis. We focus the jury's attention on the other party's negligence and the severity of your injuries, rather than allowing bias against motorcyclists to influence the outcome.
What types of injuries are common in motorcycle accidents?
Common motorcycle accident injuries include traumatic brain injuries, spinal cord injuries, broken bones, road rash, internal organ damage, and soft tissue injuries. These injuries are often more severe than those in car accidents because riders lack the protective structure of a vehicle.
Should I move my motorcycle after an accident?
If possible, move your motorcycle out of traffic to prevent additional accidents, but take photos of the original positions first. Document the scene, your injuries, and any damage. Seek medical attention even if you feel fine, as many motorcycle accident injuries are not immediately apparent.
Attorney Advertising. The information provided on this page is for general informational purposes only and does not constitute legal advice. Every case is unique. To understand how the law applies to your specific situation, you should consult with an experienced personal injury attorney. Past results do not guarantee future outcomes.
Free Case Evaluation
If you or a loved one has been affected by motorcycle accidents, contact us for a free, confidential consultation.
Contact Us(888) 309-1224Our Track Record
- More Than 150 Years Of Combined Experience
- Focused Exclusively On Personal Injury
- Licensed In California, Nevada, And Arizona
- More Than $1.6 billion In Verdicts & Settlements
- A Reputation The Insurance Companies Take Seriously
- You Pay Nothing Unless We Get Compensation For You
- Always Prepared To Go To Trial If Negotiations Break Down
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More Than 150 Years Of Combined Experience