I wasn’t wearing a helmet. Can I still file a claim in California?
Yes. California law requires all motorcycle riders to wear a helmet. However, failing to wear one does not stop you from filing a claim. Under the comparative fault rule mentioned earlier, the other side will likely argue that your head injuries would have been less severe if you had worn one. This could reduce your compensation for a head injury, but it does not eliminate your claim entirely.
The police report says I was at fault. Does that mean my case is over?
Not at all. A police report is one piece of evidence, but it is not the final word. Police officers are human and sometimes make mistakes based on incomplete information at the scene. We frequently handle cases where our own investigation uncovers evidence that contradicts the initial police report.
How long do I have to file a motorcycle accident lawsuit in Los Angeles?
In California, the statute of limitations for a personal injury claim is generally two years from the date of the accident. But there are critical exceptions. For instance, if your claim is against a government entity (like a city bus driver or a poorly maintained public road), you have only six months to file a special government claim. Acting quickly is important to preserve your rights.
What if the driver who hit me was uninsured?
You may still have options through your own insurance policy. Many riders purchase Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an addition to your policy that steps in to pay for your damages if the at-fault driver has no insurance or not enough to cover all your losses. We’ll review your policy to see what coverage is available to you.
What happens if I was lane splitting when the crash occurred?
Since lane splitting is legal in California, doing it does not automatically make you at fault. The key is whether you were splitting lanes in a way that was safe and prudent for the conditions. An insurance company may argue that your speed was unsafe relative to the flow of traffic, but this is an argument we are experienced in countering.
