Catastrophic Injury · Motorcycle
California Motorcycle Accident Attorney
Civil trial representation for motorcyclists seriously injured in California. These cases require trial-ready preparation because juries are often biased against riders before they hear a single word of evidence.
Bias defense, comparative fault, and serious injuries.
The bias problem
Motorcycle accident cases face a distinctive challenge: many jurors arrive with preconceived views about motorcyclists — that they ride too fast, weave through traffic, or knowingly accept risks. Defense counsel exploits these biases through voir dire, opening statement, and closing argument. Effective representation requires (1) careful jury selection, (2) presenting the rider as a careful, responsible person, (3) clearly demonstrating the other party's fault through reconstruction evidence, and (4) preparing for the comparative-fault attack that almost always comes.
California-specific motorcycle law
- Helmet law: Cal. Veh. Code § 27803 requires all riders to wear approved helmets. Failure to wear a helmet is potentially admissible on damages mitigation, not on liability for the crash itself.
- Lane splitting: California is the only state that explicitly authorizes lane splitting (Cal. Veh. Code § 21658.1, enacted 2016). Properly conducted lane splitting is lawful and is not negligence per se.
- Right-of-way: Failure to yield to a motorcyclist (left-turn-across-traffic, lane changes into motorcyclist's path) is the most common cause of motorcycle-vs.-vehicle accidents.
Common case scenarios
- Left-turn collisions (vehicle turning across motorcyclist's path)
- Lane-change collisions (vehicle changing into motorcyclist's lane)
- Failure-to-yield at intersections
- Rear-end collisions at stop lights
- Dooring incidents
- Roadway hazards (potholes, debris, construction defects — premises/government liability)
- Defective motorcycle components (product liability)
Injuries and damages
Motorcycle injuries tend to be severe because the rider has no protective shell. Common injuries include traumatic brain injury, spinal cord injury, fractures, road rash and disfigurement, and amputations. Damages frequently include long medical timelines, life-care plan needs, and lost earning capacity. Severe motorcycle cases routinely produce multi-million-dollar settlements or verdicts when properly prepared.
Applicable California law
Cal. Civ. Code § 1714 (negligence); Cal. Veh. Code (rules of the road, right-of-way, helmet, lane-splitting); Cal. Civ. Code § 1431.2 (Proposition 51 — several liability for non-economic damages); Cal. Code Civ. Proc. § 335.1 (2-year statute of limitations); Cal. Code Civ. Proc. § 377.60 (wrongful death).
Common Questions
I wasn't wearing a helmet — does that destroy my case?
No. The other driver is still liable for causing the crash. Failure to wear a helmet may be admissible on damages mitigation (not on liability for the crash itself) and only for injuries the helmet would have prevented (typically head injuries). Lower-body injuries are unaffected.
Was lane splitting my fault?
Lane splitting is lawful in California (Cal. Veh. Code § 21658.1). Whether your specific lane splitting was negligent depends on speed, traffic conditions, and CHP-published guidelines. We evaluate the facts; we do not assume fault.
The driver says they 'didn't see' me. Is that a defense?
No. Failure to see what is plainly visible is itself negligence. The duty is to look effectively, not just to look. "I didn't see the motorcycle" is one of the most common admissions in motorcycle cases — and it usually establishes liability.
How much can my case be worth?
Severe motorcycle injuries (TBI, spinal, amputation) regularly support multi-million-dollar damages presentations. Less-severe cases vary based on medical bills, lost earnings, and pain and suffering. Insurance limits and the defendant's resources are also factors.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.