Understanding Motorcycle Accident Laws in California
California is home to more registered motorcycles than any other state in the U.S. With year-round riding weather and scenic highways, it’s no surprise that so many bikers take to the roads here. However, understanding motorcycle accident laws in California is crucial—especially if you’re ever involved in a crash.
Whether you’re a new rider or an experienced motorcyclist, knowing the legal landscape can help you protect your rights and stay safe on the road. Below, we break down the most important motorcycle laws every California rider should know.
1. California Helmet Law
California has one of the strictest motorcycle helmet laws in the country. Under California Vehicle Code § 27803, all motorcycle operators and passengers must wear a U.S. Department of Transportation (DOT)-compliant helmet while riding.
Failing to wear a helmet is not only illegal—it can also be used against you in an injury claim if you suffer head trauma. Learn more from the California Highway Patrol’s helmet law guide.
2. Lane Splitting Is Legal (But Regulated)
California is the only state where lane splitting—riding between lanes of traffic—is explicitly legal. However, that doesn’t mean it’s without rules. According to California Vehicle Code § 21658.1, riders must do so in a “safe and prudent manner.”
The California Highway Patrol recommends lane splitting at no more than 10 MPH faster than surrounding traffic and only when traffic is moving at 30 MPH or less. Reckless lane splitting may affect your ability to claim compensation after an accident.
3. Liability and Comparative Fault in Motorcycle Accidents
California follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you’re found 20% responsible and awarded $100,000, you’ll receive $80,000. This makes it essential to consult a motorcycle accident lawyer before accepting any settlement offers. For legal guidance, explore Why You Need a Motorcycle Accident Lawyer.
4. Reporting a Motorcycle Accident
Under California law, you must report a motorcycle accident to the DMV within 10 days if:
- Someone was injured or killed
- There was more than $1,000 in property damage
This report must be filed using Form SR-1, regardless of who was at fault. You can download it directly from the California DMV website.
5. Motorcycle Insurance Requirements
California requires all riders to carry minimum liability insurance:
- $15,000 for injury or death of one person
- $30,000 for injury or death of more than one person
- $5,000 for property damage
Riding without insurance not only results in fines—it can also disqualify you from collecting certain damages in a personal injury lawsuit.
6. Statute of Limitations for Motorcycle Accident Claims
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. If your case involves a government vehicle or agency, the deadline to file a notice of claim may be as short as six months.
Missing this deadline could bar you from recovering any compensation, no matter how strong your case is.
7. Modified Equipment and Legal Risks
Some motorcycle modifications—like high handlebars (“ape hangers”), loud exhaust systems, or colored lighting—may violate California regulations. If you’re in an accident and your bike isn’t street legal, the other party could argue that your modifications contributed to the crash.
To learn more about California’s vehicle modification laws, visit the Bureau of Automotive Repair.
Final Thoughts: Know the Law, Protect Your Rights
Motorcycle accident claims in California can be complicated, especially when lane splitting or shared fault comes into play. By knowing the motorcycle accident laws in California, you give yourself a better chance at protecting your health, your finances, and your legal rights.
If you’ve been involved in a motorcycle crash, don’t wait. Contact our legal team for a free consultation to understand your options and take the next step toward recovery.
