Motorcycles and Lane Splitting: Liability After a Crash

California is home to some of the country’s most beautiful thoroughfares and scenery. This makes it very attractive to motorcycle riders from across the country. California also has relatively relaxed motorcycle laws. It is the only state in the country that does not expressly forbid and prohibit lane-splitting. Rather, lane-splitting is more of a gray area and discretion is left in the hands of California Highway Patrol (CHP).

Earlier this year attempts to adopt lane-splitting regulations was unsuccessful. This was thanks in large part to pushback from the motorcycle community. The ambiguity about lane-splitting causes confusion about liability if a motorcycle accident occurs. When is lane-splitting permissible? When is lane-splitting dangerous? Should the driver of the car(s) and/or truck(s) involved in the accident be held liable if a motorcycle was riding between two lanes of traffic? Should riders have an extra responsibility if they choose to navigate through traffic between lanes?

Lane-Splitting: Safe Alternative for Motorcyclists?

It may be helpful to understand why California does not formally prohibit lane-splitting. In states where lane-splitting is prohibited liability is more easily determined. If a motorcyclist breaks the law and splits lane – he or she is likely to be held accountable for that decision in the event of an accident. In California, however, the lack of formal guidelines makes an allocation of liability less clear.

A UC Berkeley study, as reported by the American Motorcyclist Association, found that “motorcyclists who split lanes in heavy traffic are significantly less likely to be struck from behind by other motorists and are less likely to suffer head or torso injuries.”  The study, which reviewed data from 6,000 motorcycle-related traffic accidents between 2012 and 2013, found that the injuries to the 997 motorcyclists involved in those accidents were significantly less severe than to motorcyclists who were not engaged in lane-splitting at the time of the crash. The study found that traffic congestion was one of the leading causes of motorcycle accidents. Engaging in the practice of lane-splitting – when done safely – can help to reduce the chances of being involved in or seriously injured in an accident.

When Is Lane Splitting Safe?

According the UC Berkeley study, lane-splitting can reduce the likelihood of being involved in a motorcycle crash. However, lane-splitting must be done safely. Lane-splitting may be safe when:

  • Congested traffic is not exceeding 50 MPH; and
  • Motorcyclists do not exceed the speed of other vehicles on the road by more than 15 MPH.

Liability After a Lane-Splitting Crash

California follows the concept of pure comparative negligence. This means that after an accident anyone who is at least partly at fault may be held liable for resulting damages. The fact that California uses comparative negligence may also be another reason for their hesitance to prohibit lane-splitting.

Rather than outlaw a measure that may give motorcyclists an added layer of protection on the road, California may have decided that pure comparative negligence will help to divvy up and assign liability if accidents occur. Motorcyclists who take the risk of splitting lanes must do so in a safe manner – failure to do so properly may result in liability they may not have incurred had they stayed put in a designated lane.

When lane-splitting is the cause or one of the causes of an accident it is likely that most – if not all – of the liability will rest with the motorcyclist. If you are a motorcycle rider who in an accident while splitting lanes you must be able to prove that the other driver(s) involved are also partly to blame. Proving that other drivers were at-fault will require showing that the rider exercised extreme care and precautions while lane splitting. Indications of safe lane-splitting include:

  • Riding at a low rate of speed;
  • Riding in a straight line between lanes;
  • Not weaving between other vehicles in traffic;
  • Wearing reflective gear; and
  • Using the horn and lights to warn other vehicles of your presence.

Completing the California Motorcyclist Safety Program is also helpful. Proving that other drivers were at-fault will also require evidence that the other drivers were negligent. Negligence may include:

  • Speeding;
  • Abrupt lane changes;
  • Using a cell phone or other mobile device;
  • Distracted driving; or
  • Driving under the influence of alcohol or drugs.

Experienced Motorcycle Crash Attorneys

Motorcycle accidents often inflict significant, life-altering injuries on riders. An experienced motorcycle crash attorney may be able to help injured riders to recover compensation. This can help to cover the costs for medical expenses, rehabilitation, nursing care, lost wages, and more. If a motorcyclist was injured while lane splitting it is important to begin an investigation into other possible causes of the crash. An attorney understands the information that will help a crash victim and has access to specialists who can help to shed light on other causes.

To learn about how you may be able to recover compensation after a motorcycle crash – even if you were splitting lanes – contact a personal injury attorney in your area today. Even though lane splitting is not illegal, it does carry with it a burden if something goes wrong. The right attorney may be able to help you shift some of this burden to other parties who were involved.

Statute of Limitations in California Personal Injury Cases

If you have been injured in a California accident you are probably all-too familiar with the costs and expenses that can add up in the days, weeks, and months that follow. In 2013, one study found that the average cost of a bodily injury claim was approximately $15,000 and the average cost of a property damage claim was approximately $3,000. When lost earnings and reduced earning capacity are factored into the equation, a California accident victim can face truly staggering costs as they try to recover.

How can an accident victim be expected to manage these costs? Most Americans do not have enough in savings to cover a $500 emergency, let alone tens of thousands of dollars for damage control after an accident. In California, personal injury accident victims may recover compensation through personal injury lawsuits. These lawsuits, however, must be filed within a certain period of time. This period of time is known as the statute of limitations.

What is the Statute of Limitations for Personal Injury Claims in California?

So, if you’ve been involved in an accident, how much time do you have to file a personal injury claim for damages? The answer will depend on the type of injury you sustain, who you are filing the claim against, and when you discover your injury. For most bodily injury claims in California, however, the statute of limitations is two years from the date of the accident that caused the injury. This means that the clock begins to run as soon as you are injured in the accident.

This, however, is the general rule. California law has evolved to include more specific time frames for more specific harms. It also includes protections for accident victims that may not immediately notice an injury.

  • Bodily Injury Claims: must be filed within two years of the date of the accident or within one year of the date you discover a related injury. Common causes of bodily injuries may include assault, battery, product liability, premises liability, and negligence.
  • Property Injury Claims: must be filed within three years of the date that your property is damaged or destroyed. Claims for damage to property may be brought for theft, trespass, fraud, nuisance, and physical destruction.
  • Injuries Caused By Medical Malpractice: must be filed within three years of the incident causing your injury or within one year of the discovery of the malpractice.

However, special circumstances may cause the applicable statute of limitations to be paused or accelerated.

Tolling the Statute of Limitations in California

What happens if there are circumstances beyond your immediate control that make it impossible for you to file a claim for damages within the appropriate statute of limitations?

California may permit the statute of limitations to be “tolled” in certain situations. Tolling the statute of limitations is basically like hitting the pause button. They are paused until the special circumstance no longer exists. Circumstances that may cause the statute of limitations to toll include having a defendant who is a minor, out of state, imprisoned, or mentally insane.

Government Defendants May Cause Limitations on Time Permitted Under Statute of Limitations

If you are injured in a California accident and believe that the government is responsible you are permitted to ask for the government to compensate you for your injuries. However, the process involved in seeking compensation from the government is different than for other defendants. If you are interested in seeking compensation from the government you will have to move quickly. The statute of limitations for personal injury claims is significantly shorter when the government is involved.

In order to recover compensation from the government, you must file an administrative claim with the government within six months of the accident that caused your injury. If you do not file this administrative claim within that six month period your chances of recovering compensation (from the government) are slim. (There are certain exceptions to the rule.) After you submit your administrative claim the government must respond. They have 45 days to approve or deny your claim. The government, more often than not, will deny your claim, if only to avoid the repercussions of not responding at all. If the government does not respond to your administrative claim the original two-year statute of limitations is reinstated. When the government issues a denial, you then have six months to file a personal injury claim in the appropriate civil court.

Hire an Attorney to Ensure Your Claim is Filed Within the Statute of Limitations

The steps you take immediately following a California accident can really affect your ability to recover the compensation you may truly need in the future. The best way to ensure that your personal injury claim for damages is filed on time is to hire an experienced California personal injury attorney. An attorney will focus on making sure that your claim meets all legal and procedural requirements while you focus on your physical and emotional recovery after an accident.

This article is from Citywide Law Group – a team of Los Angeles personal injury lawyers with a track record of success.

How to Find a Good Personal Injury Attorney California

After an accident, you may need an attorney to help you get the money you deserve.

In this post, we share our ideas on how to find a good personal injury attorney. See below to get started.

1. Searching Online


When choosing a personal injury lawyer, start by searching via a search engine like Google.

You can search by using terms like “good personal injury lawyers near me” or “personal injury attorney” followed by your City and State. So if you live in Los Angeles, CA, you would simply type, “personal injury attorney Los Angeles CA” into the search bar.

This type of search will usually give you a list of attorneys in your area and a list of legal (and non-legal) directories. See more about those below.

2. Legal Directories


Legal directories are like mini-search engines of their own, but focus only on attorneys. We’ll go over the most popular ones and one non-legal directory, Yelp.


Avvo is one of the more popular attorney directories. Avvo offers a lot of great info including ratings, law school attended, and contact info. More importantly, Avvo tells you if the attorney has ever been disciplined by the California State Bar. Visit Avvo by clicking here.


FindLaw is another popular legal directory that may show up in the search results. FindLaw includes attorney contact info and a bio. FindLaw lacks the robust review system you’ll find in Avvo, but given FindLaw’s search engine placement, we included it in our list. Visit them by clicking here. is owned by Martindale-Hubble. They’ve been around for years providing info on attorneys. provides contact info, client reviews, and peer reviews. You can see more by clicking here.


Although not a legal directory, Yelp has established itself as a go-to location for those seeking an attorney. Yelp includes contact info, bio, and reviews. Visit Yelp them here.

3. Online Reviews

Yelp Reviews

Many of the online directories listed above include personal injury lawyers reviews. When looking at reviews, make sure you don’t just look at the amount of reviews or overall ratings.

Instead, take the time to read the reviews – especially the longer ones. A long review might give you more insight into an attorney.

Another way to find attorney reviews is by using Google Maps. Once you’re there, type “personal injury attorney” and you’ll see results below with reviews.

4. California State Bar Page

California State Bar

No attorney search is complete without visiting their profile on the California State Bar website. On this site, you’ll see their official contact info, educational background, and further detail on their disciplinary history, if any.

You can look up a lawyer by clicking here.

5. Asking the Right Questions During the Initial Consultation

People with with attorney

Most, if not all, personal injury attorneys offer a free consultation. This is a great time to ask a lot of questions regarding their practice and your case.

Here is a list of questions to ask a personal injury lawyer during the free consultation.

  • How many years have you been practicing?
  • Have you handled my type of case before?
  • Where did you attend law school?
  • Do you exclusively practice personal injury law?
  • How long have you exclusively practiced personal injury law?
  • Have you taken any cases to trial?
  • Have you been disciplined by the California State Bar?
  • Ask for a list of their previous victories – both verdicts and settlements
  • How much do you think my case is worth?

6. Be Prepared During Your Initial Consult

Prior to meeting with an attorney, take some time to learn a little about personal injury law in your state. For example, most personal injury attorneys will not take a car accident case which solely resulted in property damage.

Additionally, you’ll want to familiarize yourself with tort law and legal terms like negligence.

7. Understand the Fee Structure

Don’t sign a retainer agreement without making sure you understand the fee structure. We’ve all heard personal injury attorneys say, “I get nothing unless you win.” This means they work on a contingency basis. While that may be true, make sure you understand what they get in the event that you do win.

In California, an accident attorney will typically take somewhere between 25% – 40%. However, many attorneys will also require that you pay for any fees incurred throughout the process. Your attorney will charge these fees on top of the percentage. What you’ll want to know is exactly what these fees include. For example, it might include the cost for experts, private investigators, and depositions.

Make sure you don’t get blindsided, as these fees can significantly cut into your award settlement.

8. Personality

People meeting with an attorney

The last thing to consider is how well you got along during the initial consultation. Did you find it easy to speak with the attorney? If not, you might want to consider continuing your search until you find someone who is a good personality fit for you.

Did We Miss Anything?

We hope that this guide will help you find a reputable personal injury lawyer in your area. Did we miss something? If so, please comment below.

Reasons Why You Should Hire a Personal Injury Lawyer:

We put together this infographic dealing with the benefits of hiring a personal injury lawyer after an accident. These reasons include:

  1. Medical Issues: A good attorney will work with a team of experts that can properly evaluate your injuries.
  2. Financial Issues: An attorney will help you with the financial issues that inevitably arise after an accident.
  3. Higher Settlements: An experienced attorney can often help you negotiate higher settlements with the negligent party’s insurance company.
Why Should I Hire A Personal Injury Lawyer?