Riders get blamed first and paid last. We build the file that takes that assumption apart, from Lake Forest and Garden Grove.
Motorcycle claims are not car accident claims with a smaller vehicle. The injuries are more severe because a rider has no cage, no crumple zone, and no airbag, so a collision that leaves a driver with a sore neck leaves a rider with fractures, road rash, a traumatic brain injury, or spinal cord damage. Medical bills climb past a single driver's policy limits fast.
The second difference is the one nobody warns riders about. Adjusters open a motorcycle file assuming the rider was speeding, splitting lanes recklessly, or riding without a helmet, then use that assumption to justify a low first offer. At The Le Firm APC we investigate rider cases on the assumption that the insurer has already decided you were at fault, and we build the file to take that apart.
Partial fault is a discount, not a door that closes. Insurers count on riders not knowing the difference.
Yes. California is the only state with a statute that defines lane splitting, and it does not prohibit it. Vehicle Code section 21658.1, effective January 1, 2017, defines lane splitting as riding between rows of stopped or moving vehicles in the same lane, and authorizes the California Highway Patrol to publish educational guidelines. The CHP states plainly that lane splitting is legal in California and that intentionally blocking or impeding a motorcyclist is not.
An adjuster who treats lane splitting as automatic rider fault is stating a preference, not the law. What is genuinely in dispute is how you split lanes: speed, speed differential, lane position, and traffic conditions. Those are facts, and facts are provable.
No. Vehicle Code section 27803 requires every rider and passenger to wear an approved helmet on California highways, and an insurer will argue that going without one increased the severity of a head or facial injury. That is an argument about a portion of the damages, not a defense to the crash. It has no bearing on a broken femur, a shoulder reconstruction, lost wages, or your motorcycle and gear.
Nearly every rider case we take traces back to a driver failure with a Vehicle Code duty attached to it:
Rider injury patterns run more severe than car occupant injuries in the same collision. We have recovered compensation for Orange County clients with:
Two years against a private driver. Six months if a public agency may share the blame. Code of Civil Procedure section 335.1 gives two years from the date of injury to file a personal injury lawsuit. But if a city, a county, or Caltrans contributed through a dangerous road condition, Government Code section 911.2 requires a written claim to be presented to that agency within six months, long before any lawsuit exists.
A rider who spends five months in treatment and then starts looking for a lawyer has almost no runway left if the road itself was part of the cause. If a pothole, gravel, or fresh pavement played any role in your crash, call before you finish treating.
California law entitles injured riders to economic and non-economic damages. As your Orange County motorcycle accident lawyers, we pursue:
Because rider injuries often outrun the at-fault driver's policy limits, the underinsured motorist coverage on your own policy is frequently the difference between a partial recovery and a full one. It should be identified and put on notice in the first weeks, not discovered at the end.
The Le Firm APC is not a volume practice. From our Lake Forest and Garden Grove offices we take a limited number of cases so every client gets direct access to attorney Harrison Le.
20+ jury trials. We prepare every rider case as if it is going in front of a jury.
You work directly with Harrison Le. No hand-offs to paralegals.
Free consultations. Zero upfront cost. We only get paid when you do.
Lake Forest and Garden Grove, with Vietnamese and Spanish speaking staff.
For the full breakdown of lane splitting, helmet law, liability and deadlines, read our guide to motorcycle accident claims in Orange County. Riders hurt by a commercial vehicle should also see our trucking accident and car accident pages.
Tell us where it happened and what the other driver did. An Orange County motorcycle accident lawyer will review your case for free.
No fee unless we win your case. All consultations are free and confidential.
No pressure, no obligation, no fee unless we win. Free personal injury consultations in Lake Forest, Garden Grove, and throughout Southern California.
Book a Consultation → (949) 867-8040