Your Health Comes First

At The Swanson Law Group, we offer free initial consultations and work on a contingency fee basis, meaning you won’t owe us anything unless we win your case. We know how overwhelming it is to face mounting medical bills and missed work while recovering. That’s why we connect our clients with trusted physicians and specialists who can provide care with deferred payment. We also offer financial support during your case to help you stay afloat. Your health and well-being are our top priority every step of the way.

Motorcycle Laws and Rider Rights

California is known for being motorcycle-friendly and has unique legal protections. However, this culture also contributes to a high number of motorcycle accidents and fatalities. For residents of Thousand Oaks and Westlake Village, understanding the laws is essential for road safety and protecting your rights in case of a crash.

Legal Lane Splitting and Mandatory Helmet Use

California is currently the only state where lane splitting—riding between lanes of slower or stopped traffic—is legal under specific conditions. Here’s what you need to know:

In addition, helmet use is required for all riders and passengers, regardless of age or experience. This is enforced under Vehicle Code §27803 and applies to U.S. DOT-compliant helmets only.

Fault and Fairness: How California Handles Liability

The state uses a pure comparative negligence system when determining financial responsibility in an accident; even if you were partially at fault, you can still recover damages, though your percentage of responsibility will reduce your compensation.

This legal principle is supported by California Civil Code §1714 and case law such as Li v. Yellow Cab Co. (Justia: Li v. Yellow Cab).

Statute of Limitations and Reporting Deadlines

Most motorcycle accident victims in California have two years from the date of the crash to file a personal injury lawsuit per California Code of Civil Procedure §335.1. However:

  • If the accident involved a government entity (such as a city-maintained road), a claim must be filed within six months (California Courts: Statute of Limitations)
  • Any crash resulting in injury, death, or over $1,000 in property damage must be reported to the California DMV within 10 days using Form SR-1, regardless of who was at fault

High Risks Despite Strong Laws

While these regulations aim to make riding safer, the numbers tell a different story:

  • California reported 565 motorcyclist fatalities in 2021 alone—more than any other state (NHTSA Traffic Safety Facts)
  • Motorcyclists account for 14% of all vehicle fatalities despite making up only 3% of registered vehicles (2020 Data: Motorcycles)
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Who Can Be Held Liable?

  • Negligent Drivers: The most common defendants in motorcycle accident cases are drivers of cars, trucks, or SUVs who fail to yield, speed, make unsafe lane changes, or drive under the influence. California drivers have a legal duty to share the road and remain aware of motorcyclists.
  • Government Entities: If the accident was caused by a dangerous road condition—such as potholes, lack of signage, faulty traffic lights, or poor road design—a public agency (like Caltrans or a local municipality) may be held responsible. However, these claims involve strict deadlines and special filing requirements under the California Tort Claims Act.
  • Employers of At-Fault Drivers: If the negligent driver was working at the time of the crash—for example, a delivery driver or commercial truck operator—their employer may be held vicariously liable under California’s respondeat superior doctrine (California Civil Code §2338).
  • Vehicle or Parts Manufacturers: If a defect in the motorcycle or another vehicle contributed to the accident (such as brake failure or tire blowout), the manufacturer or distributor may be liable under California product liability laws.
  • Other Motorcyclists or Road Users: In some cases, another rider or even a pedestrian may act negligently and contribute to the accident. California’s comparative negligence rules allow for partial fault to be assigned to multiple parties, including the injured motorcyclist, without barring recovery.

What to Do After a Motorcycle Accident

If you’ve been in a motorcycle accident in California, taking the right steps immediately afterward can protect your health, your rights, and your ability to recover compensation:

  1. Call 911: Report the accident and request emergency medical assistance if needed.
  2. Get to safety: Move out of traffic if you’re able to do so without further injury.
  3. Document everything: Take photos of the scene, your injuries, vehicle damage, and road conditions.
  4. Exchange information: Get contact and insurance details from all parties involved.
  5. Speak to witnesses: If anyone saw the accident, collect their names and contact info.
  6. Don’t admit fault: Avoid apologizing or speculating about who caused the crash.
  7. Seek medical care: Even if injuries seem minor, get checked by a doctor right away.
  8. Contact The Swanson Law Group: Our experienced motorcycle accident attorneys are ready to protect your rights, guide you through the legal process, and fight for the full compensation you deserve.

Can I Get Compensated for My California Motorcycle Accident?

California’s civil justice system allows accident victims to recover both economic and non-economic damages, including:

  • Medical expenses such as emergency care, surgery, hospitalization, rehabilitation, physical therapy, and ongoing treatment
  • Lost income or wages lost during recovery, plus future earnings if your injuries limit your ability to work
  • Pain and suffering, including physical pain, emotional distress, anxiety, PTSD, and decreased quality of life
  • Property damage, such as the cost to repair or replace your motorcycle and any damaged gear or belongings
  • Permanent disability or disfigurement
  • Loss of consortium, which is the impact of your injuries on your relationships or ability to engage in family life

In rare cases involving egregious misconduct, punitive damages may also be awarded to punish the at-fault party and deter similar behavior.

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A Law Firm That Fights—and Wins—Against Insurance Companies

Our founder, attorney Ben Swanson, knows firsthand what it’s like to face life-altering health challenges—and he channels that resilience into fierce advocacy for the injured. Together with skilled attorneys Zaneta Conroy, Esq., and Greg Schaffer, Esq., and a compassionate, high-performing support team, we build aggressive legal strategies focused on one goal: justice.

We’ve secured life-changing results for our clients, including:

  • $380,000 for a motorcycle crash victim
  • $8,870,000 in a serious vehicle collision case
  • $5,000,000 in a major auto accident
  • $1,230,000 for another injured rider

While no attorney can guarantee an outcome, our motorcycle accident lawyers serving Thousand Oaks and Westlake Village are relentless in pursuing full and fair compensation. If the insurance company refuses to do what’s right, we’re ready to take the fight to trial.

We invite you to explore our case results and review real insurance letters that show our no-nonsense, results-driven approach. When you’re ready to move forward, contact us to book your case evaluation.

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