Motorcycle Accidents

San Diego Motorcycle Accident Attorneys

Khashayar Law Group represents motorcyclists seriously injured throughout San Diego County. The firm secured a $4,000,000 motorcycle accident settlement even though the rider had been deemed to be at fault — demonstrating that initial fault assessments do not control the final outcome of a California motorcycle case. Across all personal injury matters, the firm has recovered more than $165 million for clients. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm prepares serious motorcycle cases with trial in mind. Consultations are free and carry no obligation.

Why California Motorcycle Cases Are Different

Motorcycle accident cases face two structural problems that car accident cases do not: rider bias and injury severity. Insurance adjusters and jurors sometimes assume motorcyclists are reckless, which depresses early settlement offers. At the same time, motorcyclists absorb a disproportionate share of impact force in any collision, which produces severe injuries and elevated damages. Both problems require trial-ready counsel to overcome.

How Khashayar Law Group Handles Motorcycle Cases

The firm’s process starts with investigation — identifying every party who may bear liability, preserving time-sensitive evidence including dashcam and traffic-camera footage, evaluating the rider’s helmet and protective equipment, and building a factual record that overcomes the rider-bias narrative. Daryoosh Khashayar prepares serious motorcycle cases as if they will be tried, which positions clients for stronger settlements and protects them when carriers refuse to pay fair value.

California Helmet Law and Its Relevance

California Vehicle Code §27803 requires every motorcyclist and passenger to wear a U.S. Department of Transportation-approved helmet at all times while operating or riding a motorcycle on a California public road. The statute is universal — it applies regardless of rider age. However, failure to wear a helmet does not automatically bar recovery in a California injury case. California’s pure comparative negligence rules under Civil Code §1714 allow recovery even when the rider was partially at fault, with the recovery reduced by the rider’s percentage of fault.

Lane-Splitting Is Legal in California

California Vehicle Code §21658.1 explicitly legalizes lane-splitting — a motorcyclist driving between rows of stopped or slow-moving vehicles in the same lane. California is the only state where lane-splitting is expressly legal. The California Highway Patrol publishes guidelines for safe lane-splitting (generally limited to traffic moving 30 mph or slower, with no more than a 10 mph differential), but lane-splitting itself is not negligence as a matter of law in California.

ABOTA Membership and What It Means for Motorcycle Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. For motorcycle clients, who face structural bias in early settlement negotiations, the practical effect is significant: insurance carriers evaluate every claim partly on whether opposing counsel will take the case to verdict. ABOTA membership is one of the clearest signals that the answer is yes.

Who May Be Liable in a California Motorcycle Accident

Common defendants in a California motorcycle case include:

• The at-fault driver — most often a motorist who failed to see the rider, made an unsafe lane change, turned left in front of the motorcycle, or followed too closely.
• The driver’s employer — under respondeat superior when the at-fault driver was operating within the scope of employment.
• The vehicle owner — under California Vehicle Code §17150 for permissive use.
• A government entity — where a road defect, missing signage, or a known dangerous condition contributed to the crash.
• The motorcycle or component manufacturer — where a defective brake, tire, frame, or stability component contributed.
• Maintenance providers — where negligent maintenance contributed to a mechanical failure.

Compensation Generally Available in California Motorcycle Cases

California law allows motorcycle accident victims to pursue:

• Medical expenses — emergency care, surgery, rehabilitation, prosthetics, and anticipated future treatment.
• Lost income and reduced earning capacity.
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life.
• Property damage — the motorcycle and personal property.
• Wrongful death damages under California Code of Civil Procedure §§377.60–377.62 when a crash results in a fatality.
• Punitive damages under Civil Code §3294 in cases involving drunk driving or particularly egregious conduct.

Time Limits for Filing a California Motorcycle Claim

California Code of Civil Procedure §335.1 generally provides a two-year period to file a personal injury claim. If a government vehicle, driver, or public road defect contributed to the crash, California Government Code §911.2 requires a written government claim within six months. Missing these deadlines ends the right to recover.

Frequently Asked Questions — San Diego Motorcycle Accident Attorneys

I wasn’t wearing a helmet — can I still recover compensation?

Yes. Failure to wear a helmet does not bar recovery in California. Under pure comparative negligence (Civil Code §1714), the recovery may be reduced by the percentage of fault attributable to not wearing a helmet, but only to the extent the absence of a helmet contributed to the specific injuries claimed.

I was lane-splitting when the crash happened — am I automatically at fault?

No. Lane-splitting is expressly legal in California under Vehicle Code §21658.1. The lawfulness of the maneuver does not change just because a crash occurred. Fault is determined on the underlying facts, not the act of lane-splitting itself.

The police report says I was at fault — is the case over?

No. A police report is admissible but not conclusive. Khashayar Law Group secured a $4,000,000 motorcycle settlement even when the rider had been deemed at fault. Liability is decided on the underlying evidence — not on a first-responder’s initial conclusion.

What if the at-fault driver only carries California minimum insurance?

California’s minimum coverage of $15,000 per person / $30,000 per accident is rarely enough for serious motorcycle injuries. The firm evaluates uninsured/underinsured motorist coverage on the client’s own policy, employer coverage, umbrella policies, and any additional defendants.

How long do I have to file a motorcycle accident claim in California?

Two years from the date of the crash for personal injury under California Code of Civil Procedure §335.1; six months for a written government claim under Government Code §911.2 if a government entity is involved.

Do I need to wait until I’m fully recovered before contacting an attorney?

No. Evidence preservation deadlines often run shorter than the statute of limitations — dashcam footage, traffic-camera recordings, and witness recollections degrade quickly. Early consultation helps protect the evidence needed to prove the claim.

How much does a San Diego motorcycle accident attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for you. The initial consultation is free and confidential.

Talk to a San Diego Motorcycle Accident Attorney

Khashayar Law Group handles serious motorcycle cases throughout San Diego and California. If you’ve been injured in a motorcycle collision — even when fault is contested or the police report goes against you — contact our San Diego personal injury attorneys for a free consultation. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.