San Diego · Practice Area

San Diego Motorcycle Accident Lawyer

Khashayar Law Group represents motorcyclists seriously injured throughout San Diego County. The firm secured a $4,000,000 motorcycle accident settlement in National City even though the rider had been initially deemed at fault — a result that illustrates how rider-bias defenses can be overcome with thorough investigation. Past results do not guarantee future outcomes.

Khashayar Law Group represents San Diego motorcycle accident victims under California Vehicle Code rules, including the lane-splitting framework at CVC §21658.1. ABOTA-member trial counsel with a $4M motorcycle settlement secured despite initial rider-fault finding.

Motorcycle Accidents in San Diego — The Bias Problem

Motorcyclists face a unique challenge in injury claims: insurers, police, and even juries sometimes carry an unconscious bias that the rider must have been at fault. Defense lawyers exploit this bias aggressively, especially when speed, lane-splitting, or rider gear are involved. Khashayar Law Group’s $4 million National City motorcycle result was secured even though the police report initially placed fault on the rider — reversing that narrative required focused investigation, expert reconstruction, and trial-ready preparation.

California Motorcycle Law

California Vehicle Code §21658.1 — Lane Splitting. California is the only US state to formally authorize lane-splitting. The CHP publishes safety guidelines on speed differential and traffic conditions, but the statute makes lane-splitting itself legal when done safely.
California Vehicle Code §27803 — Helmet Law. California requires DOT-approved helmets for all motorcycle riders and passengers regardless of age.
California Vehicle Code §16056 — California minimum liability coverage requirements apply to motorcycle operators.
California Civil Code §1431.2 — pure comparative fault.

Deadlines

CCP §335.1 — two years for personal injury.
Government Code §911.2 — six months if a public entity (e.g., dangerous road condition) contributed.

Common San Diego Motorcycle Accident Patterns

Left-turn collisions (driver fails to see oncoming rider);
Lane-change collisions (driver moves into rider’s lane);
Rear-end collisions at intersections;
Dooring (parked-car door opens into rider’s path);
Lane-splitting collisions (CVC §21658.1 framework);
Single-vehicle crashes on dangerous road conditions (subject to §835 public-entity liability);
Crashes involving DUI drivers (potential punitive damages under Civil Code §3294).

Evidence in San Diego Motorcycle Accident Cases

Police or California Highway Patrol traffic collision report (often the starting narrative that needs to be challenged);
Independent accident reconstruction analysis;
Photographs of all vehicles, the scene, and damage patterns;
Witness names and statements;
Dashcam and nearby surveillance footage;
Medical records and bills;
Rider’s gear (helmet, jacket) preserved as evidence;
Cellular phone records of involved drivers (distracted-driving evidence);
EDR / “black box” data from the other vehicle.

Damages Available

Motorcycle injuries are often catastrophic. Recoverable damages include:

Medical expenses (often substantial because of road-rash, fracture, and TBI injuries);
Lost income and lost earning capacity;
Pain, suffering, and emotional distress;
Property damage to the motorcycle and gear;
Wrongful death damages under CCP §377.60 in fatal cases (a frequent reality — see the motorcycle wrongful death case page);
Punitive damages under Civil Code §3294 in DUI or other egregious-conduct cases.

Why Khashayar Law Group for a San Diego Motorcycle Claim

The firm’s most directly relevant motorcycle result is a $4,000,000 motorcycle accident settlement in National City secured even though the rider had been deemed at fault. See the case page and the motorcycle accidents practice page. Daryoosh Khashayar is an ABOTA member — see his attorney bio.

Frequently Asked Questions — San Diego Motorcycle Accident Lawyer

What if the police report blamed me as the motorcyclist?

An initial police report is not a final liability determination. Khashayar Law Group’s $4 million National City motorcycle settlement was secured even though the rider had been initially deemed at fault. Reversing that narrative typically requires accident reconstruction, witness investigation, photographs, and depositions of responding officers.

Is lane-splitting legal in California?

Yes. California is the only US state to formally authorize lane-splitting under Vehicle Code §21658.1. The CHP publishes safety guidelines (modest speed differential, slower traffic conditions), but the statute makes lane-splitting itself legal when done safely. Lane-splitting is not automatic comparative fault.

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

Two years from the date of injury under CCP §335.1. Six months under Government Code §911.2 if a government entity contributed.

What if I wasn’t wearing a helmet?

California requires DOT-approved helmets under Vehicle Code §27803. Failure to wear a helmet may be evidence of comparative fault for head injuries, but does not automatically bar recovery for other injuries. Comparative fault still applies under Civil Code §1431.2.

How much does a San Diego motorcycle accident attorney cost?

Khashayar Law Group works on contingency. No attorney fee unless we recover. Free initial consultation.

Source note. California Vehicle Code §21658.1 is the current lane-splitting statute. See the firm’s editorial policy. Past results do not guarantee future outcomes.