Riding a motorcycle in and around San Diego offers freedom that driving a car never can—but it also means you’re more exposed when another driver makes a careless decision, speeds, runs a red light, texts behind the wheel, or drives under the influence. At Hulburt Law Firm, we represent injured riders and families in serious motorcycle crash cases, pursuing full compensation under California law.
Types of motorcycle accident cases we handle:
Throughout your motorcycle accident case, we keep you informed, answer your questions, and explain each step in clear, practical terms. Because we limit the number of serious injury and wrongful death cases we accept, we’re able to dig deeply into the facts of each crash—looking at visibility, speed disputes, lane-positioning, lane splitting, helmet and gear issues, and how traffic and road conditions contributed.
Motorcyclists often face both severe injuries and unfair bias. Insurance companies sometimes assume riders were speeding, lane splitting unsafely, or “accepting the risk” simply by riding. Our job is to challenge those assumptions with evidence: scene photos, witness testimony, police reports, vehicle and bike inspections, and, when needed, accident reconstruction and motorcycle safety experts.
Many crashes also involve drivers with limited insurance. We look for all potential sources of recovery, including other responsible parties and your own uninsured/underinsured motorist coverage. With our firm handling the legal and insurance issues, you can focus on your medical recovery and day-to-day life.
Our attorneys have a proven track record of achieving extraordinary results.
A careless driver swerved into a motorcycle on the I-8 freeway in San Diego, causing him to crash and suffer serious injuries.
Jury verdict against Caltrans for a 13-year-old boy who was hit by a car while using a dangerous crosswalk.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
An event producer’s negligence led to a participant’s death in a vehicle collision.
A defective airplane engine ignition component caused a deadly crash in San Diego.
A dump truck driver failed to "get out and look" before backing up into a construction worker, crushing his leg against a bulldozer.
We represent riders and families after crashes that change everything in a matter of seconds—high-speed collisions on freeways, left-turn impacts at intersections, and wrecks caused by distracted or impaired drivers who never really saw the motorcycle until it was too late.
In many of these cases, the first reaction from insurance companies is to blame the rider: suggesting they were speeding, “lane-splitting recklessly,” or somehow responsible simply because they chose to ride. Our role is to push back against those assumptions with evidence, expert analysis, and a clear picture of who our clients were before the crash and what they’ve lost.
Whether the case resolves in settlement or goes all the way to trial, we treat each motorcycle case as if it involves our own family—digging into the details, explaining every step of the process, and making sure our clients are heard, not just filed away as a claim number.
If you or a loved one is facing life after a serious motorcycle crash, you don’t have to navigate it alone — request a free motorcycle accident case review to talk with a San Diego attorney about your options.
During your free case review, we listen to how the crash happened, what injuries you’re dealing with, and what questions you have. We look at any information you already have—such as police reports, photos, medical records, helmet-cam or GoPro footage, and insurance letters—and give an honest assessment of whether a motorcycle accident claim makes sense under California law. The conversation is confidential and there’s no obligation to move forward.
If you decide to work with us and the scope of representation is signed, we begin a focused investigation into the collision. That can include visiting and photographing the scene, documenting damage to your bike and gear, obtaining police or CHP reports, and interviewing witnesses. We also move quickly to locate and preserve any traffic-camera, dash-cam, or helmet-cam footage before it’s deleted or overwritten. Acting early helps protect key evidence that can be critical when fault, visibility, or speed is disputed.
Next, we bring in the right experts for your case. In motorcycle matters, that can include accident reconstructionists and motorcycle safety experts who understand lane positioning, visibility, braking, and lane-splitting dynamics, as well as medical specialists, life-care planners, and economists. Together, they help us explain how the crash happened, the extent of your injuries, and what you’re likely to face in the future in terms of treatment, work, and daily life.
Motorcycle crashes often involve more than just one driver and one policy. We identify all potentially responsible parties—such as negligent drivers, employers, vehicle owners, bars or party hosts in drunk-driving cases, road-design or maintenance entities, or in some situations, motorcycle or gear manufacturers. At the same time, we review all available insurance coverage, including the at-fault driver’s policy and your own uninsured/underinsured motorist (UM/UIM) coverage, to help ensure no potential source of recovery is overlooked.
Using the evidence, expert input, and coverage analysis, we build a clear picture of what the crash has taken from you—medical expenses, lost income, pain, limitations, and changes to your daily life and relationships. We then handle communications and negotiations with the insurance companies and defense lawyers so you don’t have to. We push back against bias and assumptions about riders, challenge efforts to blame you for simply being on a motorcycle, and keep you updated on all offers and options throughout the process.
If the insurance companies are not willing to resolve your case fairly, we are prepared to file a lawsuit and take your case to court. Litigation can involve written discovery, depositions, motion practice, and, when necessary, preparing for trial. At trial, we work to tell your story clearly and powerfully—using your testimony, witnesses, experts, and carefully prepared exhibits—to show how the crash occurred, why the other side is responsible, and what the collision has meant for you and your family.
California motorcycle crashes are governed by the same core rules as other traffic accidents—fault, negligence, insurance, and strict filing deadlines. The overview below explains how California motorcycle accident law treats fault, helmets, lane splitting, insurance coverage, and time limits, so you have a clearer picture of the legal landscape after a serious crash in or around San Diego.
California is an at-fault state. In most motorcycle accident cases, the person (or people) whose negligence caused the crash is legally responsible for the resulting harm. Negligence can include speeding, distracted driving, unsafe lane changes, failing to yield to a rider at an intersection, opening a door into traffic, or driving under the influence.
California also follows pure comparative negligence, which means you can generally pursue compensation even if you share some responsibility for the collision. Any award is reduced by your percentage of fault—for example, if your damages are $100,000 and you are found 20% at fault, your recovery could be reduced to $80,000. Insurers often try to blame riders based on stereotypes about motorcyclists; careful investigation and evidence are important to fairly assess fault.
California has a universal helmet law for motorcyclists: all riders and passengers must wear U.S. DOT-compliant helmets while operating or riding on a motorcycle, motor-driven cycle, or motorized bicycle on public roads.
If you were not wearing a helmet at the time of the crash, that does not automatically prevent you from bringing a claim, but it may lead the defense to argue that some head or facial injuries could have been less severe with proper head protection. Whether that affects your compensation depends on the specific injuries, the medical evidence, and how the court applies comparative fault in your case. For riders who were wearing a proper helmet, documentation and photos of the helmet can sometimes help show the seriousness of the impact.
Motorcyclists in California must meet the same minimum liability insurance requirements as other drivers. As of January 1, 2025, those minimums—often referred to as “30/60/15”—are:
These are minimum legal limits, not caps on what an injured person may claim. Many drivers carry only the minimum—some carry none at all—while others carry higher limits or umbrella policies. Optional coverages like uninsured/underinsured motorist (UM/UIM) and medical payments (MedPay) can be especially important for riders, who often face serious injuries when a crash occurs. Identifying every potentially applicable policy—liability, UM/UIM, employer, and sometimes excess or umbrella coverage—is a key step in many motorcycle cases.
If you’re injured in a motorcycle crash caused by someone else’s negligence, you may be able to recover compensation for both financial and non-financial losses. Depending on the case, this can include:
Economic damages, such as:
Non-economic damages, such as:
If a rider is killed, surviving family members may bring wrongful death and related survival claims, which have their own rules about who may file, what types of damages are available, and how deadlines apply. In rare cases involving especially egregious conduct (such as extreme recklessness or intentional wrongdoing), punitive damages may be available under California law, but they are the exception rather than the rule.
California law sets strict timelines—known as statutes of limitations—for filing lawsuits after a motorcycle crash. In many cases:
If a government entity (such as a city or county responsible for road design or maintenance) may be at fault, additional rules apply. In those situations, you typically must file a written government claim—often within six months of the incident—before you’re allowed to file a lawsuit.
There are limited exceptions and special rules for minors, certain delayed-discovery situations, and other specific circumstances. Because these deadlines are technical and strictly enforced, riders injured in a motorcycle accident in or around San Diego are generally well-served by speaking with an attorney promptly to determine which time limits apply in their situation.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
Your safety comes first. Move to a safe place if you can, call 911, and accept medical care at the scene. Even if you feel “okay,” consider seeing a doctor soon after the crash—some serious head, spine, and internal injuries don’t show symptoms right away.
If you’re able, take photos or video of the scene, your bike, the other vehicles, skid marks, road conditions, and any visible injuries. Get the names and contact information of witnesses, the other driver, and any passengers, and ask how to obtain a copy of the police or CHP report. Before giving a detailed recorded statement or signing anything for an insurance company, it can be helpful to talk with a motorcycle accident attorney about your rights and options.
You may have a case if another driver or party was careless—and that carelessness was a substantial factor in causing the crash and your injuries. Examples include a driver turning left in front of you, changing lanes into your path, following too closely, opening a door into traffic, or driving while distracted or under the influence. If you needed medical treatment, missed work, or are dealing with ongoing pain or limitations, those are signs it may be worth exploring a claim.
You’re not required to hire a lawyer, but serious motorcycle crashes often involve severe injuries, disputed fault, and complex insurance issues (including uninsured/underinsured motorist coverage and limited policy drivers). A San Diego motorcycle accident lawyer can investigate the collision, preserve evidence, deal with the insurers, and help protect you against unfair assumptions about riders, so you can focus on recovery.
Useful evidence often includes:
In many motorcycle cases, additional items can be especially helpful, such as helmet-cam or GoPro footage, traffic-camera or nearby security video, and detailed photos of your helmet, jacket, and other protective gear. Because some of this evidence can be lost, overwritten, or repaired quickly, taking steps to preserve it early is important.
Responsibility usually starts with the at-fault driver, but it doesn’t always end there. Depending on the facts, potentially liable parties can include:
A careful investigation is often needed to identify all responsible parties and the insurance policies that may apply.
The compensation available depends on your injuries, how the crash happened, and the insurance involved. In many California motorcycle accident cases, injured riders may pursue:
If a rider is killed, surviving family members may have wrongful death and related survival claims, which have their own categories of damages and rules. In rare cases involving extreme or intentional misconduct, punitive damages may also be available under California law.
California has a universal helmet law. Under Vehicle Code section 27803, all motorcycle operators and passengers must wear a safety helmet that meets legal standards when riding on public roads.
Not wearing a helmet does not automatically bar you from bringing a claim. However, the defense may argue that some head, brain, or facial injuries would have been less severe if you had worn a compliant helmet. Courts and insurers look at the specific injuries, medical evidence, and overall circumstances when deciding whether to reduce compensation based on comparative fault. Riders who were wearing a proper helmet may find that documenting the helmet and damage to it helps show the seriousness of the impact.
Because helmet-law issues can be complex and fact-specific, it’s wise to discuss them with an attorney rather than assuming you do or do not have a case.
Yes. Lane splitting is legal in California when done safely. California is currently the only state that expressly defines lane splitting in statute and recognizes it as a lawful practice, and the California Highway Patrol has issued public guidance on safer lane-splitting behavior.
The fact that you were lane splitting does not automatically make you at fault for a crash. Fault is based on whether each person acted reasonably under the circumstances. A driver who suddenly changes lanes without signaling, drifts across lane lines, or intentionally blocks a rider can still be at fault even if the rider was lane splitting. In disputed cases, evidence like traffic conditions, speeds, vehicle positions, and video can be important to show how the lane splitting was being done and how other drivers were behaving.
If the at-fault driver has no insurance or only a small policy, it doesn’t necessarily mean you’re out of options. In many motorcycle cases, it’s important to:
UM/UIM coverage under your own policy can help make up the difference between the at-fault driver’s limited coverage and your actual damages, up to your UM/UIM limits. This coverage can be especially important for riders given the severity of many motorcycle injuries.
Often, yes. California follows pure comparative negligence, which generally allows injured people to pursue compensation even if they share some responsibility for the collision. Any recovery is reduced by their percentage of fault.
For example, if your total damages are valued at $200,000 and you’re found 25% at fault, your potential recovery could be reduced to $150,000. Insurance companies sometimes try to place extra blame on riders based on stereotypes about motorcyclists. A motorcycle accident lawyer can help investigate what actually happened, gather evidence, and challenge unfair fault allocations.
We work on a contingency fee basis, meaning you pay no upfront fees and no legal fees unless we win your case. This arrangement ensures that you can access high-quality legal representation without financial strain.
If a family member was killed in a motorcycle crash, certain relatives may have the right to bring wrongful death and related survival claims under California law. Wrongful death claims focus on the family’s losses, such as loss of financial support, household services, and the loss of the person’s love, companionship, and guidance. Survival claims focus on harms the person suffered before death, such as medical expenses, property damage, and, under current law, pre-death pain and suffering and, in some cases, punitive damages.
These cases are emotionally difficult and often involve complex fault and insurance issues—especially when multiple drivers, government entities, or product manufacturers are involved. A law firm experienced in motorcycle and wrongful death cases can explain who may file, what claims are available, and what the process is likely to look like.
Because riders are more exposed than occupants of cars, motorcycle crashes can result in especially serious injuries, including:
Serious injuries can require surgery, extended rehabilitation, and long-term changes in work, family responsibilities, and daily activities. Documenting the full impact of these injuries is an important part of many motorcycle accident cases.
Common causes of motorcycle accidents in California include:
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.