Lane Splitting in California: Is It Legal, and Does It Cause Fault?

A motorcycle crash gets pre-judged before the evidence is even in: riders get blamed by adjusters, officers, and juries just for being on two wheels. Lem Garcia of Lem Garcia Law breaks down gear bias, what California's lane-splitting and helmet laws actually say, the crash patterns that put riders in the hospital, and the coverage gap that catches almost every rider off guard. Questions answered in this episode: Why do motorcycle riders get blamed for crashes they didn't cause? Is lane splitting legal in California, and does it automatically make a rider at fault? What does California's helmet law require, and what is the helmet defense? Can a rider without a helmet still recover compensation? What is a motorcycle accident case typically worth in California? What insurance covers a rider when the at-fault driver has little or no coverage? What is the deadline to file a motorcycle accident claim in California? Topics covered: gear bias and rider stereotypes, California's pure comparative negligence rule, common motorcycle crash patterns, left-turn and left-cross collisions, conspicuity and the "I didn't see him" defense, lane splitting versus lane filtering, California's DOT helmet requirement, the helmet non-use defense, traumatic brain and spinal cord injuries, uninsured and underinsured motorist coverage, medical payments (MedPay) coverage, and California's two-year statute of limitations. Lem Garcia on lane splitting: "Lane splitting is legal in California. The law allows a motorcycle to ride between rows of stopped or even moving vehicles traveling in the same direction." Lem Garcia on the helmet defense: "There's a big difference between causing a crash and affecting the severity of an injury." Lem Garcia Law - West Covina, CA - 12 years, seven-figure recoveries, no recovery/no fee, lemgarcialaw.com | (626) 337-1111 | West Covina, CA | Oceanside, CA #MotorcycleAccidentLawyer #LaneSplittingCalifornia #HelmetDefense #WestCovinaRiders #CaliforniaComparativeNegligence #LemGarciaLaw The information in this episode is general California legal information, not legal advice for your specific situation. For advice on your case, contact Lem Garcia Law at (626) 337-1111 for a free consultation. Chapters 00:00:00 Welcome back to Car Accident Playbook with Lem Garcia 00:04:12 Why Do California Riders Get Blamed for Crashes They Didn't Cause? 00:07:02 What Is Gear Bias in a California Motorcycle Case? 00:08:34 How Does Comparative Fault Apply When Both Sides Made a Mistake? 00:10:10 What Crash Patterns Put West Covina Riders at Risk? 00:11:59 Why Are Left-Turn Crashes So Dangerous for California Riders? 00:13:34 What Is Conspicuity, and Why Doesn't "I Didn't See Him" Hold Up? 00:15:00 Is Lane Splitting Legal in California? 00:16:46 What's the Difference Between Lane Splitting and Lane Filtering? 00:18:08 Does Lane Splitting Automatically Make a Rider at Fault in California? 00:19:37 What Does California's Motorcycle Helmet Law Require? 00:20:51 What Is California's Helmet Defense, and How Do Insurers Use It? 00:22:09 Can a Rider Without a Helmet Still Recover in California? 00:23:09 What Injuries Are Most Common for California Motorcycle Riders? 00:24:30 How Does a Brain or Spinal Injury Change a Motorcycle Case? 00:26:23 What Is a Motorcycle Accident Case Typically Worth in California? 00:27:57 What Should a West Covina Rider Do After a Crash to Protect a Claim? 00:29:40 What Insurance Covers a Rider After a California Motorcycle Crash? 00:31:17 What Happens in California When the Driver Has Little or No Insurance? 00:32:52 What Is the Deadline to File a Motorcycle Claim in California? 00:34:10 When Should an Injured West Covina Rider Talk to a Lawyer? 00:34:59 Lem Garcia's Final Word for Injured Riders in West Covina