Motorcycle crashes carry a problem car crashes don’t: insurers and defense lawyers routinely blame the rider first. If you were lane splitting, not wearing a helmet, or simply riding a motorcycle at all, an adjuster may already be building a case for why you share the fault. James Hann focuses on pushing back against that bias and building the case for what happened. A free consultation costs you nothing and gives you a clear read on where your case stands.
How Lane Splitting Gets Used Against Riders
Lane splitting, riding a motorcycle with two wheels on the ground between rows of stopped or slow-moving traffic in the same lane, is legal in California. California Vehicle Code 21658.1 defines the practice and authorizes the CHP to develop safety guidance for it. It does not ban it. Many riders don’t realize how much that single fact gets twisted once a claim is filed.
The CHP’s current guidance on safe lane splitting focuses on speed differential and overall traffic speed, not a fixed numeric rule. That guidance was never meant to set a legal standard of care, but insurance adjusters and defense counsel treat it that way. If you were splitting lanes faster than an adjuster thinks was reasonable, expect an argument that you share the blame, sometimes most of the blame, for what happened. Under California’s comparative negligence rule, a rider found partly at fault still recovers damages, just reduced by that percentage. The fight is almost always over what that percentage should be.
There’s also a well-known bias against motorcyclists in these fights. Jurors and adjusters tend to assign more fault to a rider than to a driver in a comparable crash, simply because it involves a motorcycle. James Hann has built his personal injury practice in San Jose around pushing back on that bias with the facts of the crash itself, not assumptions about riders in general.
The Helmet Law’s Role in a Damages Claim
A few points worth knowing before an insurer raises the helmet question:
Common Injuries in a San Jose Motorcycle Accident
San Jose ranked as the safest of California’s 15 largest cities for motorcycle crash volume in the state’s most recent Office of Traffic Safety comparison. That’s a reassuring number, but it doesn’t change what happens to a rider’s body when a crash does occur here. A motorcycle offers almost nothing between the rider and the pavement, and the injuries reflect that.
Road rash is one of the most common: a rider slides across pavement after being thrown from the bike, scraping away skin and sometimes leaving lasting scarring even through protective gear. Head injuries tend to be the most severe, since a rider is often thrown headfirst into a vehicle, the ground, or a barrier, with outcomes ranging from a concussion to permanent brain damage.
Pelvic fractures are especially serious for older riders, whose bones fracture more easily and heal more slowly, sometimes with permanent loss of mobility. Spinal cord injuries carry the highest stakes of all, with the potential for lasting paralysis. Lower-extremity injuries, fractures to the hip, ankle, foot, or knee, are common in motorcycle collisions generally, since riders have no frame or door panel to absorb the impact.
Car crash victims face many of these same injuries. Hann Law Firm handles car accident cases in San Jose, CA with the same close attention to medical evidence.
Work With James Hann on Your Motorcycle Accident Case in San Jose
James Hann built Hann Law Firm around riders who need someone willing to challenge an insurer’s first read on fault. He reviews the crash facts and the medical evidence before any number gets discussed with an adjuster. A free consultation is the place to start.
Sources
- California Office of Traffic Safety, San Jose 2021 crash rankings
- California Vehicle Code 21658.1, lane splitting
- California Vehicle Code 27803, helmet requirement
Areas of Law Practice in San Jose, CA at Hann Law Firm
At Hann Law Firm, we focus on several areas of law practice. Our Law Firm in San Jose, CA brings practical experience and attention to detail to all the areas we serve.
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Motorcycle Accident FAQs
If you’re unsure about your next steps, the answers below address common questions injured riders and their families often ask about motorcycle accident cases.
Is Lane Splitting Legal in California?
Yes. California Vehicle Code 21658.1 defines and regulates lane splitting; it doesn’t prohibit it. What trips riders up is that insurers often treat the CHP’s non-binding safety guidance as a strict speed rule and argue you were splitting lanes unsafely to shift fault onto you. How far that argument gets often decides how much of your claim survives.
How Long Do I Have to File a Motorcycle Accident Claim in California?
California gives you two years from the crash date to file a motorcycle injury lawsuit. That window can be much shorter if a public entity played a role, a city-owned vehicle or a poorly maintained road, since claims against government agencies carry their own short notice deadline. Getting a lawyer involved early protects your options either way.
How Can Hann Law Firm Help With My Motorcycle Accident Case?
Hann Law Firm represents injured riders throughout San Jose and the surrounding area. James Hann reconstructs what happened and pushes back on any comparative-fault argument tied to lane splitting or helmet use. When the insurance company won’t offer a number that reflects the injury, he pursues litigation.