Time Sensitive: California Law Limits Your Window to File
In most California motorcycle accident cases you have only two years from the date of the crash to file a lawsuit. Claims against a government entity may allow as little as six months.
Callahan & Blaine, PC has more than 42 years of trial experience and 32 attorneys ready to protect your right to recover. Acting early preserves evidence and protects your claim.
How a Newport Beach Motorcycle Accident Attorney Can Help
Motorcycle accident claims are more difficult than they first appear. Insurance carriers frequently rush to blame the rider, relying on the widespread and unfair assumption that motorcyclists are reckless, and their early settlement offers rarely reflect the true cost of a serious injury. Overcoming that bias takes experienced legal counsel and a thorough investigation. When you hire Callahan & Blaine, PC, our attorneys manage every part of that process on your behalf.
- Investigate the crash and gather accident reports, eyewitness accounts, and photographs from the scene.
- Preserve time-sensitive evidence such as traffic camera and surveillance footage before it is lost.
- Use your medical records to document the full extent of your injuries, both now and in the future.
- Counter the insurer’s attempts to shift blame onto you as the rider.
- Negotiate firmly for a fair settlement and prepare every case for trial from the outset.
Why Motorcycle Accidents Are So Devastating
According to the California Office of Traffic Safety, California has more registered motorcycles than any other state, and motorcyclist injuries and fatalities remain a serious concern year after year. Because a motorcycle offers almost none of the protection of an enclosed vehicle, riders and passengers are exposed to the full force of a collision, as well as the additional harm of being thrown from the bike onto the road. Even with a helmet, a rider struck by a passenger vehicle can suffer life-altering injuries, including:
- Traumatic brain injuries and concussions
- Spinal cord injuries and paralysis
- Broken and dislocated bones
- Severe lacerations and road rash
- Internal organ damage and internal bleeding
- Amputation and permanent disfigurement
These injuries frequently require emergency treatment, surgery, and months or years of rehabilitation, and their long-term costs can be difficult to calculate without experienced legal and medical support.
Common Causes of Motorcycle Accidents in Newport Beach
Most motorcycle crashes are caused by the negligence of other drivers, not the riders themselves. Along the Pacific Coast Highway and the busy surface streets throughout Newport Beach, we frequently see collisions caused by:
- Drivers making left turns across the path of an oncoming motorcycle.
- Unsafe lane changes and drivers who fail to check for riders in their blind spots.
- Failure to yield the right of way at intersections and stoplights.
- Distracted, impaired, or speeding drivers.
- Drivers following too closely and rear-ending a motorcycle.
California is also one of the few states where lane splitting is legal. Under California Vehicle Code section 21658.1, riders may travel between lanes of stopped or slow-moving traffic, and the fact that a motorcyclist was lane splitting does not by itself make the rider at fault for a crash. Insurance companies sometimes argue otherwise, which is one more reason to have an experienced advocate protecting your rights.
When the Insurance Company Blames the Rider
California follows a pure comparative fault rule, which means your recovery can be reduced in proportion to any share of fault assigned to you. Insurers know this and often try to pin an outsized share of the blame on the motorcyclist to reduce what they must pay. Our attorneys push back against those tactics with hard evidence, reconstructing how the crash actually happened and holding the responsible driver accountable for their conduct. Even if you are found partly at fault, you may still recover, and the precise assignment of fault can significantly affect the value of your claim.
Compensation Available in a Motorcycle Accident Claim
Because a serious motorcycle crash can affect a person’s health, finances, and future for years, a fair recovery must account for both present and long-term losses. California law allows victims to recover several categories of compensation.
Categories of Recoverable Compensation
Economic damages. The measurable financial losses, including past and future medical care, rehabilitation, lost wages, diminished earning capacity, and property damage.
Non-economic damages. The human losses that do not carry a receipt, such as pain and suffering, disfigurement, and the loss of enjoyment of life.
Punitive damages. In cases involving especially reckless or malicious conduct, additional damages intended to punish the wrongdoer and deter similar conduct.
The Statute of Limitations for Newport Beach Motorcycle Accident Claims
California law sets a firm deadline for filing a motorcycle accident lawsuit, and missing it can permanently end your right to recover. Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the crash to file a personal injury lawsuit. If a motorcycle crash proves fatal, a wrongful death claim generally must be filed within two years of the date of death.
When a government entity may share responsibility, such as a crash caused by a dangerous roadway condition or a collision with a public vehicle, a formal claim must usually be presented within six months under the California Government Claims Act. Because these deadlines are strict and the exceptions are narrow, it is wise to speak with a Newport Beach motorcycle accident attorney as soon as possible so that critical evidence is preserved and your claim is protected.
Why Choose Callahan & Blaine, PC for Your Motorcycle Accident Case
Selecting the right legal representation after a serious motorcycle crash is one of the most consequential decisions a family can make. Our clients are not choosing a firm based on advertising alone. They are looking for attorneys who have demonstrated, in courtrooms and at settlement tables, that they know how to win.
Callahan & Blaine, PC
More than 42 years of trial experience. 32 attorneys. Home to the largest jury verdict in Orange County history at $934 million. When you hire our firm, you gain a team that prepares every motorcycle accident case for trial from the very first day.
When a motorcycle crash proves fatal, a wrongful death attorney from our team is available to help surviving family members pursue the compensation they are owed. We treat every client as an individual whose life has been changed, never as a file number.
Frequently Asked Questions About Motorcycle Accident Claims
Below are answers to some of the questions we hear most often from motorcycle accident victims and their families in Newport Beach.
Is lane splitting legal in California, and does it affect my claim?
Yes. California Vehicle Code section 21658.1 permits lane splitting, so the fact that you were riding between lanes does not by itself make you at fault for a crash. Insurers sometimes try to use lane splitting to shift blame onto the rider, but an attorney can present the evidence needed to establish what actually caused the collision.
The insurance company says the crash was my fault. Can I still recover?
Often, yes. California follows a pure comparative fault rule, so you may still recover even if you share some responsibility. Your recovery is reduced by your percentage of fault rather than barred entirely, which is why it is important to have an attorney challenge an insurer’s attempt to over-assign blame to you.
What should I do if the driver who hit me left the scene?
Report the crash to law enforcement as soon as possible and seek medical care. Even in a hit-and-run, compensation may still be available, including through your own uninsured motorist coverage. An attorney can help identify every possible source of recovery and preserve evidence such as nearby camera footage.
How long do I have to file a motorcycle accident claim in Newport Beach?
In most cases you have two years from the date of the crash to file a personal injury lawsuit in California. If a government entity may be responsible, you may have as little as six months to submit a formal claim, so it is best to seek legal help promptly.
How is compensation calculated in a motorcycle accident case?
Compensation reflects the full impact of the crash, including current and future medical care, lost income, diminished earning capacity, and non-economic losses such as pain and loss of enjoyment of life. Riders who suffer permanent, disabling injuries generally recover the most, and an attorney can help document the true long-term value of your claim.
Contact a Newport Beach Motorcycle Accident Lawyer Today
A serious motorcycle crash changes everything, and the decisions you make now can shape your recovery for the rest of your life. Callahan & Blaine, PC brings more than 42 years of trial experience and a team of 32 attorneys to your corner, along with the resources and determination to hold negligent parties fully accountable for the harm they cause.
If you or a member of your family has been injured in a motorcycle accident in Newport Beach or anywhere throughout Orange County, do not wait to protect your rights. Let our team review what happened and explain the options available to you. Contact us to submit your potential case today.
