Tustin Motorcycle Accident Attorney
Injured in a Motorcycle Crash in Tustin?
Riders have almost no protection in a crash. Even at city speeds, a collision with a car can mean broken bones, road rash, head and spinal injuries, and months off work. And motorcyclists face something car drivers don't: a quiet assumption, sometimes from adjusters and jurors, that the rider must have been doing something risky.
I'm Gary A. Peterson. I've practiced law for more than 30 years, and for the last 20-plus I've represented injured people, including many riders. Before that, I defended insurance companies, so I know how insurers use rider bias to lower offers, and how to counter it with evidence. When you hire my office, you work directly with me.
No Win, No Fee.
Contact Us Today.
Common Causes of Motorcycle Accidents
Most of the crashes I see are caused by drivers who didn't look for a motorcycle:
- a car turning left across the rider's path at an intersection or driveway
- unsafe lane changes into a rider in a blind spot
- rear-end crashes in slowing freeway traffic
- drivers opening doors or pulling out of parking spaces
- distracted, drunk or fatigued drivers
- potholes, gravel and other road hazards
California Motorcycle Laws That Affect Your Case
Lane splitting
Lane splitting, riding between rows of stopped or slow-moving vehicles, is legal in California, and the Vehicle Code (section 21658.1) defines it. Insurers still try to blame a rider who was splitting lanes. The question is whether the rider was riding safely for the conditions and whether a driver acted carelessly, for example by changing lanes without looking.
Helmets
California requires every rider and passenger to wear a helmet that meets the federal safety standard (FMVSS 218, shown by a DOT label). Not wearing one doesn't bar your claim, but the insurer may argue it made a head injury worse. I cover the details in California's helmet laws.
Licenses and permits
Riders need an M1 license, and permit holders can't ride at night, on the freeway or with a passenger. Breaking these rules doesn't automatically make you at fault for a crash someone else caused, but insurers will raise it, so it's important to deal with it directly.
How I Build a Motorcycle Case
I studied mechanical engineering before law school, and that helps in rider cases, where the physics of the crash often decides fault. I use scene evidence, vehicle damage, video and accident reconstruction to show speed, sight lines and where each vehicle was. I also look at every source of insurance, including your own uninsured and underinsured motorist coverage, because many drivers carry only the minimum (now $30,000 per person in California), which rarely covers a serious motorcycle injury. See my page on uninsured and underinsured motorist claims.
What You Can Recover After a Motorcycle Accident
- medical bills, surgery and rehabilitation, now and in the future
- lost wages and reduced earning capacity
- pain and suffering, scarring and emotional distress
- repair or replacement of your motorcycle, including custom work and aftermarket parts
- damaged riding gear, such as your helmet, jacket and boots
Over my career, I've recovered over $20 million for my clients in total.
What a Client Says
"I had a traumatic motorcycle accident in January 2013. I was represented by an exemplary attorney… His professionalism, tenacity, and sincereness to help his clients are truly reflected in his character resulting in an outstanding professional attorney."
- David (via Avvo)
How Fees Work: No Recovery, No Fee Guarantee
I handle motorcycle accident cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.
Motorcycle Accident FAQs
Is lane splitting legal in California?
Yes. California law allows lane splitting, and the Vehicle Code defines it as riding a motorcycle between rows of stopped or moving vehicles in the same lane. A rider who splits lanes can still recover if a driver's carelessness caused the crash.
Can I recover if I wasn't wearing a helmet?
Yes. Not wearing a helmet doesn't stop you from bringing a claim. The insurer may argue it made a head injury worse, which could reduce that part of your compensation, but it doesn't affect injuries a helmet wouldn't have prevented.
Who pays if the driver who hit me had no insurance?
Your own uninsured motorist coverage, if your motorcycle policy includes it. Underinsured motorist coverage can help when the driver's limits are too low for your injuries.
How long do I have to file a motorcycle accident claim?
Generally two years from the date of the crash in California, and usually six months for a claim involving a government vehicle or a dangerous public road.
What if the insurer says I was speeding?
Insurers often make that claim without proof. Vehicle damage, scene evidence, video and reconstruction can show how fast you were really going. Even if you were partly at fault, California's comparative fault rule only reduces your compensation by your share.
Talk to a Tustin Motorcycle Accident Lawyer
If you were hurt in a motorcycle crash, call me at (714) 461-6003 or request a free consultation. I'll review the crash, explain your options and tell you honestly how I can help. You can also read more about my background, see the other types of injury cases I handle, or read what riders need to know to stay safe.
No Win, No Fee.
Contact Us Today.
No Win, No Fee.
Contact Us Today.