California’s scenic coastal highways and mountain roads make it a paradise for motorcycle enthusiasts. However, riding in the Golden State comes with specific legal responsibilities that every motorcyclist must understand. We at Carcione, Henderson & Markowitz, LLP intimately understand how California motorcycle laws can affect your rights following an accident and how these laws differ significantly from those governing standard vehicle collisions.
Severe motorcycle accident injuries often require extensive medical treatment, resulting in substantial bills and lost income during recovery. Insurance companies frequently try to minimize payouts by exploiting biases against motorcyclists or misinterpreting state laws to their advantage.
When you’re facing these challenges, why should you have an experienced legal advocate who thoroughly understands motorcycle laws in California? They can make the difference between receiving fair compensation and being left with overwhelming expenses. At CHM Law Firm, our knowledgeable and dedicated attorneys have spent over four decades protecting the rights of injured motorcyclists throughout San Mateo and beyond. Contact us today for a free, no-obligation consultation with a motorcycle accident attorney who will stand firmly by your side.
What Riding Laws Apply to Motorcyclists in California?
The California motorcycle lane-splitting law is perhaps the most distinctive regulation affecting riders in the state. Is lane-splitting legal in San Mateo? Yes. Unlike most other states, California explicitly permits lane splitting, which is the practice of riding between lanes of slow-moving or stopped traffic. While legal, the California Highway Patrol recommends exercising extreme caution when lane splitting, only doing so when traffic is moving at speeds below 30 mph, and not exceeding the flow of traffic by more than 10 mph.
Other crucial motorcycle safety laws include the following:
- You must use turn signals to indicate your intention to turn during the last 100 feet before the maneuver.
- You must use a working headlight day and night.
- Your motorcycle must be equipped with at least one mirror providing a view of the highway for at least 200 feet behind the motorcycle.
- Handlebars cannot be positioned so that the rider’s hands are more than six inches above shoulder height when seated.
- All motorcycles must have a working horn audible from at least 200 feet.
These regulations aim to enhance rider visibility and control, reducing accident risks on California roads. We at CHM Law Firm understand how adherence to or violations of these laws can impact your case following an accident.
What Are the Motorcycle License and Tag Requirements in California?
Many people want to know how to get a motorcycle license in California. Being properly licensed and registered is fundamental to legally operating a motorcycle in California.
The state requires all motorcyclists to obtain either a Class M1 license (for standard motorcycles) or a Class M2 license (for motorized bicycles, mopeds, or scooters). The California motorcycle test includes written and skills assessments that evaluate your knowledge of road rules and ability to safely handle a motorcycle.
Registration requirements for motorcycles include the following:
- Proof of ownership (title or purchase documentation)
- Completed application for registration
- Payment of applicable fees
- Proof of insurance meeting minimum state requirements or a surety bond of $35,000
- Safety inspection certification, when applicable
Do I Need a Motorcycle Endorsement to Ride in California?
California requires all motorcycle operators to have either a dedicated motorcycle license or a motorcycle endorsement on their standard driver’s license. The legal age for a motorcycle license or the age to drive a motorcycle in California is 16, though riders under 21 face additional requirements.
To obtain a motorcycle endorsement, you must do the following:
- Complete an application with the California DMV
- Pass a motorcycle knowledge test
- Pass a motorcycle skills test
- Pay the required fees
- Submit proof of completion of a California motorcycle course if under 21 years of age
Riding without proper endorsement is not only illegal — it can severely limit your ability to recover compensation if you’re involved in an accident.
What Is the California Motorcycle Helmet Law?
Do you have to wear a helmet on a motorcycle? Yes. The California motorcycle helmet law mandates that all motorcycle operators and passengers, regardless of age or experience, wear properly fitted and fastened safety helmets that meet Department of Transportation (DOT) standards. This universal helmet law applies whenever a motorcycle is being operated on public roads and highways.
A helmet must do the following:
- Bear the DOT certification sticker
- Fit securely without excessive movement
- Be properly fastened with chin straps
- Cover the rider’s entire head
- Be free from defects that could compromise protection
Helmets significantly reduce the risk of fatal head injuries by approximately 42 percent and head injuries by roughly 69 percent.
Will Not Wearing a Helmet Affect My Motorcycle Accident Claim?
Violating the California motorcycle helmet law can significantly affect your ability to recover full compensation after an accident. While not wearing a helmet doesn’t automatically bar you from seeking damages, it can reduce your compensation through comparative negligence principles. Insurance companies can argue that you contributed to your own injuries, and failure to wear a helmet can also complicate medical causation arguments in your case.
The penalties for not wearing a motorcycle helmet in California go beyond traffic citations — they can severely undermine your personal injury claim. If you weren’t wearing a helmet during an accident, having skilled legal representation is especially crucial. The lawyers at CHM Law Firm have experience fighting for fair compensation, even in cases where lack of helmet use is a complicating factor.
What Are the Motorcycle Passenger Laws in California?
California law permits carrying passengers on motorcycles only under specific conditions. Motorcycles that carry passengers must be appropriately equipped with either a sidecar specifically designed for passengers or with the following:
- A securely attached passenger seat
- Separate footrests specifically for the passenger’s use
- Handgrips for the passenger if the motorcycle is designed to carry a passenger
Additionally, passengers must do the following:
- Wear DOT-approved helmets
- Sit astride the motorcycle facing forward
- Keep both feet on the footrests when the motorcycle is in motion
Can a Child Ride on the Back of a Motorcycle?
The question of whether a child can ride on the back of a motorcycle in California often arises. The motorcycle passenger age limit in California is not explicitly defined, but several key requirements effectively limit child passengers, including the following:
- The child must be tall enough to reach the passenger footrests
- The child must be capable of holding on securely
- The child must wear a properly fitted DOT-approved helmet
The legal age for a child to ride on the back of a motorcycle is effectively determined by these physical requirements rather than a specific age. Generally, most safety experts recommend that children be at least five feet tall or around 12 years old before riding as passengers.
What Is California’s Motorcycle Insurance Law?
California requires all motorcyclists to carry minimum liability insurance coverage that encompasses the following:
- $30,000 for injury or death to one person
- $60,000 for injury or death to multiple people
- $15,000 for property damage
However, these minimums often prove inadequate after a serious accident. Medical costs alone can quickly exceed these limits, leaving riders financially vulnerable. CHM Law Firm strongly recommends carrying higher coverage limits and additional coverages such as the following:
- Uninsured/underinsured motorist coverage
- Medical payments coverage
- Comprehensive and collision coverage
After an accident, insurance coverage becomes a critical factor in your ability to recover compensation. Our attorneys have extensive experience dealing with insurance companies and can help you seek the maximum compensation available under the at-fault party’s policy.
Is California a No-Fault State for Motorcycles?
California operates under a traditional fault-based system for all vehicular accidents, including motorcycle accidents. This means the person responsible for causing an accident is financially liable for the injuries and losses that result from the crash. Establishing fault is crucial to recovering compensation in motorcycle accident cases.
California also follows “pure comparative negligence” principles. Under these rules, you can recover compensation even if you’re partially at fault for a collision. However, your compensation will be reduced in proportion to your percentage of fault. As such, documentation and evidence are crucial in establishing fault percentages so that you can recover the maximum compensation you deserve.
CHM Law Firm’s attorneys excel at building compelling liability cases to maximize your potential compensation.
How Long Do I Have to File a Motorcycle Accident Lawsuit in California?
In California, the statute of limitations for personal injury claims, including motorcycle accidents, generally allows two years from the accident date for you to file a lawsuit against the at-fault party. Otherwise, you may lose your right to seek compensation through the courts.
However, there are a few exceptions, such as the following:
- Claims against government entities require filing an administrative claim within six months.
- If injuries weren’t immediately discovered, the clock may start running from the date of discovery.
- The limit extends to three years for property damage claims only.
- For minors, the limitations period may be paused until they reach adulthood.
Contact a Motorcycle Accident Lawyer in San Mateo Today
Understanding the nuances of motorcycle laws in California is crucial to building a successful compensation case. At CHM Law Firm, we have recovered hundreds of millions of dollars for victims of serious accidents throughout California. Our attorneys have the legal knowledge and practical experience to navigate these complex laws while advocating aggressively for your rights against insurance companies and corporate defendants.
Contact CHM Law Firm today for a free, no-obligation consultation where we’ll evaluate your case and explain your options. You pay nothing unless we recover compensation on your behalf. Let our team fight for the justice and compensation you deserve during this challenging time.