Riders have the same rights as every other driver. They also face arguments about fault that drivers of cars rarely hear.
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The general rule in each state. The guide below covers the exceptions.
A motorcycle crash is decided by the same rules as any other crash: who was careless, what that caused, and what insurance exists. A rider hit by a driver who turned left across their path, or changed lanes without looking, has a claim like any other injured person.
What differs is the argument. Riders are more exposed, so injuries are often worse and claims are larger. And insurance companies are quick to suggest the rider was speeding, weaving or hard to see. Knowing your state's rules on helmets and lane position tells you which of those arguments can be made against you.
| California | Texas | Washington | |
|---|---|---|---|
| Motorcycle helmets | Required for every driver and passenger.Cal. Veh. Code § 27803 | Required, with one exception: a rider who is at least 21 and has completed an approved safety course, or has health insurance that covers motorcycle injuries.Tex. Transp. Code § 661.003 | Required for every operator and passenger.RCW 46.37.530 |
Not wearing a helmet does not cause a crash, and it does not excuse a driver who did. But where a helmet was required and the injury is to the head or face, an insurer may argue that part of the harm is the rider's own doing. That argument goes to how much is recovered, not to who caused the collision, and it has no place when the injury is to a leg, an arm or the spine.
This is the rule that differs most.
| California | Texas | Washington | |
|---|---|---|---|
| Riding between lanes | California law defines lane splitting, riding a motorcycle between rows of stopped or moving vehicles in the same lane, and does not prohibit it.Cal. Veh. Code § 21658.1 | Not allowed. A motorcycle may not travel between lanes of traffic moving in the same direction or pass a vehicle within the same lane.Tex. Transp. Code § 545.0605 | Not allowed. A motorcycle may not travel between lanes of traffic or between rows of vehicles.RCW 46.61.608 |
In Texas and Washington, a rider who was between lanes at the moment of the crash was breaking a traffic law, and that will be used as evidence of fault. In California the practice is not prohibited, so the question becomes whether the rider was doing it safely: how fast, how much faster than the traffic around them, and in what conditions.
In any state, a driver who changes lanes without checking, or opens a door into traffic, can still be at fault, wholly or in part.
Because the blame is so often split in motorcycle cases, the state's rule on shared fault carries a lot of weight.
Shared fault: an example
Two example shares of fault. In a real claim the share is decided from the evidence.
| State | Share of your damages you keep |
|---|---|
| California | 80% |
| Texas | 80% |
| Washington | 80% |
| State | Share of your damages you keep |
|---|---|
| California | 40% |
| Texas | Noneabove 50 percent at fault |
| Washington | 40% |
| California | Texas | Washington | |
|---|---|---|---|
| If you were partly at fault | California reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault.Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405 | Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing.Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 | Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault.RCW 4.22.005; RCW 5.40.060 |
The arguments are familiar: speed, lane position, visibility, experience. The answers are in the evidence. Photos of the vehicles and the road, the point of impact, skid marks, helmet and gear damage, video from nearby cameras, and independent witnesses all help show what happened, and they are the reason to document a motorcycle crash thoroughly.
The driver who caused the crash is responsible, and their liability insurance is first in line. The required minimums are low compared with the cost of a serious motorcycle injury.
| California | Texas | Washington | |
|---|---|---|---|
| Minimum liability insurance drivers must carry | $30,000 for the injury or death of one person, $60,000 for two or more people, and $15,000 for property damage, for policies issued or renewed since January 1, 2025. The older figures of $15,000, $30,000 and $5,000 no longer apply.Cal. Veh. Code § 16056(a)(2) | $30,000 for the injury or death of one person, $60,000 for two or more people, and $25,000 for property damage, in one collision.Tex. Transp. Code § 601.072(a-1) | $25,000 for the injury or death of one person, $50,000 for two or more people, and $10,000 for property damage, in one accident.RCW 46.29.090 |
| Uninsured and underinsured motorist coverage | Every auto liability policy includes uninsured and underinsured motorist coverage unless the insurer and a named insured removed or reduced it in a signed written agreement.Cal. Ins. Code § 11580.2(a) | An auto policy in Texas must include uninsured and underinsured motorist coverage unless a named insured rejected it in writing. If you never signed a rejection, you may have this coverage without knowing it.Tex. Ins. Code § 1952.101 | A new auto policy must include underinsured motorist coverage, which in Washington also covers uninsured, hit and run and phantom vehicles, unless the named insured or spouse rejected it in writing.RCW 48.22.030 |
That makes your own policy important. Check whether your motorcycle policy includes uninsured and underinsured motorist coverage. Do not assume it matches what is on your car policy, and do not assume medical payments coverage or PIP applies on a motorcycle without reading the policy. If you are unsure, ask the insurer in writing.
The first 72 hours checklist covers each step with your state's reporting rules.
The clocks that can be running
More than one deadline can apply to the same event. The bars share one scale: the full width is 3 years.
Notice to your own insurer
Right away Policies require prompt notice of a crash.
Claims against a government agency
Deadline to sue for an injury
Deadline for a claim under your own policy
Its own deadline It runs on your policy’s terms and on rules of its own, and it is not always longer than the lawsuit deadline.
| California | Texas | Washington | |
|---|---|---|---|
| Claims against a government agency | A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.Cal. Gov. Code §§ 911.2, 911.4, 945.6 | A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.Tex. Civ. Prac. & Rem. Code § 101.101 | Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days.RCW 4.96.020; RCW 4.92.100; RCW 4.92.110 |
| Deadline to sue for an injury | Generally two years for an injury caused by someone else’s wrongful act or carelessness.Cal. Code Civ. Proc. § 335.1 | Two years from the day the claim arises. For most crashes and falls that is the day of the injury.Tex. Civ. Prac. & Rem. Code § 16.003(a) | Three years for most injury claims.RCW 4.16.080(2) |
| Deadline for a claim under your own policy | For an uninsured motorist claim, one of three things must happen within two years of the crash: a lawsuit is filed against the uninsured driver, an agreement on the amount is reached with your insurer, or arbitration is formally started in writing by certified mail.Cal. Ins. Code § 11580.2(i) | A claim against your own insurer for uninsured or underinsured motorist benefits is a contract claim, generally subject to a four year limit. The deadline to sue the driver who caused the crash is still two years.Franco v. Allstate Ins. Co., 505 S.W.2d 789 (Tex. 1974); Tex. Civ. Prac. & Rem. Code § 16.051 | No rule published here for this state. Ask us. |
A crash caused by a road defect, or one involving a government vehicle, brings the much shorter government claim rules into play. Use the deadline checker for the general rule.
Our intake team answers at any hour. Tell us what happened or call 800-411-9049.
Going without a helmet does not cause a crash, and it does not excuse a driver who did. California and Washington require a helmet for every rider and passenger, and Texas requires one with an exception for some riders who are at least 21. Where a helmet was required and the injury is to the head or face, an insurer may argue that part of the harm is the rider’s own doing. That argument is about how much is recovered, not about who caused the collision.
No. In Texas a motorcycle may not travel between lanes of traffic moving in the same direction or pass a vehicle within the same lane, and in Washington it may not travel between lanes of traffic or between rows of vehicles. California is different: its law defines lane splitting and does not prohibit it.
It depends on the state and on how each person was driving. In Texas and Washington, a rider who was between lanes was breaking a traffic law, and that will be used as evidence of fault. In California the question is whether the rider was doing it safely. In any state, a driver who changes lanes without checking, or opens a door into traffic, can still be at fault, wholly or in part.
A rider hit by a driver who turned left across their path has a claim like any other injured person. Fault is worked out from the evidence, and insurance companies are quick to suggest the rider was speeding or hard to see. Photos, the point of impact, skid marks, helmet and gear damage, video from nearby cameras and independent witnesses are what answer those arguments.
In California and Washington your damages are reduced by your share of the fault, and you can still recover something. Texas makes the same reduction but allows no recovery if you are found more than 50 percent responsible. Washington has an exception for an injured person who was under the influence.
Do not assume so. Check whether your motorcycle policy includes uninsured and underinsured motorist coverage, and do not assume medical payments coverage or PIP applies on a motorcycle without reading the policy. If you are unsure, ask the insurer in writing.
Generally two years in California and Texas and three years in Washington. A crash caused by a road defect, or one involving a government vehicle, brings the much shorter government claim rules into play.
Primary sources for the rules on this page. Checked on the dates shown.
This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.
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