This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If a driver's mistake caused your motorcycle crash in Fullerton, California law lets you recover your medical bills, lost income, bike and gear damage, and pain and suffering, even if the insurer claims you share some of the blame. A Fullerton motorcycle accident lawyer can counter the bias riders often face, prove the driver was at fault, and pursue the full value of your claim.
Cefali & Cefali represents injured riders and passengers in Fullerton and across Orange County. Call (949) 325-7790 for a free consultation. You pay no attorney fee unless we recover compensation for you.
Where Motorcycle Crashes Happen in Fullerton
Fullerton sits between the SR-57 Orange Freeway, the SR-91 Riverside Freeway, and the I-5, and its main streets carry heavy commuter and student traffic. Riders are most often hurt:
On the SR-57 and SR-91, where sudden slowdowns and lane changes catch riders, including those lawfully lane splitting.
On Harbor Boulevard, State College Boulevard, and Imperial Highway, busy corridors where drivers turn left across oncoming lanes into shopping centers.
Around Cal State Fullerton and downtown Fullerton, where heavy foot traffic, parked cars, and drivers looking for parking create door and turning hazards.
On Orangethorpe Avenue, Chapman Avenue, and Commonwealth Avenue, with frequent signalized intersections and rear-end risk at red lights.
On Carbon Canyon Road (SR-142) just northeast of the city, a popular riding route with tight curves and limited sight lines.
Common Causes of Motorcycle Accidents
Most motorcycle crashes are caused by other drivers who fail to see or yield to a rider. The most common causes we see are:
Left turns in front of a rider. A driver turning left must yield to oncoming traffic close enough to be a hazard (Vehicle Code § 21801). "I didn't see the motorcycle" is not a defense.
Unsafe lane changes by drivers who do not check their blind spot (Vehicle Code § 22107).
Rear-end collisions at red lights and in stop-and-go freeway traffic, where a rider has nowhere to go.
Dooring, when a parked driver opens a door into traffic without checking (Vehicle Code § 22517).
Distracted and impaired drivers, including phone use and driving under the influence.
Road hazards such as potholes, uneven pavement, and debris, which can make a public agency responsible.
California Motorcycle Laws That Affect Your Claim
Lane Splitting Is Legal in California
Vehicle Code § 21658.1 recognizes lane splitting, riding between lanes of moving or stopped traffic. Lane splitting does not by itself make a rider at fault. The question is whether the rider was splitting safely for the conditions and whether the driver acted carelessly, such as changing lanes without looking. Read more about California lane splitting law.
The Helmet Law and Your Compensation
California requires every rider and passenger to wear a DOT-compliant helmet (Vehicle Code § 27803). If you were not wearing one, you can still bring a claim. The insurer may argue your head injuries would have been less serious with a helmet, which can reduce that part of your award, but it does not affect injuries a helmet would not have prevented, such as a broken leg.
Pure Comparative Fault
California follows pure comparative fault. If you share some of the blame, your compensation is reduced by that percentage, not eliminated. If your damages are $150,000 and you are found 20% at fault, you would recover $120,000. Insurers often try to pin extra fault on riders, which is why early evidence matters.
How We Prove Fault in a Fullerton Motorcycle Accident
To win a motorcycle accident claim, we must show the four parts of negligence:
Duty: the driver had a duty to drive with reasonable care and watch for motorcycles.
Breach: the driver failed to do so, for example by turning left in front of you or changing lanes without looking.
Causation: that failure caused the crash and your injuries.
Damages: you suffered real losses, such as medical bills, lost income, and pain.
We build that proof with the Fullerton Police Department collision report (or the CHP report for crashes on the SR-57, SR-91, or I-5), helmet camera and dashcam video, nearby business security footage, witness statements, damage to your bike and gear, and, in disputed cases, an accident reconstruction expert who can analyze speed, sight lines, and point of impact.
Common Motorcycle Accident Injuries
Riders have little protection in a collision, so injuries are often severe even at low speeds:
Head injuries, from concussions to skull fractures and traumatic brain injury, even with a helmet
Neck and back injuries, including herniated discs and spinal cord damage
Leg and foot injuries, such as fractures, crushed ankles, and knee ligament tears, often from the bike landing on the rider
Road rash, which can cause infection, nerve damage, and permanent scarring requiring skin grafts
Broken wrists, arms, and collarbones from bracing for impact
Seriously injured riders are often taken to St. Jude Medical Center in Fullerton or, for major trauma, to UCI Medical Center in Orange. We obtain those records to document every cost.
Compensation After a Motorcycle Crash in Fullerton
Medical expenses: emergency care, surgery, skin grafts, rehabilitation, and future treatment.
Lost income: wages missed while you recover and lost earning ability if you cannot return to the same work.
Property damage: repair or replacement of your motorcycle, plus your helmet, riding jacket, and other gear.
Pain and suffering: physical pain, emotional distress, scarring, and the loss of activities you enjoyed, including riding.
Riders should know one California rule: under Proposition 213 (Civil Code § 3333.4), a rider who did not have insurance at the time of the crash generally cannot recover pain and suffering damages, though medical bills and lost wages are still recoverable. The limit does not apply if the at-fault driver was convicted of DUI.
Since 2025, California's minimum auto liability coverage is $30,000 per person and $60,000 per accident for injuries. Motorcycle injuries often cost far more. We look for every available source of payment, including the driver's liability policy, an employer's policy if the driver was working, and your own uninsured and underinsured motorist (UM/UIM) coverage, which can apply when the driver had no insurance, too little insurance, or fled the scene. See our guide to California hit and run law.
Deadlines to File a Motorcycle Accident Claim
You generally have two years from the crash to file an injury lawsuit (Code of Civil Procedure § 335.1) and three years for property damage only (§ 338). If a pothole or other dangerous road condition on a City of Fullerton street or state highway contributed to the crash, a government claim must usually be filed within six months (Government Code § 911.2).
How Our Fullerton Motorcycle Accident Lawyers Help
We preserve evidence quickly, including video that can be erased within days.
We handle every call with the insurance companies so you do not give a statement that is used against you.
We push back on rider bias with evidence, not assumptions about how motorcyclists ride.
We document your full losses, including future care and replacement of your bike and gear.
We negotiate a settlement, and file suit in Orange County Superior Court if the insurer will not pay fairly.
We work on a contingency fee basis. The consultation is free, and you pay no attorney fee unless we recover money for you.
Contact a Fullerton Motorcycle Accident Lawyer
If you or a loved one was hurt in a motorcycle crash in Fullerton, get medical care first, then call us before you talk to the other driver's insurer. We serve Fullerton from our office at 27136 Paseo Espada, Suite 1123, San Juan Capistrano, and can meet by phone, video, or in person. Call (949) 325-7790 or contact us online.
Yes. Vehicle Code § 21658.1 recognizes lane splitting. Splitting lanes does not automatically make a rider at fault; what matters is whether the rider and the driver each used reasonable care.
Can I recover if I was not wearing a helmet?
Yes. Not wearing a helmet does not bar your claim. It may reduce compensation for head injuries a helmet would have prevented, but not for other injuries such as fractures or road rash.
What if the driver says they did not see me?
That is an admission, not a defense. Drivers must watch for motorcycles and yield when required. Failing to see a visible rider is usually evidence the driver was not paying attention.
How long do I have to file a motorcycle accident claim?
Generally two years from the crash for injuries and three years for property damage only. If a public road hazard or government vehicle was involved, a claim must usually be filed within six months.
What if the driver had no insurance or fled the scene?
Your own uninsured motorist coverage may pay for your injuries. Report a hit and run to police right away and write down anything you remember about the vehicle.
How much does a Fullerton motorcycle accident lawyer cost?
Cefali & Cefali works on a contingency fee. The consultation is free, there is no upfront cost, and you pay no attorney fee unless we recover compensation for you.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
