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.
Motorcycle crashes are among the most dangerous on the road, because a rider has almost no protection when a careless driver fails to see them or yield. If you were injured in a motorcycle accident in Mission Viejo, you can recover compensation for your medical bills, lost wages, and pain and suffering, and California law does not treat you as less deserving because you ride. The Mission Viejo motorcycle accident attorneys at Cefali & Cefali fight the anti-rider bias insurers rely on and pursue the full value of your claim. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
California Motorcycle Laws Every Rider Should Know
Helmets are required (Vehicle Code 27803). California has a universal helmet law: every motorcycle rider and passenger must wear a DOT-approved helmet. Wearing one protects your safety and removes an argument insurers otherwise use against riders.
Lane splitting is legal (Vehicle Code 21658.1). California is the only state that expressly allows lane splitting. A rider splitting lanes is acting lawfully, and a driver who drifts, doors, or fails to check a blind spot and hits them can still be at fault.
Riders have equal rights to the road. Drivers must yield and follow the same rules toward motorcyclists as toward any vehicle, including maintaining a safe following distance under Vehicle Code 21703.
California follows pure comparative negligence, so even if the insurer argues you were partly at fault, you can still recover, with your award reduced only by your percentage of fault. This matters for riders because insurers often try to blame the motorcyclist, and an attorney's job is to counter that with the actual evidence.
How Motorcycle Accidents Happen in Mission Viejo
South Orange County is popular with riders, and Mission Viejo sits near some of the region's best-known motorcycle roads, including the Ortega Highway (State Route 74) and Santiago Canyon Road, along with heavy commuter traffic on Interstate 5 and busy arterials like Crown Valley Parkway, Marguerite Parkway, and La Paz Road. Most serious crashes here are caused by driver negligence, including:
Left-turn and failure-to-yield collisions, when a driver turns across or pulls out in front of a rider
Distracted driving, when a driver on a phone never sees the motorcycle
Unsafe lane changes into a rider in a blind spot
Speeding and impaired driving, which reduce reaction time
Dangerous road conditions, such as potholes and debris, which affect a two-wheeled vehicle far more than a car
Seriously injured riders in Mission Viejo are often treated at Mission Hospital Mission Viejo, the Level II trauma center for South Orange County. If a claim becomes a lawsuit, it is filed at the Orange County Superior Court Central Justice Center in Santa Ana.
Common Motorcycle Accident Injuries
Because riders are exposed, motorcycle crashes tend to cause severe injuries, including traumatic brain injuries and concussions (even with a helmet), spinal cord injuries that can cause paralysis, road rash and deep lacerations, broken bones, and internal injuries. In the most tragic cases, a fatal crash gives the rider's family the right to bring a wrongful death claim. Because some injuries are not obvious at the scene, prompt medical care matters for both your recovery and your claim.
Proving Fault in a Mission Viejo Motorcycle Accident
Sometimes fault is obvious, as when a driver turns left across a rider's path. Often, though, the driver and their insurer dispute it, and proving the driver's negligence takes evidence: the police report, photos and scene evidence, witness statements, traffic or dashcam footage, and sometimes an accident-reconstruction expert. Common signs of driver fault include failing to yield the right of way, distracted or impaired driving, driving too fast for conditions, and failing to keep a safe distance from a motorcycle. Building that case is exactly where an experienced attorney makes the difference, especially against the assumption that the rider must have been reckless.
Compensation in a Motorcycle Accident Claim
An injured rider can recover economic damages (current and future medical bills, lost wages, reduced earning capacity, and motorcycle and gear damage) and non-economic damages (pain and suffering, emotional distress, and loss of enjoyment of life). California places no cap on general damages such as pain and suffering in an ordinary injury case. If a motorcycle crash is fatal, the family may pursue a Mission Viejo wrongful death claim for funeral expenses, lost support, and loss of companionship.
What to Do After a Motorcycle Accident
Seek medical attention right away, even if you feel fine, since adrenaline can mask serious injuries.
Call the police and make sure a report documents the crash and the driver's information.
Gather evidence, photos of the scene, your motorcycle, and your injuries, plus witness contact information.
Do not admit fault or speculate about the crash, stick to the facts.
Do not give a statement to or sign anything from the other driver's insurer before speaking with an attorney.
Frequently Asked Questions
Is it worth hiring a motorcycle accident lawyer?
In most serious cases, yes. Motorcycle injuries tend to be severe and expensive, and insurers often try to blame the rider to reduce what they pay. A lawyer investigates the crash, counters the anti-rider bias, documents the full cost of your injuries, and negotiates or litigates for a fair result. Because these cases are handled on contingency, there is no upfront cost to having a lawyer evaluate your claim.
What if the insurance company says the crash was my fault?
Do not assume it was. California follows pure comparative negligence, so even if you were partly at fault, you can still recover, reduced only by your percentage of fault. Insurers frequently blame motorcyclists on the assumption that they were speeding or lane splitting recklessly. An attorney can use the evidence to establish the driver's negligence and push back on an unfair fault finding.
Is lane splitting legal in California?
Yes. Under Vehicle Code 21658.1, California expressly allows lane splitting, the only state that does. A rider splitting lanes is acting lawfully, so a driver who changes lanes without looking, opens a door, or otherwise hits a splitting rider can still be at fault. The insurer may argue the rider was careless, but lane splitting itself is legal.
How long do I have to file a motorcycle accident claim in California?
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 government entity is involved (for example, a dangerous road condition), you may have as little as six months to file a claim. Missing these deadlines usually ends your right to recover, so it is best to act early.
Does not wearing a helmet affect my claim?
California requires all riders and passengers to wear a DOT helmet under Vehicle Code 27803. If you were not wearing one, an insurer may argue it contributed to a head injury, which could affect the comparative-fault analysis for that injury. It does not, however, erase the at-fault driver's responsibility or bar you from recovering for the crash the driver caused.
How much does a motorcycle accident lawyer cost?
Nothing upfront. Cefali & Cefali handles motorcycle accident cases on a contingency fee basis, which means you pay no attorney fees unless we win. The fee is a percentage of your recovery, the consultation is free, and if we do not recover money for you, you owe us nothing.
Let Cefali & Cefali, APC Get Justice For You
Riders deserve a firm that takes their side seriously, and does not accept the insurer's assumption that the motorcyclist must have been at fault. Cefali & Cefali represents injured riders throughout Mission Viejo and Orange County, documenting the true cost of your injuries and fighting for the maximum recovery available. We have a track record of results and will take your case to trial if the insurer will not offer a fair settlement. Call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
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.
