Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
In this guide
This page is for a family in the first weeks after a rider or passenger died in a motorcycle crash, at the scene or later in the hospital. It covers the death side of the case: who can bring the claim, what it can include, how the helmet and lane splitting arguments work when the rider cannot tell their side, who investigates and who pays. Motorcycle liability is explained in depth on our Los Angeles motorcycle accident page, and the rest of the wrongful death process is on our wrongful death overview.
Motorcyclist deaths in Los Angeles County
- 90motorcyclists killed in Los Angeles County in 2024SWITRS via UC Berkeley TIMS, data as of September 15, 2026; 2025 provisional
90 motorcyclists were killed in Los Angeles County in 2024 (SWITRS via UC Berkeley TIMS, data as of September 15, 2026; 2025 provisional). The figure comes from the TIMS crash summary published by UC Berkeley's Safe Transportation Research and Education Center, which is built from the CHP's statewide crash records. TIMS counts riders of motorcycles, scooters and mopeds in this category. A count like this says nothing about who was at fault in any one crash. That is decided by the evidence in each case. Year-by-year counts for every California city, from the federal FARS data, are in our fatal crash facts by city tool.
Family members who can file
In California, only the people named in Code of Civil Procedure section 377.60 can bring a wrongful death claim. They can file it themselves, or the personal representative of the estate can file it on their behalf. Every heir must be part of the one case, and the court divides any award. Our page on who can file explains each category, including when parents, brothers and sisters, or a partner can bring the claim.
Damages in a motorcycle death
California's jury instruction for the death of an adult, CACI No. 3921, sets out what a wrongful death claim can include. The economic losses are the financial support the person who died would have contributed, the gifts or benefits the family would have expected, funeral and burial expenses, and the reasonable value of the household services that person would have provided. The noneconomic losses are the loss of that person's love, companionship, comfort, care, assistance, protection, affection, society, and moral support, and, where the facts fit, the loss of the enjoyment of sexual relations and the loss of training and guidance. CACI No. 3921 tells the jury not to consider a family member's grief, sorrow, or mental anguish. The law compensates the relationship that was lost, not the pain of losing it. The jury usually returns one amount for all the heirs. The court decides how an award is divided, and it can divide a settlement when the heirs do not agree. What a family recovers depends on its own evidence, and no result is guaranteed.
The source is the Judicial Council of California Civil Jury Instructions (2026 edition), CACI Nos. 3921 and 3922. When the person who died was a child, a different instruction applies, and our page on the death of a child explains it. Our page on damages and how they are divided goes through each loss and the evidence that shows it.
The estate's separate claim
A survival action is the claim the person who died could have brought if they had lived. It is brought by the personal representative of the estate or, if there is none, by the successor in interest. The estate can still recover the losses the person sustained or incurred before death, such as medical expenses and lost earnings, and any penalties or punitive damages the person could have recovered. Except in qualifying elder or dependent adult abuse cases, a survival action filed on or after January 1, 2026 cannot recover damages for the pain, suffering, or disfigurement the person experienced before death.
Those damages remain available only in actions filed on or after January 1, 2022, and before January 1, 2026, or granted a trial preference before January 1, 2022 (Code of Civil Procedure section 377.34(b)). Senate Bill 29 (2025), which would have extended the window, was never brought to a vote on the Assembly floor and did not pass by August 31, 2026, the last day for bills to pass in the 2025 to 2026 session. Law checked November 8, 2026. In qualifying elder or dependent adult abuse cases, a separate statute can still allow recovery of the person's pain and suffering before death, subject to strict proof requirements and, for abuse or neglect claims, a statutory cap. Our page on survival actions explains the rule in full.
The helmet law
California requires every motorcycle rider and passenger to wear a safety helmet that meets the state standard, fastened with its straps and fitting securely (Vehicle Code section 27803). Riding without a helmet does not bar the family's claim. The defense can argue it as the rider's own fault, and it must prove that the missing helmet was a substantial factor in causing the death (CACI No. 407).
The helmet argument in court
California's jury instructions have no helmet instruction. The closest model, the seat belt instruction, requires the defense to prove that the injuries would have been avoided or less severe with the belt (CACI No. 712). For seat belts, a California court said expert testimony is required to show what the belt would have changed (Truman v. Vargas (1969) 275 Cal.App.2d 976, quoted in CACI No. 712). In a death case, the question becomes whether a helmet would have changed the outcome. When the fatal injuries were not to the head, there may be little for the helmet argument to reach. Our page on helmet law and your claim covers helmet labels, unfastened straps and why the helmet itself should be kept.
Lane splitting and fault
California law neither allows nor prohibits lane splitting. Vehicle Code section 21658.1 defines it and lets the CHP publish educational guidelines, which are safety advice, not law. The DMV's Motorcyclists Guide says California law "does not allow or prohibit" passing within the same lane, and the CHP's motorcyclist safety page calls its lane splitting tips general safety tips. Because no statute makes splitting itself a violation, fault turns on ordinary care for both the rider and the driver: speed, the room available, and whether the driver checked and signaled before moving over (Vehicle Code section 22107). Our page on lane splitting accidents explains the evidence.
Shared fault and the award
California divides fault by percentage. If the defense proves that the person who died was partly at fault, the family's damages are reduced by that share; the claim is not barred (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 407). To do that, the defense must prove two things: that the rider was negligent, and that this negligence was a substantial factor in causing the death. The California Supreme Court has said fault is shared among those responsible, "including the decedent, whether it be for personal injury or wrongful death" (Horwich v. Superior Court (1999) 21 Cal.4th 272, 285).
When more than one party is at fault, each defendant pays the noneconomic damages, such as the loss of companionship, only in proportion to its own share of fault (Civil Code section 1431.2). That matters when a driver and a public agency responsible for the road are both in the case.
Arguments the family may hear
A collision report is the investigating officer's account. In a lawsuit, the defense must prove any fault it assigns to the person who died. The table lists arguments a family may hear after a rider dies, and the rule that answers each one.
| What the other side may argue | The rule that applies | Source |
|---|---|---|
| The rider was not wearing a helmet | A helmet is required, and the defense must prove the missing helmet was a substantial factor in causing the death | Vehicle Code section 27803; CACI No. 407 |
| The rider was lane splitting | No statute allows or prohibits it, so fault turns on ordinary care | Vehicle Code section 21658.1 |
| The rider was going too fast | The basic speed law bars driving faster than is reasonable for the conditions, and the defense must prove speed was a substantial factor in the death | Vehicle Code section 22350; CACI No. 407 |
| The driver never saw the motorcycle | Drivers must keep a lookout for other vehicles and control the speed and movement of their own | CACI No. 700 |
| The driver was turning left | A left-turning driver must yield to oncoming vehicles close enough to be a hazard during the turn | Vehicle Code section 21801 |
| The rider who died was partly at fault | The family's damages are reduced by that share, and the claim is not barred | Li v. Yellow Cab Co.; CACI No. 407 |
| The rider had no insurance | Proposition 213 does not bar the family's own wrongful death claim | Horwich v. Superior Court |
Police investigation and the report
The agency depends on where the crash happened. The CHP investigates crashes on freeways and state highways, LAPD investigates crashes on City of Los Angeles streets, and elsewhere in the county it may be a city police department, a Sheriff's station or the CHP. If you are not sure which agency investigated, the CHP says your local police department or any CHP office can help identify it. Separately from the police, the Los Angeles County Department of Medical Examiner, formerly called the Coroner, may have its own case file and report on the death.
| Agency | How the report is requested | What the agency says |
|---|---|---|
| California Highway Patrol | Form CHP 190, in person or by mail to an Area office, with a copy of photo ID or a notarized form | The form has a box for a family member, and the CHP can provide only reports it investigated |
| Los Angeles Police Department | By mail only when the crash involved a fatality, with a $19 check or money order | Allow at least 45 days from the date of the collision |
| Los Angeles County Sheriff's Department | Through the Traffic Bureau of the station that handled the crash | Collision records are released to involved parties |
Records the family will need
Our documents checklist lists every record a family needs after a death, including the death certificate, the Medical Examiner's report and the collision report, with who holds each one, the fee and the timing. The family or its lawyer can ask for the collision report. Each agency explains its process on its request page: the CHP, LAPD and the Sheriff's Department.
Roads and public vehicles
Some motorcycle deaths involve a public agency: a city truck, a Metro bus, a county vehicle, or the condition of a road that a city, the county or the State controls. A public entity can be responsible for a death caused by its employee's driving (Vehicle Code section 17001), or by a dangerous condition of its property that its employee created or that it knew about in time to fix (Government Code section 835). If a public entity may be responsible, a written claim is due within six months after the claim accrues, usually the date of death (Government Code section 911.2), and the lawsuit deadline then follows Government Code section 945.6. The claim goes to the public entity whose employee, vehicle or property was involved. Our page on claims against a city or county explains where each claim goes.
Insurance after a motorcycle death
Usually, all of the family's claims for one person's death share the at-fault driver's per-person limit. If the person who died was covered under an auto policy, as the policyholder, a spouse, or a relative living in the same household, the family can bring the wrongful death claim under that policy's uninsured motorist coverage. A relative's own policy pays only if the person who died was covered under it. If your loved one was driving without insurance, the family's own wrongful death claim is not barred by Proposition 213 (Horwich v. Superior Court (1999) 21 Cal.4th 272). Our page on insurance after a fatal crash explains who pays.
Deadlines for the claim
Most California wrongful death lawsuits must be filed within two years of the date of death (Code of Civil Procedure section 335.1). If a city, a county, the State, a school district, a transit agency or another public entity may be responsible, the family must first present a written claim to that entity within six months after the claim accrues, which is usually the date of death (Government Code section 911.2). The lawsuit against the entity then has its own deadline: six months after a written rejection notice is delivered or mailed, or two years from the date the claim accrued if no written notice is given (Government Code section 945.6). Some cases have different periods, including a death caused by a health care provider's professional negligence (Code of Civil Procedure section 340.5) and a claim against the United States (28 U.S.C. section 2401(b)). The dates in any one case should be calculated by a lawyer.
Our page on the statute of limitations explains each deadline and when it starts.
Situations that change the claim
- A passenger was killed. The helmet law applies to passengers too. A passenger is not required to watch the road and may expect the rider to use reasonable care, unless the passenger becomes aware of a danger (CACI No. 711). A passenger's family may have claims against the other driver and the rider.
- A driver turned left in front of the rider. Our page on left turn and right of way accidents explains the rule and the proof.
- The driver was drunk or high. Our page on fatal drunk driving crashes explains when punitive damages may be sought and how restitution works.
- The driver fled. Our page on a fatal hit-and-run covers the police report, the family's own uninsured motorist coverage and victim compensation.
- The driver was arrested or charged. You do not have to wait for the criminal case. Our page on the criminal case and the civil claim explains how the two run side by side.
- The motorcycle and the helmet. Both are evidence. Ask that neither be repaired, sold, salvaged or thrown away until a lawyer has seen them. Our page on motorcycle accident settlements explains how the rest of a motorcycle claim is valued.
- No one was in the driver's seat. Our page on motorcyclists hit by self-driving cars explains who may be responsible when a robotaxi is involved.
Next steps for the family
None of this has to be decided in the first days. Our first 48 hours checklist covers the few things that cannot wait, and the documents checklist shows where each record comes from. Words such as heir and survival action are defined in our wrongful death glossary. How a wrongful death case works follows a case from the first call to distribution, and the statutes behind these pages are collected on our California wrongful death law page.
We can explain how the helmet, lane splitting and insurance questions apply to what happened. No fee unless we recover. If there is no recovery, you owe no fee and no case costs.
Sources cited
- Judicial Council of California Civil Jury Instructions (2026 edition), CACI Nos. 405, 407, 700, 711, 712, 3921 and 3922: courts.ca.gov
- Vehicle Code section 27803, the helmet law: California Legislative Information
- Vehicle Code section 21658.1, lane splitting: California Legislative Information
- California Department of Motor Vehicles, Motorcyclists Guide: dmv.ca.gov
- California Highway Patrol, California Motorcyclist Safety Program and lane splitting tips: chp.ca.gov
- Civil Code section 1431.2, several liability for noneconomic damages: California Legislative Information
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804: CourtListener
- Horwich v. Superior Court (1999) 21 Cal.4th 272: CourtListener
- Code of Civil Procedure section 377.60, who can bring a wrongful death claim: California Legislative Information
- Code of Civil Procedure section 377.34, survival damages: California Legislative Information
- Government Code section 835, dangerous condition of public property: California Legislative Information
- Government Code section 911.2, the six month claim: California Legislative Information
- UC Berkeley SafeTREC, TIMS SWITRS summary, data as of September 15, 2026: tims.berkeley.edu
- California Highway Patrol, collision report request (CHP 190): chp.ca.gov
- Los Angeles Police Department, traffic collision reports: lapdonline.org
- Los Angeles County Sheriff's Department, record requests: lasd.org