Motorcycles are a popular mode of transportation in California. However, riding a motorcycle can be risky, as accidents involving motorcycles are more likely to result in serious injury or death.
When it comes to accidents involving motorcycles, one question that often arises is whether they are treated differently than car accidents in California. In this article, we will explore the differences between how motorcycle accidents and car accidents are treated in California.
[Note: If you are in need of a California motorcycle accident lawyer, call GJEL for a free case review today. ]
In California, the laws that apply to motorcycle accidents and car accidents are largely the same. However, there are some differences in how these accidents are treated in terms of liability, damages, and insurance requirements.
These differences can affect the outcome of a motorcycle crash lawsuit or settlement.
Types of Accidents
Both motorcycle accidents and car accidents can be caused by a variety of factors, such as driver error, defective road conditions, or vehicle malfunctions.
However, motorcycle accidents are often more severe than car accidents, as motorcycles offer less protection to the rider. Common types of motorcycle accidents include lane splitting, left-turn accidents, and rear-end collisions.
In California, liability for a motorcycle or car accident is determined based on fault. This means that the party who is found to be at fault for the accident is responsible for any resulting damages.
However, determining fault can be more difficult in motorcycle accidents, as motorcycles are often more maneuverable than cars and can travel in between lanes of traffic. As a result, liability in motorcycle accidents may be more heavily contested than in car accidents.
In California, all drivers are required to carry liability insurance to cover any damages they may cause in an accident. However, the minimum insurance requirements for motorcycles are different than for cars. Motorcycles are only required to carry $15,000 in bodily injury coverage per person, $30,000 in bodily injury coverage per accident, and $5,000 in property damage coverage. Car drivers, on the other hand, are required to carry $15,000 in bodily injury coverage per person, $30,000 in bodily injury coverage per accident, and $5,000 in property damage coverage.
In California, damages in both motorcycle accidents and car accidents can include medical expenses, lost wages, property damage, and pain and suffering.
However, damages in motorcycle accidents may be more severe due to the higher likelihood of serious injury or death. As a result, damages in motorcycle accident cases may be higher than in car accident cases.
Statute of Limitations
The statute of limitations for filing a lawsuit in California is two years for both motorcycle accidents and car accidents. This means that a plaintiff must file a lawsuit within two years of the accident or they may lose their right to do so.
In California, both motorcycle accidents and car accidents are subject to comparative negligence. This means that if both parties are found to be partially at fault for the accident, damages may be reduced based on each party’s percentage of fault. However, comparative negligence can be more complex in motorcycle accident cases, as fault may be more heavily contested.
A jury trial for a California motorcycle accident case is a legal process in which a group of people listens to the evidence presented by both sides and makes a decision on the outcome of the case. In a motorcycle accident case, one person may take legal action against another person or company that they believe caused the accident. During the trial, both sides have a chance to present their arguments and provide evidence to support their claims.
The people who make up the jury listen to all of the evidence and then make a decision about who is responsible and what compensation should be awarded to the person who was injured. This decision is final and cannot be changed. The outcome of the trial can have a big impact on how much money the injured person receives.
Jury trials can be complicated and take a long time. If you have been in a motorcycle accident in California and are considering taking legal action, it’s important to understand what your options are and to get help from an experienced attorney who can guide you through the process and protect your rights.
In California, pretrial motions can be filed in both motorcycle accident and car accident cases. Pretrial motions are legal arguments made by one party to the court before the trial begins. These motions can include requests for the court to dismiss the case or exclude certain evidence from being presented at trial.
In California, both motorcycle accidents and car accidents can be settled out of court. Settlements can be beneficial for both parties, as they can avoid the time and expense of a trial.
However, personal injury settlements may be more difficult to reach in motorcycle accident cases, as liability may be more heavily contested.
Mediation and Arbitration
In California, mediation and arbitration can be used to resolve disputes in both motorcycle accident and car accident cases. Mediation is a process where a neutral third party helps the parties reach a settlement agreement. Arbitration is a more formal process where a neutral third party acts as a judge and makes a binding decision on the case. Mediation and arbitration may be particularly useful in motorcycle accident cases, where liability may be more heavily contested.
In California, attorney fees in both motorcycle accident and car accident cases are generally paid on a contingency basis.
This means that the attorney is paid a percentage of the damages awarded to the plaintiff, rather than a flat fee. However, attorney fees may be higher in motorcycle accident cases, as they may require more time and resources to litigate.
In California, court costs in both motorcycle accident and car accident cases can include filing fees, deposition fees, and expert witness fees. These costs can add up quickly and may be higher in motorcycle accident cases, which may require more expert testimony.
Both motorcycle accident and car accident cases can be appealed in California. An appeal is a legal process where a higher court reviews the decision made by the lower court. Appeals can be time-consuming and expensive, and may be more likely to occur in motorcycle accident cases, which may be more heavily contested.
While the laws that apply to motorcycle accidents and car accidents in California are largely the same, there are some differences in how these accidents are treated in terms of liability, damages, and insurance requirements. These differences can have an impact on the outcome of a lawsuit or settlement. If you have been involved in a motorcycle accident or car accident in California, it is important to understand your rights and options.
Need an Attorney? Contact The Highly Rated Motorcycle Crash Law Firm
If you or a loved one has been involved in a motorcycle accident in California, it is important to seek legal help from experienced attorneys who can help you navigate the complex legal system and ensure that you receive the compensation you deserve.
At GJEL Accident Attorneys, we are committed to helping motorcycle accident victims and their families obtain justice and fair compensation. With a team of skilled and knowledgeable attorneys, we have the experience and resources needed to handle even the most complex motorcycle accident cases. Contact us today to schedule a free consultation and learn how we can help you with your case.
Don’t wait, call GJEL Accident Attorneys, one of the top rated California motorcycle crash law firms, today.
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- Do I need to hire an attorney for a motorcycle accident case in California?
- How much can I expect to receive in damages for a motorcycle accident case in California?
- What is the process for settling a motorcycle accident case in California?
Personal Injury Offices Near You
We know that after an accident you may be hospitalized. It’s why GJEL makes hospital and home visits. You can also schedule a phone call, text or visit one of our offices near you below.
- San Jose motorcycle accident office 1625 The Alameda #511, San Jose, CA 95126
- Fresno motorcycle accident office at 433 E Keats Ave #11, Fresno, CA 93710
- Stockton motorcycle accident office at 6653 Embarcadero Dr Ste. U, Stockton, CA 95219
- Oakland motorcycle accident office located at 11 Embarcadero West #133, Oakland, CA 94607