Motorcycle accidents can be devastating, resulting in severe injuries and fatalities. If you have been involved in a motorcycle accident in California, you may be wondering if you have the right to file a lawsuit. In this article, we will discuss the legal options available to you and help you understand the process of filing a lawsuit for a motorcycle accident in California.
If you or someone you love was injured in a motorcycle crash you should contact GJEL today for a free, no obligation case review. At GJEL we will fight for you every step of the way to get your compensation you deserve. We have been continually recognized by some of the top publications as a top rated California motorcycle accident law firm by Forbes, Newsweek, Best Lawyers, and US News & World Report just to name a few.
Call us today for a free case review at 1-866-293-9364 and talk to our lawyers today. We will visit you at your home, work, hospital or our offices.
Understanding the California Law on Motorcycle Accidents
California law mandates that all motorcyclists must carry a minimum liability insurance policy that covers at least $15,000 for bodily injury or death per person, $30,000 for bodily injury or death per accident, and $5,000 for property damage.
In case of a motorcycle accident, the insurance company of the at-fault party is responsible for compensating the victim for the damages incurred.
We have recovered over $950 Million dollars for clients injured in accidents. You can view some of our motorcycle accident settlements and verdicts here.
Determining Liability in a Motorcycle Accident
Determining liability in a motorcycle accident can be complicated, as multiple factors can contribute to the accident. Some of the common causes of motorcycle accidents in California include:
- Lane splitting
- Distracted driving
- Drunk driving
- Improper turns
- Vehicle defects
To establish liability in a motorcycle accident, it is essential to collect evidence such as police reports, witness statements, and photographs of the accident scene.
If you are unsure about how to gather evidence, consult an experienced personal injury attorney who can help you with the process.
Filing a Lawsuit for a Motorcycle Accident in California
If you have suffered significant injuries and damages due to a motorcycle accident, you may have the right to file a lawsuit to seek compensation for your losses. However, before you file a lawsuit, it is essential to consider the following factors:
- The statute of limitations: In California, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation.
- Comparative negligence: California follows a comparative negligence law, which means that your compensation may be reduced if you are found to be partially at fault for the accident. For instance, if you were not wearing a helmet at the time of the accident, you may be found partially at fault, and your compensation may be reduced accordingly.
- Settlement negotiations: Before filing a lawsuit, it is essential to engage in settlement negotiations with the at-fault party’s insurance company. An experienced personal injury attorney can help you negotiate a fair settlement that covers your damages.
Hiring an Experienced Personal Injury Attorney
Filing a lawsuit for a motorcycle accident can be a complicated and time-consuming process. It is crucial to have an experienced personal injury attorney on your side who can guide you through the legal process and help you secure fair compensation for your losses. An experienced attorney can help you with the following:
- Collecting evidence
- Establishing liability
- Calculating damages
- Negotiating with insurance companies
- Representing you in court
If you have been involved in a motorcycle accident in California, you may have the right to file a lawsuit to seek compensation for your losses. However, it is essential to understand the legal process and consult with an experienced personal injury attorney before taking any action. By following the legal process and hiring an experienced attorney, you can increase your chances of securing fair compensation for your damages.
Q1. What damages can I recover in a motorcycle accident lawsuit in California?
You can recover damages such as medical expenses, lost wages, pain and suffering, and property damage in a motorcycle accident lawsuit in California.
Q2. How long does it take to resolve a motorcycle accident lawsuit in California?
The time it takes to resolve a motorcycle accident lawsuit in California depends on several
factors, such as the complexity of the case, the willingness of the insurance company to negotiate, and the court’s schedule. It can take anywhere from a few months to a few years to resolve a motorcycle accident lawsuit.
Q3. Can I still file a lawsuit if I was partially at fault for the motorcycle accident?
Yes, you can still file a lawsuit if you were partially at fault for the motorcycle accident. However, your compensation may be reduced based on the percentage of fault attributed to you.
Q4. Do I need to go to court to resolve a motorcycle accident lawsuit in California?
Not necessarily. Most motorcycle accident lawsuits are settled outside of court through negotiations with the insurance company. However, if the negotiations fail, the case may proceed to trial.
Q5. How much does it cost to hire a personal injury attorney for a motorcycle accident lawsuit in California?
Most personal injury attorneys work on a contingency fee basis, which means that they do not charge upfront fees and only get paid if you win your case. Typically, the contingency fee ranges from 33% to 40% of the settlement amount. However, it’s essential to discuss the fee structure with your attorney before hiring them.
In conclusion, filing a lawsuit for a motorcycle accident in California is possible if you have suffered significant injuries and damages. It’s crucial to understand the legal process and hire an experienced personal injury attorney who can guide you through the process and help you secure fair compensation for your losses. By following the legal process and seeking the right legal representation, you can protect your rights and recover the damages you deserve.
Nearby Office Locations
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