Best Motorcycle Accident Lawyers Los Angeles, CA (2024) – Forbes

3 minutes, 8 seconds Read

After you’ve been injured in a motorcycle accident, recovering from your injuries takes priority. After that, repairing or replacing your motorcycle is essential. Those two jobs are hard enough, so the last thing anyone needs is an insurance company denying a claim or offering a settlement that doesn’t begin to cover your expenses.

If you find yourself in that situation, familiarizing yourself with California’s motorcycle laws is important. However, finding a motorcycle accident lawyer in Los Angeles who can help you get the compensation you deserve may be more important.

California Statute of Limitations

The statute of limitations for personal injury cases in California is two years. This applies to all car and motorcycle accidents unless the accident involves a government entity. This type of case can involve a vehicle being driven by a government employee or involve the conditions of a road or other publicly-maintained area.

If the government is a potential defendant in a motorcycle accident lawsuit, you’ll have much less time to file your claim. To comply with the California Tort Claims Act, you must provide notice of your intention to file a suit within one year—possibly as little as six months—of the accident.

It’s important to bear in mind that the California statute of limitations determines how long you have to file a lawsuit—not get an attorney or begin negotiating. If the suit isn’t initiated in court before the statute of limitations runs out, you may be barred from recovering anything at all.

California Laws for Motorcycle Drivers

As in all states, motorcycle riders in California are required to follow all state laws for motor vehicles. California also has many laws that apply only to motorcycles.

  • Age Restrictions. In California, riders under 18 years old must have written parental permission to ride a motorcycle. In addition, all riders under 21 must successfully complete the California Highway Patrol Motorcyclist Training Course.
  • Safety Features. California laws require all handlebars to be no more than six inches above the rider’s shoulders. Other laws require that all motorcycles made after 1973 have working turn signals and that all motorcycles made after 1978 use headlights at all times.
  • Helmets. All drivers and passengers on motorcycles must wear approved helmets. Passengers wearing helmets can receive tickets if the driver isn’t wearing a helmet.
  • Lane Splitting. California doesn’t ban lane splitting—riding motorcycles between lanes of traffic. In many states, lane splitting is illegal, but California allows it as long as the rider is not driving recklessly.

Identifying Fault for a Motorcycle Crash

California is a fault-based or “tort” state for auto insurance. This means that all drivers must carry liability insurance, which covers damages caused by that driver if an accident is their fault. This is true for motorcycles as well as any other vehicle.

To collect compensation for losses from an accident—Which means costs from treating injuries or repairing or replacing damaged property like cars and motorcycles—victims must file a claim with the at-fault driver’s insurance company.

California is one of a minority of states that follows pure comparative negligence to determine how parties can recover after an accident. Most states follow a modified version of comparative negligence that bars anyone from recovering if they are 51% or more responsible for the accident. California doesn’t have this rule, meaning that anyone can recover no matter how responsible they were for the accident, but the recovery will reflect their responsibility.

For example, a rider with $100,000 in damages who is found to be 10% at fault would recover $90,000 under either type of comparative negligence. If that same rider was found to be 65% at fault, they couldn’t recover in a modified comparative negligence jurisdiction, but in California, they could recover $45,000.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts