Motorcycle Accident Negligence, Damages and Statutes in California

Motorcycle accidents can have serious consequences. These vehicles offer little to no protection for riders, and even upon the slightest impact, a person’s life can be changed forever. Sadly, a vast majority of these accidents will result in mounting medical expenses, time taken away from work, and even permanent disability. The crippling financial distress can not impact the rider but entire families as well. If you or a loved one was recently hurt in a motorcycle accident caused by another party, it is important to know that you may be eligible for financial compensation. Speak to a well-established attorney who can investigate the case and help you obtain the compensation you deserve.

Dedicated Legal Representation is Necessary

The State of California has the highest number of registered motorcycles in the nation. Unfortunately, the popularity of these vehicles in the state has also increased the number of motorcycle accidents reported in the state. While these accidents routinely cause emotional and financial turmoil, it is critical to understand that when a rider is injured as a result of another’s careless actions, legal action can be taken against the at-fault party.

For more than a decade, the Law Offices of Attorney Justin H. King has advocated on behalf of injured motorcyclists, ensuring they receive compensation for their injuries, medical expenses, time taken off work, property damage, and more. The experienced motorcycle accident law firm will thoroughly assess the accident and ensure the injured rider receives the highest amount of compensation available. After being injured by another while riding a motorcycle, call the Law Offices of Attorney Justin H. King to schedule a no obligation consultation. Arrange a meeting today by dialing (909) 297-5001.

Establishing Negligence Following a Motorcycle Accident

When it comes to obtaining compensation after an accident, the strength of the evidence collected can determine the outcome of the case. Every case will need to establish liability and in most motorcycle accident cases, this will involve showing that: 1. The accused driver owed the rider a duty of care to drive in a safe and responsible manner; 2. The accused violated the duty of care; 3. The actions led to the accident; and 4. The accident was a proximate cause of the rider’s injuries and financial losses.

Violating a duty of care is legally referred to as “negligence”, meaning, the accused party was reckless at the time of the accident. Depending on the cause of the accident, the following are common examples of negligence that could give rise to a motorcycle accident claim. Speeding motorists, those who drive while distracted, or those who engage in other unlawful behaviors. Motorists who drive while impaired, fatigued, or sleep-deprived. Construction companies that have caused an unsafe roadway. Government agencies that have failed to properly manage a roadway. Manufacturing companies that assembled the motorcycle in a defective manner.

Potential Damages Available After an Accident

As previously mentioned, a motorcycle accident can have far-reaching implications, some of which may last a lifetime. For this reason, it is absolutely necessary to pursue a personal injury claim to ensure the impact of a financial burden is reduced as much as possible.

Like in a vast majority of personal injury claims, plaintiffs in motorcycle accident cases can seek economic and non-economic damages.

Economic Damages

These damages are tangible losses the motorcyclist would have endured as a consequence of the accident. These losses are objectively verifiable and can include, but are not limited to: Hospital bills, Ambulance cost, Prescription medications, At-home care, Loss of income, Home modifications and Property damages.

Non-Economic Damages

These losses are considered intangible and can often be difficult to verify. Despite this, non-economic damages are just as important as economic damages and should be pursued when available. The following is a limited list of examples of non-economic damages. Humiliation, Injury to reputation, Loss of consortium, Loss of society, Pain and suffering, Emotional distress, Anxiety and depression, Loss of quality of life and Trauma and psychological hardship.

California’s Statute of Limitations on Motorcycle Accident Cases

Filing a motorcycle accident claim requires swift action. The case may demand prompt investigation, including collecting vital evidence at the scene of the accident. Further, injured riders are encouraged to seek immediate medical attention to ensure their injuries are being treated as well as avoiding issues when having to prove the injury in court. Aside from this, there is also a strict deadline to file a motorcycle accident claim.

According to the California Code of Civil Procedure §335.1, an injured party seeking compensation for his or her damages caused by a negligent party has up to two years from the date of his or her injury to file a personal injury claim. This is a strict statute of limitations whereby a failure to file will result in a claim debarment. There are a few exceptions to this rule, however, injured riders should not delay to get started on their case right away.

A Proficient Attorney Can Advocate on Your Behalf

After a motorcycle accident, bills can quickly begin to build up. Aside from this, injured riders often face disability, which often results in having to take time off work. When the motorcycle accident was caused as a result of negligence of another party, it is necessary to obtain the support of a qualified attorney who will ensure the negligent party is brought to justice. Motorcycle accident cases can be difficult to pursue. With the right legal support, you may be able to obtain the compensation you deserve.

For more than a decade, the Law Offices of Attorney Justin H. King have compassionately advocated on behalf of those who have suffered as a consequence of another party’s negligence. With offices located in Southern California, the Law Offices of Attorney Justin H. King have represented clients in some of the most challenging motorcycle accident cases, including those involving intoxicated drivers, split lane claims, and defective motorcycle tires. After being seriously injured in a motorcycle accident, take immediate action and seek the support of an attorney you can trust. Consider contacting the Law Offices of Attorney Justin H. King for proficient legal support today.

Categories : Motorcycle Accidents

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By Justin H. King, Esq. | Posted on November 25, 2021

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.