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.
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.
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.
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