Did you know that California enjoys the largest biker population in the nation? With almost 800,000 registered motorcycle riders, there’s bound to be a lot of accidents, too.
Were you recently involved in a collision? Even worse, are you experiencing injuries from an accident that happened a long time ago? If so, then you might be wondering if you can get compensation through a lawsuit.
There is a time-limit on California motorcycle accidents, though. You must ensure your situation falls within the statute of limitations to seek a claim. Not sure whether your accident happened too long ago? Looking for more direction after your crash? We’ve got your back.
Read on to learn everything you need to know to get the funds you deserve.
Do You Have the Elements of a Lawsuit?
So, you’ve found yourself injured after an accident. But, do you have the elements necessary to pursue a claim? Here is what you’ll need to prove in court to get compensated:
- The other party had a duty to provide for your care
- The other driver breached this duty and is at-fault
- The crash led to specific injuries
- The injuries and accident caused losses
First, someone else’s actions (or inaction) must have caused your crash. You’re unlikely to get compensation in a single-person crash that was your own fault.
Next, you need to prove that the accident caused your injuries. If your accident happened a significant time ago, then this will be a challenge.
Does Your Case Fall Within the Time-Limit to Seek a Claim?
So, what’s the statute of limitations on California motorcycle accidents? In general, you have two years to file a lawsuit. There are some exceptions to this rule, though.
This two-year limit does NOT start right after your accident. Instead, the time will start ticking when:
- Accident injuries surface
- You should’ve reasonably known you got injured
- The day the victim passes away after the accident
The key phrase here is when you should have a “reasonable” reason to believe you’re hurt. Many motorcycle-related injuries don’t surface for months or years after the crash. If that’s the case, then your time won’t start until a doctor discovers your injuries.
Despite that, you shouldn’t wait to seek out treatment if you know you’re hurt. If you do, then the other party could argue you should’ve known about the injury before. They could get your case dismissed based on the statute of limitations.
Your Guide to California Motorcycle Accidents
California motorcycle accidents come at a great cost. Not only are you suffering physical injuries, but your bike’s likely damaged, too. If you need compensation, then there is hope. You might be able to pursue a lawsuit.
First, you need to ensure your situation has the elements of a lawsuit. Then, you need to verify your case falls within the statute of limitations. If you meet both conditions, then it’s time to reach out to a lawyer.
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