In the state of California, one has two years, generally, to file a lawsuit after a motorcycle accident. A motorcycle accident can be completely life-changing in many ways. You could suffer a serious injury, financial loss, and emotional trauma. Some motorcycle accident victims choose to take legal action and can even recover compensation if a third party contributed to the accident. Many jurisdictions operate under a statute of limitations, meaning where you live could determine how long you have to file a lawsuit after a motorcycle accident.
Statute of Limitations
The California Judicial Branch defines the statute of limitations as the deadline for filing a lawsuit. Simply put, you have a limited amount of time to take action after a motorcycle accident, or after you notice an injury or loss from your accident. Every situation is unique, and navigating the legal system can be confusing, so it could help to consult a legal professional with any questions you have regarding your case.
Causes of Motorcycle Accidents
If you or a loved one suffered injuries in a motorcycle accident, it could have been caused by a variety of reasons including the following:
- Mechanical Failure: All vehicles on the road are required to be safe enough to operate, and the failure of a driver or governing agency to keep vehicles safe is a form of negligence that puts others in danger.
- Distracted Driving: Any action that diverts attention from the road is dangerous and can cause motorcycle accidents. Examples of distracted driving include looking away from the road, using a cell phone while driving, listening to loud music, or even engaging in distracting conversation.
- Driving Under the Influence: If another driver made the illegal and dangerous choice to drive while under the influence of drugs or alcohol, that decision could have put you in danger.
- Speeding: Speeding is a leading cause of accidents involving motorcycles. Speeding is very dangerous, and due to the force caused by speeding, these types of accidents can be particularly costly.
- Unsafe Road Conditions: If you encountered dangers beyond your control on the road such as potholes, missing or malfunctioning signs, or other obstructions, this could be a form of negligence and grounds for legal action.
Even if you were as safe as possible on the road, you cannot control other parties. It is possible that a third party could be to blame for your suffering. Regardless of what caused your accident, being the victim of a motorcycle accident can have tragic results, affecting your life in many different ways.
Injuries, Property Loss, and Emotional Damage
Motorcycle accidents result in nearly 5,000 deaths annually, according to the National Highway Traffic Safety Administration (NHTSA). Additionally, accidents can cause a range of injuries from minor to extremely severe. Motorcycle accidents could even leave you disabled and out of work, in addition to financial hardship and emotional repercussions. If you were the victim of a motorcycle accident that was caused by someone else, you could have legal options, but it could be helpful to discuss your case with a lawyer in order to determine how long you have to file a claim after a motorcycle accident.
Potentially Recoverable Compensation
Victims of motorcycle accidents caused by a third party can recover different types of compensation. While every situation is unique, some victims can recover damages for emotional suffering, reimbursement for medical bills and legal expenses, lost wages, and more. If you are interested in learning more about your options, it could be beneficial to discuss your case with a lawyer who can help you decide if legal action is appropriate based on the details of your accident.
Understanding Your Options
In the aftermath of a motorcycle accident, you could be navigating many stressful situations in your life. While you focus on your physical recovery and getting back to normal life, filing a legal claim might not be a priority. But it is important to remember that taking legal action against those responsible for your suffering can help ease your financial pain and make your life easier during your recovery.
There is a statute of limitations in many areas limiting the amount of time you have to file a claim after a motorcycle accident, so if you do not want to miss out on your chance for justice, it is important to take action in a timely manner.
To learn more about what you can do next, contact Pintas & Mullins Law Firm by calling (800) 223-5115 today. A team member is available to review your case during a free, no-obligation consultation. Take action today.