There are many different parties that can be sued in a motorcycle accident case. Determining the liable parties for your motorcycle accident case is often the first step in starting your case. If another driver or motorcyclist caused your accident, you can hold them personally liable for your injuries.
If a company vehicle caused your injuries during your motorcycle accident, you can hold the company responsible for what happened, attempting to get financial compensation to cover your related expenses. If a city or municipality’s lack of maintenance or premise security caused your accident, you could hold it accountable. Determining exactly who to sue can vary based on the case details.
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle fatalities occur at a rate of 26 times the fatalities in other vehicle collisions. If your loved one died as a result of a motorcycle accident, you can file a lawsuit on their behalf. It could be against the responsible driver, the company that operated the vehicle that hit your loved one, or the hospital that failed to provide adequate care. Depending on what happened, you could potentially sue multiple of these parties.
Statute of Limitations
According to California Code of Civil Procedure (CCP) §335.1, the statute of limitations for personal injury cases in California is two years from the date of the accident, or one year after the injury is discovered.
Two years might seem like a lot of time. However, it often goes by faster than most people realize. You still need to prioritize your recovery first. This can take time. Generally, the sooner that you are able to start the legal process, the easier it can be to find evidence, especially witness testimony and possible surveillance footage from nearby businesses. The more time that passes, the more difficult that this process can become.
Filing a Lawsuit
The process of filing a lawsuit can be a lengthy process depending on how detailed your case is. Your lawyer compiles evidence for the case to show that the other driver is responsible and liable for your expenses. Then, the lawsuit includes claims for compensation. Each expense must be listed in a claim so that they can be judged and awarded.
Once the lawsuit has been filed with the court, you may have to wait to go to trial. There is almost always a long wait for a trial since courts are full of cases.
Auto Insurance Settlements
Auto insurance settlements can come in many forms, such as:
- Auto repairs
- Vehicle replacement
- Medical expenses
- Lost wages
- Rental car costs
These are just some of the types of coverage and settlements that could be offered. It is not a comprehensive list. According to the California Department of Insurance, there are legislative regulations that govern fair settlements. Just because there are rules governing settlements does not mean that you will receive a fair settlement that will cover all of your expenses. You can have a motorcycle accident lawyer review your settlement offer before you accept it. If it is not adequate, you can negotiate it. You do not have to accept a settlement offer that is not in your favor.
Understanding Your Rights
Since you are the victim in the accident, you are entitled to compensation from the other driver. This means that you can file claims for all of your related expenses. Your lawsuit should go to trial unless you accept a settlement agreement as well. You can choose the best way to finish your lawsuit since both options will likely end with receiving compensation.
Your Legal Options for Recourse
You can file a civil personal injury or property damage lawsuit against the at-fault party. This is one way that you can secure financial compensation for what happened to you. However, it is also possible to do nothing. No one can force you or pressure you to file a lawsuit if you do not want to. The choice of whether or not to pursue legal action is up to you.
Speak to Pintas & Mullins Law Firm About Your Case
Before filing a civil personal injury lawsuit, it is important to figure out who can be sued in a motorcycle accident case. This can be vastly different in every case, depending on the circumstances of the accident.
Call Pintas & Mullins Law Firm today at (800) 223-5115 to schedule a free consultation with a member of our legal team. We can answer any questions that you may have about your potential case, from liability to the legal process in general. There is no cost or commitment from the initial consultation. We are here to help you during this challenging time.