While they may be exhilarating to ride, motorcycles can be involved in dangerous accidents that come with devastating consequences. If you or a loved one has been injured in a motorcycle accident, you need the support of a Placer County motorcycle accident lawyer who can help you obtain the compensation you deserve.
The types of damages you may recover after a motorcycle accident can vary. Common types of damages include medical bills related to the injuries, costs of future medical treatment such as physical therapy, lost wages, loss of future earning capacity, property damages, and non-economic damages such as pain, suffering, loss of companionship, or discomfort.
In some rare cases where the at-fault party acted recklessly or maliciously, you may seek punitive damages. These damages are intended to punish the wrongdoer and deter any similar behavior in the future.
To successfully recover damages, you prove that a party was negligent. This means they owed you a duty of care, breached that duty, and their negligence directly caused your injuries.
California follows a pure comparative negligence law, meaning the amount of compensation a person receives can be reduced based on their percentage of fault in the accident. This differs from contributory negligence states, where any fault on the part of the injured party can bar them from recovering any damages. In a comparative negligence state like California, the court will assign a percentage of fault to each party involved in an accident.
This determination is based on the evidence. If you are found to be partially at fault, your compensation will be reduced by that amount. For example, if you were injured in a motorcycle accident where a car turned into your path but you were traveling over the speed limit at the time of the collision, a court could determine you were 10% at fault. If the total damages are $20,000, you would receive $18,000 after deducting your portion of the liability.
The time limit for filing a motorcycle accident claim is known as the statute of limitations. In California, the general statute of limitations for personal injury cases, including motorcycle accidents, is two years from the accident date.
However, several factors can affect this deadline. For example, if the at-fault party has not been identified or there is a dispute over liability, the statute of limitations may be extended. If there are fatalities, family members and other eligible survivors may have the right to file a wrongful death claim, which usually needs to be done within two years from the date of the accident.
The statute of limitations will pass quickly, so you should reach out to an experienced motorcycle accident attorney as soon as possible so you do not miss an opportunity to recover the damages you deserve.
At Ewing Law Group, PC, we understand that every motorcycle accident case is unique and requires a personalized approach. Our Placer County attorneys take the time to understand your specific situation and develop a tailored legal strategy to protect your rights and interests. Contact Ewing Law Group, PC, to schedule a consultation.