The sunny California climate lends itself well to motorcycle lovers, which is why it has the highest number of registered motorcycles in the United States. While sun and warm temperatures are abundant, so is traffic which is one reason accidents are so common. Some motorcycle accidents are not serious, but those that are can leave victims with life changing injuries. The following is an overview of California personal injury law and how it pertains to those who are hurt in motorcycle accidents.
Statute Of Limitations
Each state in the U.S. has a certain period of time in which a personal injury lawsuit can be filed. Motorcycle riders in California have 2 years from the accident date to file a claim in court. Failing to file your lawsuit in court within the appropriate statute of limitations, may result in your case being dismissed without being heard.
Causes Of Motorcycle Accidents
While accidents involving cars, trucks and SUV’s are more common than motorcycle accidents, motorcyclists are more likely to sustain serious injuries in a crash. Some of the most common causes of motorcycle accidents include:
- Failure To Yield The Right Of Way
- Left Turn Accidents
- Driving Over The Speed Limit
- Aggressive Driving Or Road Rage
- Driving Under The Influence of Drugs Or Alcohol
There are many different types of injuries that motorcyclists can suffer, but some are more common than others. Some of the most common injuries are:
- Broken Bones
- Severed Limbs
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Neck And Back Injuries
Head injuries are the most common cause of serious and fatal injuries among motorcyclists in the United States today. According to Todd Spodek, a fellow divorce attorney in Long Island, motorcyclists are very prevalent in NYC and California, simply due to the sheer population.
In order to obtain compensation for your injuries, you must be able to prove the at-fault drive was negligent and that caused your injuries. Some things that may indicate negligence include:
- Driving Under The Influence
- Driving Aggressively
- Failing To Yield To Motorcycles That Have The Right Of Way
- Using A Mobile Device While Driving
California operates under comparative negligence law, which may alter the amount of money you receive in an accident. While you may be able to prove the at-fault driver was negligent and caused the accident, the amount you receive may be reduced if you are found to be partially guilty in the accident.
You may be awarded certain damages if your lawsuit is successful after a Chula Vista motorcycle accident. Damages that are typically awarded in personal injury cases include:
- Unpaid Medical Bills
- Hospital Fees
- Ambulance Bills
- Cost Of Alternate Transportation
- Price Of Medical Devices
- Emotional Distress
- Therapy Costs
- Pain And Suffering
- Lost Wages
- Future Lost Wages
People who are disabled after a motorcycle accident and cannot work, may be able to obtain a settlement for future lost wages. This is a settlement that compensates you for money you would have made over the course of your career, but cannot due to your injuries.
What A Personal Injury Lawyer Can Do To Help You
Hiring a personal injury lawyer may help you in a variety of ways after a motorcycle accident. Some things he may be able to do for you include:
- Obtain Copies Of All Police Reports
- Interview Eyewitnesses
- Speak With Medical Experts
- Negotiate A Settlement With The Insurance Company
- File Your Lawsuit In Court
- Represent You At Trial
If you have been hurt in a Chula Vista motorcycle accident, speak with a personal injury attorney for advice. During a consultation, an attorney will evaluate your case and let you know the best way to proceed. While hiring an attorney cannot guarantee your success, it can greatly increase your chances of obtaining a fair settlement for your accident related injuries.
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