Motorcycle riders face a significantly increased risk of being hurt or killed compared with individuals in passenger cars.
A total of 565 motorcycle accident fatalities occurred in California in 2021, according to the California Office of Traffic Safety and many more lives were forever changed due to serious injuries resulting from crashes.
Often, riders are at risk because drivers are negligent on the roads. When this occurs, an Escondido motorcycle accident lawyer at Miller & Steele Law Firm can provide the support and legal advocacy that victims deserve.
Give us a call or contact us at (760)-439-2210 to learn about our long track record of success in injury claims and to find out how we can best help you navigate the legal process and fight for compensation for your losses.
Who Can Be Held Accountable for an Escondido Motorcycle Accident?
California Civil Code Section 1714 makes it clear that both negligent and intentional wrongdoing can result in an individual or company being held liable for harming others. As a result, when a driver is unreasonably careless on the state’s roads and a motorcycle crash occurs as a result, that driver can be made to pay damages to the victim(s).
Motorcycle riders can even recover partial compensation, even when they share parietal blame for a collision, as Li v. Yellow Cab Co., 532 P.2d 1226 (1975) established the rule that California is a comparative fault state. While other states restrict victims from suing if they bear too much of the blame for their own crash, California doesn’t do that.
Damages are reduced based on the percentage of fault attributed to the victim, under California Civil Code Section 1431.2, though. However, if a driver is even just 1% at fault for a motorcycle crash, a victim can pursue a claim to recover 1% of their damages from that careless driver.
It’s up to you to demonstrate the other driver failed to fulfill their obligations, though. As the Judicial Council of California Civil Jury Instructions explains in CACI No. 400, this requires showing the driver was less careful than a reasonable person would have been in the same circumstances and demonstrating that this carelessness was a direct result of harm.
What Is The Statute of Limitations For Filing A Motorcycle Accident Claim?
If you or someone you love was harmed in a motorcycle collision, you should know that California has a statute of limitations and you must file your claim within the allotted time period or won’t be able to move forward, according to our Escondido personal injury attorneys.
California Code of Civil Procedure section 335.1 gives you two years to pursue your case, so you should be certain to get the legal help you need before your deadline runs out.
Call The Escondido Motorcycle Accident Attorney From Miller & Steele Law Firm
Motorcycle crash victims can recover compensation for both economic and non-financial loss, but they need an advocate to help them gather evidence, prove their case, and get a fair settlement from an insurer or a reasonable damage award after court proceedings.
The Escondido motorcycle accident attorneys at Miller & Steele Law Firm have the necessary experience and skill to get you the money you deserve. Contact our attorneys today at (760) 439-2210 to schedule your free consultation and learn about the support we can offer.