A total of 565 motorcycle riders were killed in collisions in California in 2021, according to the California Office of Traffic Safety. Many motorcycle riders also sustained serious injuries on the state’s roads.
Motorcycle riders face unique risks that drivers in passenger cars don’t, including an increased chance of being seriously hurt if a crash happens because motorcycles do not provide protection from impact. The injuries that result are often life-changing because of the lack of safety features on motorcycles.
The good news is that the law protects motorcyclists when injuries occur because of other drivers. If another motorist on the road is fully or partly responsible for causing a motorcycle crash, that driver may be required to cover some or all of the losses the crash victim endures.
Miller & Steele Law Firm has a long and successful track record of representing clients injured in motorcycle crashes and we are passionate about helping every client get the compensation they deserve. To learn what our Oceanside motorcycle accident lawyers can do for you, call today at (760) 439-2210 to schedule your free consultation.
Determining Fault in Motorcycle Accidents
Motorcycle accidents can happen for lots of different reasons, ranging from drivers or motorcyclists speeding and losing control of their vehicle to drivers making an unsafe left turn or not seeing the motorcycle in their blind spot.
It’s important to determine who is at fault for the collision because California follows a pure comparative fault rule. This allows victims to pursue a claim against other drivers who were even partly to blame for their accident. The pure comparative fault rule was established in a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975).
While some states prevent motorcyclists from recovering compensation if they played any role in causing the crash, or if they bore the majority of the responsibility, California doesn’t impose this restriction.
However, under California Civil Code Section 1431.2, the law does make clear that damages will be reduced based on the percentage of fault attributed to the victim. A motorcycle rider who was 60% responsible for an accident resulting in $100,000 in damages could collect $40,000 from the other driver who was partly to blame.
Of course, in order to make a successful motorcycle accident claim in any situation, a motorcyclist must show:
- The other driver was unreasonably negligent
- This negligence was the direct cause of the crash,
Miller & Steele can provide invaluable assistance in gathering evidence and establishing legal arguments to show why the other driver is to blame.
How Long Do I Have To File A Claim For My Motorcycle Accident?
If you were harmed in a motorcycle crash, you need to know there’s a deadline called the statute of limitations that applies to injury claims.
Under California Code of Civil Procedure section 335.1, you are required to act within two years of an incident causing an injury or death. If you don’t, you lose your chance to force the responsible driver to pay compensation by making a damage claim.
Get The Help You Need From A Motorcycle Accident Lawyer At Miller & Steele
Miller & Steele is here and ready to help if you or someone you love was hurt in a crash. Give our Oceanside motorcycle accident lawyers a call today at (760) 439-2210 to find out more about how we can represent you.