Motorcycles can be risky to ride as they provide little to no protection from force or impact when a crash happens.
Sadly, riders are more likely than individuals in passenger vehicles to die in an accident. In fact, a total of 565 motorcyclists were killed in California in 2021, according to the California Office of Traffic Safety. Many more were injured, leaving crash victims with expensive medical bills and often a diminished quality of life.
When drivers are responsible for causing motorcycle accidents, they can be held accountable under California law. An Encinitas motorcycle accident lawyer at Miller & Steele Law Firm will help you to navigate the legal system if you or a loved one was hurt or killed so you can get the monetary compensation you’re entitled to. Give us a call at (760) 439-2210 to learn more.
Who Can Be Held Responsible For A Motorcycle Accident?
Often, drivers are at least partly to blame for motorcycle crashes because they may exhibit unreasonably careless behaviors around motorcycles or may fail to follow the rules of the road.
For example, a driver who doesn’t look before making a turn and then collides with a motorcyclist may have failed to fulfill their legal obligation to exercise reasonable care behind the wheel.
California Civil Code Section 1714 establishes the rule that individuals and other entities aren’t just responsible for intentional wrongdoing, but also for careless acts. This means crash victims can get compensation for motorcycle accident damages as long as they can show the motorist’s breach of safety obligations directly caused them harm.
Motorcyclists who share the blame for a crash can still pursue a case for compensation, even if they were mostly responsible because California is a pure comparative fault state with this rule established in a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975).
A motorcyclist who was 90% responsible for causing a collision could make a claim against the other driver and, as California Civil Code Section 1431.2 explains, would simply receive compensation proportionate to the percentage of fault attributed to the defendant — or, in this case, payment of 10% of their damage amount.
The Encinitas personal injury attorney at Miller & Steele Law Firm can help you to gather police reports, witness statements, and other evidence so you can demonstrate the other driver’s responsibility and the extent of the harm they caused. This will ensure you can recover the compensation you deserve.
Statute of Limitations for an Encinitas Motorcycle Accident Claim
California Code of Civil Procedure section 335.1 states that you have two years to bring an action arising from injury or death that results from wrongful or neglectful acts. You’ll want to be certain to make your claim within the statute of limitations so you do not find yourself unable to move forward because your case is time-barred.
Get Help from Our Motorcycle Accident Lawyer Today
If you or someone you love was involved in a motorcycle crash, reach out to Miller & Steele Law Firm today at (760) 439-2210 to schedule a free consultation. Our Encinitas motorcycle accident lawyers will be there at every step of your case to help you navigate the legal system and pursue a successful claim that will make you whole for your damages.