What is the Statute of Limitations for a Motorcycle Accident in California?
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short answer: The statute of limitations for a motorcycle accident in California is two years. This means that the victim has two years from the date of the accident to file a lawsuit against the responsible party. If the victim fails to file a lawsuit within this time frame, they may lose their right to sue and recover compensation for their injuries.
It’s important to note that this statute is often known as the “statute of limitations for personal injury claims.” So, this term is not specific to motorcycle accidents and applies to all types of personal injury cases in California.
When Can Someone File a Claim?
A victim of a motorcycle accident can file a claim as soon as they have been injured in the accident. It is important to note that the victim should seek medical attention immediately after the accident to ensure that their injuries are properly documented.
This documentation will be essential in proving their case in court. Additionally, the victim should contact a personal injury attorney as soon as possible to help them navigate the legal process.
Who are the Most Common Defendants that Can File a Claim Under the Statute?
The most common defendants that can be held liable in a motorcycle accident in California are the driver of the other vehicle involved in the accident and the owner of the vehicle.
If the driver was working at the time of the accident, their employer may also be held liable. In some cases, the manufacturer of the motorcycle or a defective part may be held liable if the accident was caused by a mechanical failure.
Are there Any Exceptions?
There are some exceptions to the two-year statute of limitations in California. If the victim was a minor at the time of the accident, the two-year clock does not start ticking until they turn 18 years old.
Additionally, if the victim was mentally incapacitated at the time of the accident, the two-year clock may not start until they have recovered from their injuries and are mentally capable of pursuing legal action.
It is also important to note that there may be other exceptions or extensions to the statute of limitations in certain circumstances. It is always best to consult with a personal injury attorney to determine if there are any exceptions that apply to your specific case.
Final Overview
The California motorcycle accident statute of limitations is two years. Victims of motorcycle accidents should seek medical attention and contact a personal injury attorney as soon as possible to ensure that their case is properly documented and they receive the compensation they deserve.
The most common defendants in a motorcycle accident case are the driver of the other vehicle involved in the accident, the owner of the vehicle, and the employer of the driver if they were working at the time of the accident.
However, there may be exceptions to the statute of limitations that apply in certain circumstances, so it is always best to consult with a personal injury attorney to determine your rights and options.
Get Accident Help Today
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Lawyer referral services are free for California accident victims to use. Don’t waste time trying to find a lawyer who you think will work for your case. Get your questions answered and find a top rated motorcycle attorney with Lawlinq today.
Motorcycle Accident Resources
- California Motorcycle Accident Settlement Calculator
- California Motorcycle Accident Statute of Limitations
- Los Angeles Motorcycle Accident Lawyers
- California Personal Injury Statute of Limitations
