Understanding California Motorcycle Accident Laws
California has specific statutes that impact motorcycle accident claims. Understanding these laws is crucial for maximizing your potential compensation.
Comparative Negligence
California follows a pure comparative negligence rule. This means that even if you are partially at fault for the accident, you can still recover damages, though your percentage of fault may reduce them. For example, if you are found 20% at fault, your total compensation will be reduced by 20%.
Statute of Limitations
Under California law, you have two years from the accident date to file a personal injury lawsuit. Failing to do so can forfeit your right to compensation. If the accident resulted in a fatality, the victim’s family has two years from the date of death to file a wrongful death claim.
Lane-Splitting Laws
California is one of the few states that allows lane-splitting, where motorcyclists can legally ride between lanes of traffic. However, riders must do so safely, as reckless lane-splitting can impact liability in an accident.
Steps to Take After a Motorcycle Accident
Taking the right steps after a motorcycle accident can significantly impact your case.
Some key actions to take include:
- Seek medical attention. Even though some injuries may seem minor, symptoms may manifest days after an accident. Seeing a doctor ensures the proper documentation of your injuries, which is crucial for your claim.
- Document the scene. Take photographs, gather witness information, and note any relevant details if possible. Capture images of your injuries, vehicle damage, road conditions, and any traffic signals or signs.
- Report the accident. Notify law enforcement and obtain a copy of the San Francisco police accident report. This document serves as critical evidence in establishing fault and liability.
- Avoid speaking to insurance adjusters. Before consulting with a lawyer, refrain from providing statements to insurance companies. They often try to minimize settlements or shift blame to reduce payouts.
- Obtain legal counsel. Early legal intervention can preserve evidence and strengthen your case. A motorcycle accident attorney in San Francisco can handle negotiations with insurers and, if necessary, take your case to trial.
The days and weeks following a motorcycle accident can seem overwhelming when dealing with injuries and growing medical costs. Working with the right attorney can help you take the steps necessary to move forward with your life.
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