As a motorcyclist on the roads of Orange County, you are more likely to suffer serious & catastrophic injuries in a road accident. You obviously are not as protected from the hazards as those inside a vehicle, and while you should be as careful as possible, mishaps can happen. If you were injured in such a motorcycle accident, you must consider seeking help from an expert. A capable motorcycle accident lawyer can help review your case, and top law firms in OC don’t charge a fee to review potential claims. In this post, we have enlisted five things to know when dealing with such claims.
- California follows the fault-based system: If the other driver rammed into your motorcycle or was negligent in any manner, they are liable for the losses you endure, including medical bills, lost wages, and pain and suffering. In states that follow the standard fault-based system, including California, the negligent driver is responsible for damages incurred by others.
- You must file an injury lawsuit within two years: Typically, you will have to first file a claim with the other party’s insurance company, but if things don’t go as planned, you can sue them directly through a civil lawsuit. As per the statute of limitations in California, you have two years to initiate the lawsuit after a motorcycle accident.
- Your fault is a critical factor: If you were speeding at the time of the mishap or reckless in a way, your fault would determine what you eventually recover. In that context, California is a pure comparative fault state. Even if your fault share is higher than the other driver, you will retain the right to sue. Your final settlement will be adjusted to your fault in percentage.
- Hiring a lawyer is always a good idea: While you can file your motorcycle accident claim independently, it may not be the best decision, primarily because insurance companies are unlikely to play fair. Get an attorney when you get injured so they can take action and gather information from various sources and the mishap scene.
- You don’t have to pay your lawyer now. Don’t let the immediate losses prevent you from seeking legal help. Most law firms charge a contingency fee, which is not an upfront fee but a share of the settlement. Your lawyer can take up to 40% of the final compensation.
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