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Motorcycle Accident FAQs

How much compensation can I claim in my California motorcycle accident case?

The amount you can claim totally depends upon the nature of your accident, the extent of injuries, and how much financial and emotional toll the accident has taken on your life. For example, how much work have you missed, the pain and suffering the accident has caused, and more. There can never be one figure for all.  Our expert attorney carefully evaluates every aspect of the accident and can help you get the maximum compensation for your damage, pain, and suffering.

What is the deadline to file a lawsuit for a motorcycle accident in California?  

In California, there is a statute of limitations when it comes to filing a personal injury lawsuit. Currently, the limit is two years from the date of the accident. Above and beyond this time, you lose the opportunity to seek compensation for the accident.

The accident happened due to my fault. What are my options?

If the motorcycle accident has happened due to your fault, whether partially or entirely, you need to connect with your insurance company to seek compensation for the damage.  Apart from that, California is an “at-fault” state. This means you are responsible to cover the damage that occurred to the other driver as well. This includes:

  • Medical bills and recovery expenses
  • Lost wages or loss of earning potential
  • Compensation to cover vehicle damage
  • Pain and suffering 

However, most of the time, accidents happen due to the fault of both parties, and California follows a pure comparative negligence standard. This means that in California if the accident happened due to the fault of both the parties, the jury will decide the apportionment of fault and will accordingly reduce the plaintiff’s overall reward.

At Krasney Law, we can help you file a case of comparative negligence and seek appropriate compensation for the damage that occurred to you and your property during the accident.

What if my motorcycle accident happened outside California?

Whether you are rallying, touring, or exploring the country on your two wheels, accidents are unpredictable and sometimes hard to prevent. If you are involved in a collision out-of-state, the claim settlement rules prevailing in that state will apply. They will also depend on whether the state is a no-fault state or an at-fault state.

So collect all possible evidence and refer to a qualified attorney to take legal action. While we at Krasney Law operate mainly in California, we can seamlessly put you in touch with qualified lawyers in other states. Our attorneys can coordinate with them on your case to help you get maximum compensation for your damage and injuries. Connect with our team for a free evaluation of your case.    

What to do if the accident happened due to a defect or malfunction in the motorcycle’s part or machinery?

Your motorcycle is a machine, and it is not uncommon for its part to break down or malfunction during operation. But if the defect has led to an accident, you can file a lawsuit under California’s “product liability” laws. The business that designed, manufactured, or sold that particular part will be liable to pay for injuries caused due to the accident. Talk to our expert motorcycle accident attorneys to know your rights and how can you file a fool-proof personal injury case against the manufacturer. 

Can I file a claim if my loved one was killed in a motorcycle accident?

Of course! If you have unfortunately lost your spouse, partner, child, or a loved one in a motorcycle accident, we can help you file a wrongful death lawsuit under California’s laws. Our attorneys can help you seek compensation for various costs associated with the deceased family member, including:

  • Medical expenses incurred on the treatment before the victim passed away
  • Burial expenses
  • Funeral expenses
  • Loss of financial earnings
  • Compensation for the loss of companionship and support 

In California, you can file a wrongful death claim for a motorcycle accident if you are: 

  • The surviving spouse or surviving partner of the victim
  • The children of the victim
  • The grandchildren, if the parents are not alive
  • The sibling
  • Relative who’s entitled to the property of the decedent

I have delayed pain after my motorcycle accident. Am I eligible for compensation now?

Some symptoms of an accident injury take days and even weeks to manifest. When it happens, it is important to consult your medical team to ascertain if these newly developed symptoms are due to injuries incurred during the accident.

You can seek compensation for your delayed injuries if your claim has not been settled, and you have not signed the release of liability form with the at-fault party’s insurance provider. Connect with our expert attorney to explore your options.

How long does it take for motorcycle accident cases to settle in California?

The time frame of your California motorcycle accident case depends on several factors like:

  • The nature of the accident
  • The scope of your injuries
  • If the accident has led to the death of the victim
  • Who was at fault during the accident and how clear is the liability
  • Is the case settling or going on trial

At Krasney Law, we can help you expertly evaluate your case so that you can recover the most compensation for your losses. With absolute knowledge of the process and the current laws prevailing in the state, we can help you present your case in the best possible way.    

Should I make a settlement out of court?

While most insurance companies persuade victims to go for an out-of-court settlement. There are many reasons why you should not accept their offer. The most important of them is that when you settle your case out of court, you would never be able to get the true compensation for your accident. Your delayed injury costs, if any, will not be covered because you have already settled your dues with the at-fault insurance company. And you’ll never be able to charge them for the emotional damage that the accident has caused you.

It is always advised to go the legal route and hire an experienced attorney to help you get the maximum compensation for your loss.