Rancho Cucamonga Motorcycle Accident Lawyer

Rancho Cucamonga Motorcycle Accident Attorney

Motorcycles can offer riders a thrilling alternative to driving while placing them into particularly dangerous situations. California’s allowances for motorcyclists to engage in lane splitting, omit protective gear and reject helmets create a larger risk of serious injury and damage during collisions. If you have been in an accident, a Rancho Cucamonga motorcycle accident lawyer from the Law Offices of Christian J. Amendt can guide you through the complex legal process of filing claims for personal injury compensation.

Increased Dangers of Motorcyclists

Like car drivers, motorcyclists must be licensed to operate their specific vehicle and are expected to know the rules of the road that apply to them. When motorcycle-specific rules such as lane splitting come into play, the risk of accidents can increase. Such maneuvers can be easily overlooked by drivers in cars, which can cause accidents that range from mildly damaging to fatal.

Rules for California motorcyclists regarding protective gear are also not particularly strict. While it is mandatory for motorcyclists under the age of 18 to wear a helmet, it is not mandated for riders who are over 18. This lack of mandated physical protection can have a dangerous impact on riders involved in collisions. The physical injuries one can sustain become more severe.

What Should I Do After a Motorcycle Accident in Rancho Cucamonga?

Immediately after you have been in a motorcycle accident, move yourself and other affected parties to a safe area on the side of the road and assess damages. If anyone has been injured or killed, contact law enforcement. Document the collision as thoroughly as possible through photographs and note-taking.

California requires you to report all collisions to the Department of Motor Vehicles within 10 days of the collision if any injury occurred, someone died, or the damage to either vehicle was $1,000 or more. Reports are made using an SR-1 report form, which is available online and at DMV field offices.

It is important to seek medical attention after the accident to determine if you have any underlying injuries. Some injuries can manifest after the initial collision, even if they are directly caused by the collision. Accidents on the road are incidents of major stress, and the effects of an accident may not be recognized until much later. You may still be able to collect compensation in Rancho Cucamonga for injuries that appeared after the accident if you can prove that they were directly caused by the accident.

Adhere to the Statute of Limitations

The statute of limitations differs between personal injury claims and property damage claims, both of which can be filed after a motorcycle accident. Personal injury claims have a statute of limitations of two years from the date of the accident. However, if your injury was not discovered immediately after the accident, that two-year time period begins as soon as the discovery is made. For this reason, hold onto any and all medical documentation you receive after your accident.

For property damage claims, you have up to three years to file a claim in civil court. This is a strict deadline which you must adhere to. Claims that are filed for either claim type after their statute of limitations has passed may not be pursued in court at all. In this case, you may be disqualified completely from receiving compensation.

What Damages Can I Collect After a Motorcycle Accident in California?

Motorcyclists can collect damages through personal injury claims and property damage claims. These processes are quite different, even if their circumstances are intertwined. A skilled motorcycle accident lawyer can guide you through both processes in a way that is comprehensive and thorough.

Damages are determined differently between these two types of claims. For personal damages, we can help you estimate appropriate compensation by looking at the following factors:

• Medical costs – This includes immediate medical care and ongoing medical care
• Lost wages – You may be able to collect compensation for wages you missed while you were recovering from your injury
• Accommodations – If you endured a temporary or permanent disability, you can collect compensation for accommodations that need to be made
• Pain and suffering – This encompasses the difficult emotional effects of an injury and a deterioration of your quality of life

Injury losses can be difficult to calculate without proper documentation from a medical professional. However, property damages are much more straightforward to calculate. For property damages, the court will look at:

• The monetary value of the property damage
• Liability – How liable each party was for the accident

How Do You Establish Liability for Motorcycle Accidents?

To collect property damages from the other party’s insurance company, they must be found liable, even partially, for causing the accident. California uses a “pure comparative negligence” rule when establishing liability, which means the percentage of compensation you receive is dependent on how liable you are. For example, if you are found 60% liable for causing the accident, you may only receive 40% of the compensation you requested.

FAQs About Rancho Cucamonga, CA Motorcycle Accident Laws

How Much Do Accident Attorneys Charge in California?

In California, many accident attorneys charge contingency fees, meaning they do not get paid for their services unless they receive compensation. The percentage that an attorney takes can vary widely between law firms. You can typically schedule a consultation to discuss potential costs prior to committing to representation from them.

What Do I Do if I Witness a Motorcycle Accident?

If you witness a motorcycle accident in California, check the involved parties for any injuries and help them reach out to law enforcement if necessary. As a witness, your testimony is valuable for parties who choose to pursue compensation for the damages they incurred. Offer your contact information if you are willing to provide witness testimony.

How Painful Is a Motorcycle Accident?

Motorcycle accidents can be particularly painful due to the lack of protection around you. California does not have many strict requirements regarding protective gear, which increases the risk of injury when an accident occurs. Motorcyclists also have different allowances on the road, which can conflict with or go unnoticed by car drivers, resulting in unnecessary accidents.

Who Is Responsible for Most Motorcycle Accidents?

Responsibility in motorcycle accidents is determined on a case-by-case basis. Liability can be determined by looking at the following things:

• Witness accounts of the event
• Police reports from the scene of the accident
• Footage from nearby traffic cameras
• Private surveillance camera footage from businesses
• Observation of damages in the aftermath of the accident

Although legal representation is not required after a motorcycle accident, your chances of success when seeking compensation are greatly bolstered by having an experienced Rancho Cucamonga motorcycle accident lawyer. To discuss the future of your case, contact the Law Offices of Christian J. Amendt today.