Statute of limitations is the amount of time a plaintiff has to file a claim for recovery against an at fault party (defendant). Motorcycle accidents can result in devastating injuries and fatalities. Victims of motorcycle accident are entitled to monetary compensation from all at fault parties However in many instances injured parties fail to file a claim of compensation within the jurisdictional time lime established by the Statute of Limitations.
The statute of limitations for filing a personal injury lawsuit will depend on who the at fault party is. The most common defendants in motorcycle injury lawsuits include
- Other motorists and motorcyclists – 2 year California Statute of Limitations to file a Civil claim against private party (nongovernmental) motorists. Ca. Civ. Proc. Code § 335.1
- Manufacturers of Motorcycles for production of defective vehicles resulting in accidents – 2 years California Statute of Limitations Cal. Civ. Proc. Code § 312 et seq. Product liability Case
- Government entities responsible for the proper maintenance of roads and highways and operator of public transportation vehicles including bus lines and railroads – A special claim called an “Administrative Claim” must first be filed with the agency using the government own forms within 180 Days or 6 months from the date of the Injury. After that the injured party has 2 years from the date of accident to file a claim.
Are There Any Expectations if the Statute of Limitations for Filing a Claim has Run Out – California courts allow for exceptions to a statute of limitations for filing a claim in certain circumstances. Some of the most common instances in which an Exception or (Tolling) of the Statutory time to filing a Lawsuit in the Court of law if Provided Below
- Mental Incapacitation following the accident
- Physical Incapacitation following the accident
- Minor under the age of 18 – the two year statute of limitations does not run until the individual has reached the age of 18.
Learn More – Victims of Motorcycle Accident has a right to seek recovery for the injuries they have suffered. To learn more about your legal rights in a Motorcycle Accident please visit our California Motorcycle Accident Legal Guide.
Contacting an Attorney – In the vast majority of cases an attorney is able to provide you with a higher level of monetary recovery. Motorcycle accidents require special attention to detail. Our passion is to investigate each and every issue and pursue legal action against any and all potential liable parties.
We thank you for trusting our firm with the opportunity to assist you and will do our absolute best to make sure you are properly taken care of.