Bicycle accidents have been statistically shown to result in a higher degree of serious injuries and fatalities then most other type of vehicular collisions. Bicycle accident injury claims
are usually regarded as personal injury causes of action in the State of California. Generally a plaintiff has two years from the date of the accident to file a claim in a California Jurisdiction. However in certain instances a plaintiff may be qualified for a tolling (halting of the statute so that it is prevented from running out) of the two year window of opportunity to file a claim against defendants.
Two Year Statute of Limitations for Civil Personal Injury Lawsuits:
Statute of Limitations refers to the law the limits the amount of time within which a victim involved in a Bicycle accident may bring a cause of action against parties whose negligent or intentional acts resulted in injuries suffered. In California state courts, an individual has TWO YEARS in which to file a lawsuit for their damages resulting from the actions of another individual.
Tolling of the Statute:
Although failure to file a claim within the statutory period could result in barring your claim, there are certain exceptions. Exceptions to the statutory deadline to filling a claim will be made in situations where
(1) The injured party was mentally incompetent during the time which the statute is running.
(2) The injured party was physically incapacitated and thus incapable of filing a claim. during the statutory timeline.
(3) In individual is unaware that an injury has taken place until a later period.
(4) The Injured party was a minor under the age of 18 when the cause of action took place. According to California judicial law a minors statutory period does not begin to run until her eighteenth birthday. At that point a minor has two years to file the claim.
Bicycle Accidents Involving a Bus or other Government Controlled Vehicle:
Personal Injury lawsuits filed against government owned entities somewhat differ. In the state of California a plaintiff has only 6 months (180 days) to file a claim for damages. A claim for damages is different than a lawsuit. You first file a claim with the transit authority which runs the bus line. Many times statements made to bus operators can be used against you in order to deny or limit your claim for recovery.
After you file your claim with the transit authority responsible for your injuries, you will have 2 years from the date of the accident to file a lawsuit. A lawsuit will be filed if the MTA does not properly work to address your claims.
Vital to receive Legal Consultations Regarding Your Claim:
There may be other statutory limitations and other legal issues you may not be aware of which may reduce or eliminate your right to compensation. A consultation regarding your case is completely free of charge.
Call (855) 339-8879 to set up a free, no obligation consultation to find out if you have a case.