Is the driver always at fault when a motorcycle is hit in Lancaster?
No, the driver who hit a motorcycle is not always automatically at fault. California uses a pure comparative negligence system, meaning fault can be divided among multiple parties, including the motorcyclist.
If a court finds you were partly at fault for a motorcycle crash in Lancaster, your financial recovery will be reduced by your percentage of responsibility. For example, if you are found 20% at fault, your damages would be reduced by 20%.
How long do you have to file a motorcycle accident claim in Lancaster?
You generally have two years from the date of your motorcycle accident to file a personal injury lawsuit (Cal. Code Civ. Proc. § 335.1). This deadline applies to most personal injury and wrongful death claims in California.
However, if your claim is against a city, county, or any other public entity, you must present a written claim to that entity within six months of the accident (Cal. Gov. Code § 911.2). Missing this shorter deadline can prevent you from filing a lawsuit later, even if the two-year period for other defendants has not passed.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
What you can recover depends on the specific facts of your case. California law allows recovery for medical costs, lost earnings, and non-economic harm such as pain and suffering. If the at-fault party was found to have acted with oppression, fraud, or malice, punitive damages may also be available (Civ. Code § 3294(a)).
Where do you file a motorcycle accident lawsuit from Lancaster?
A motorcycle accident lawsuit arising from an incident in Lancaster is filed in the Superior Court of California, County of Los Angeles. Under local rules, personal injury cases are filed in the judicial district where the incident happened.
For Lancaster, this means your case would generally be filed at the Michael D. Antonovich Antelope Valley Courthouse, located at 42011 4th St West, Lancaster, CA 93534. The court assigns cases to that district's Personal Injury Hub department (LASC Local Rule 2.3).
If your claim is against a public entity, such as the City of Lancaster or Los Angeles County, you must first follow the government claim procedure described above before filing a lawsuit.
What kinds of cases do Lancaster motorcycle accident attorneys handle?
Our Lancaster motorcycle accident attorneys handle claims where a rider suffered injuries due to someone else's negligence or wrongdoing. This includes various types of collisions, such as:
- Rear-end collisions: Often caused by distracted or tailgating drivers.
- Left-turn accidents: When a driver fails to see a motorcycle and turns in front of it.
- Lane changes: Drivers merging or changing lanes without checking their blind spots.
- Road hazards: Injuries caused by poorly maintained roads, potholes, or debris, which might involve a claim against a public entity.
- DUI or distracted driving accidents: When a driver is impaired or not paying attention.
Motorcyclists often suffer severe injuries in these crashes due to their lack of protection, including road rash, broken bones, spinal cord injuries, or even traumatic brain injuries. We also represent families in wrongful death claims when a loved one dies in a motorcycle accident.
What should you do after a motorcycle crash in Lancaster?
- Ensure your safety and seek medical attention: If possible, move to a safe location. Call 911 immediately if you are injured or if there is significant property damage. Medical attention is crucial for your health and to document your injuries.
- Report the accident to law enforcement: Police will create an accident report, which can be helpful for your claim. In Los Angeles, this would typically be the Lancaster Sheriff's Station.
- Gather information at the scene: If you can, collect contact and insurance information from all involved parties and witnesses. Take photos of the vehicles, your injuries, and the accident scene.
- Do not admit fault or give recorded statements: Avoid discussing fault with anyone other than the police. Do not give a recorded statement to insurance companies without speaking to a personal injury attorney first.
- Contact a motorcycle accident attorney: Speak with a lawyer who understands California motorcycle accident law. An attorney can help protect your rights and guide you through the process.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we focus on understanding your unique situation and fighting for the compensation California law allows. Our legal team handles all communications with insurance companies, gathers evidence, and builds your case.
We work to establish fault, document your injuries, and calculate the full extent of your economic and non-economic damages. Our goal is to recover medical expenses, lost wages, and compensation for your pain and suffering, ensuring your rights are protected throughout the process.
A motorcycle accident can upend your life, whether you are in Lancaster, Maywood, or Pomona. Our personal injury and motorcycle accident attorneys are here to provide legal support and guidance.
Frequently Asked Questions
What if I was not wearing a helmet during my motorcycle accident?
California law requires all motorcyclists to wear a helmet (Veh. Code § 27803). If you were not wearing a helmet and suffered a head injury, the at-fault party's insurance company may argue that your injuries would have been less severe had you worn one. This could reduce the amount of compensation you receive for your head injuries under California's comparative negligence rules. It does not, however, automatically bar your entire claim for other injuries or prevent you from recovering at all.
Can I recover damages if the at-fault driver was uninsured in Lancaster?
Yes, you may still be able to recover damages even if the at-fault driver was uninsured. Your own uninsured motorist (UM) or underinsured motorist (UIM) coverage on your motorcycle insurance policy may provide compensation for your injuries. If you don't have UM/UIM coverage, or if it's insufficient, you might still pursue a claim directly against the uninsured driver, although collecting from individuals can be more challenging. An attorney can review your policy and help you explore all available options.
What kind of evidence is useful in a motorcycle accident claim in Los Angeles County?
Useful evidence in a motorcycle accident claim includes the police report, photographs and videos from the scene, witness statements, medical records detailing your injuries and treatment, proof of lost wages from your employer, and your motorcycle repair estimates or total loss documentation. Additionally, surveillance footage, if available from nearby businesses or traffic cameras in Lancaster, can also provide crucial evidence.
Does a personal injury lawsuit go to trial at the Michael D. Antonovich Antelope Valley Courthouse?
While a personal injury lawsuit for a Lancaster motorcycle accident is filed at the Michael D. Antonovich Antelope Valley Courthouse, most cases do not actually go to trial. Many claims are resolved through negotiations with insurance companies or mediation before reaching a courtroom. However, if a fair settlement cannot be reached, your attorney will be prepared to present your case at trial to a judge or jury at that courthouse to pursue the full compensation available under California law.
If you're dealing with the aftermath of a motorcycle accident in Lancaster, reach out to Casa Legal Los Angeles today. Call 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.