Can I still claim compensation if the other driver says I was at fault for my motorcycle accident in Pico Rivera?
Yes, you can. California law allows you to recover damages even if you share some blame for a motorcycle accident, under a rule called pure comparative negligence. This means the money you get will be reduced by your percentage of fault, but you aren't barred from recovery just because you were partly at fault. Your recovery for non-economic damages, like pain and suffering, might be limited by Proposition 51 (Civ. Code § 1431.2(a)) if multiple defendants are involved, but economic damages remain joint and several.
Proving who caused a motorcycle accident often involves reviewing police reports, eyewitness statements, and accident reconstruction. Sometimes, a motorcyclist is unfairly blamed, even when another driver's negligence caused the crash. We focus on gathering evidence to show the true sequence of events and protect your right to compensation.
How long do you have to file a motorcycle accident claim in Pico Rivera?
Most personal injury and wrongful death claims in California, including those from motorcycle accidents, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or any other public agency, you have a much shorter deadline. A formal written claim must be presented to the public entity within six months of the injury (Cal. Gov. Code § 911.2) before you can file a lawsuit.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). But this pause does not apply to claims against public entities under the Government Claims Act. Deadlines have exceptions and must be confirmed with an attorney for your specific facts, as missing one can prevent you from ever recovering money.
Where does a motorcycle accident case from Pico Rivera get filed?
A personal injury case resulting from a motorcycle accident in Pico Rivera generally gets filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order effective May 17, 2024, cases are assigned to the judicial district where the incident occurred and then to that district's Personal Injury Hub department. For Pico Rivera, this means your case would likely be filed at the Norwalk Courthouse, located at 12720 Norwalk Blvd, Norwalk, CA 90650.
If your claim involves a public entity, such as the City of Pico Rivera or Los Angeles County, you must first present your claim to that entity within the six-month deadline before a lawsuit can be filed. Once that administrative step is complete and if the claim is rejected, then the lawsuit would be filed in the same Superior Court.
What kinds of damages can a motorcycle accident claim cover in Pico Rivera?
A motorcycle accident claim can cover a range of losses you experience because of someone else's carelessness. You can seek compensation for your medical bills, including emergency treatment, hospital stays, and ongoing therapy. Lost wages are also recoverable if you miss work due to your injuries.
Beyond these economic losses, you can also claim non-economic damages for the pain, suffering, and emotional distress the accident caused. If your motorcycle was damaged, the cost to repair or replace it is also part of your claim. In some cases, punitive damages may be available if the at-fault party acted with extreme recklessness or malice, intended to punish the at-fault party and deter similar conduct.
If a loved one died in a motorcycle crash in Pico Rivera, surviving family members can pursue a wrongful death claim. This type of claim seeks compensation for financial support the deceased would have provided, funeral and burial expenses, and the loss of companionship. For survival actions filed on or after January 1, 2026, California law (Cal. Code Civ. Proc. § 377.34) does not allow recovery of the decedent's pre-death pain, suffering, or disfigurement, though economic losses and punitive damages may still be available. Elder abuse claims are a different matter and unaffected by this particular change.
What should you do after a motorcycle accident in Pico Rivera?
- Ensure safety and call for help: Move yourself and your motorcycle to a safe location if possible. Call 911 to report the accident and request medical assistance and police.
- Collect information: Get the other driver's name, insurance information, license plate number, and contact details. Take photos of the scene, vehicle damage, your injuries, and any relevant road conditions.
- Seek medical attention: Even if you feel fine, see a doctor. Some injuries, like traumatic brain injuries, have delayed symptoms. Medical records are also important evidence for your claim.
- Do not admit fault: Avoid discussing fault with anyone at the scene or with insurance adjusters. Stick to the facts of what happened.
- Contact an attorney: Speak with a motorcycle accident attorney in Pico Rivera as soon as you can. An attorney can help you understand your rights, deal with insurance companies, and protect your claim.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles after a motorcycle accident in Pico Rivera, we start by listening to your story and understanding the full impact of your injuries. We gather evidence, which includes police reports, medical records, and witness statements, to build a strong case for you. Our team handles all communication with insurance companies, protecting you from their tactics to minimize your claim.
We work to secure compensation for your medical expenses, lost income, pain and suffering, and other damages you incurred. We prepare your case as if it will go to trial, which often leads to better settlement offers. If a fair settlement isn't possible, we are ready to take your case to court. Our focus is on achieving the best possible outcome for you while you concentrate on your recovery.
Frequently Asked Questions
What if the other driver doesn't have insurance?
If the at-fault driver has no insurance, you might be able to recover compensation through your own uninsured motorist (UM) coverage. This coverage is designed to protect you in such situations. If you don't have UM coverage, other avenues might exist, but they are often more complex, so discussing your options with an attorney is wise.
How much does a motorcycle accident lawyer cost in Pico Rivera?
Motorcycle accident attorneys typically work on a contingency fee basis. This means you don't pay any attorney's fees or case costs unless we win your case. No attorney's fees or case costs unless we win. This arrangement allows you to pursue justice without upfront financial burden.
Will I have to go to court for my motorcycle accident claim?
Not all motorcycle accident claims go to court. Many cases are settled through negotiations with the insurance company. However, if a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary to protect your rights and recover the compensation you deserve. The Norwalk Courthouse handles many such cases in Los Angeles County.
What if I was wearing a helmet, but still suffered a head injury?
Even with a helmet, serious head injuries, including concussions or traumatic brain injuries, can occur. California law requires motorcyclists to wear helmets, and doing so demonstrates you were taking precautions. Suffering a head injury despite wearing a helmet does not reduce your right to seek full compensation for your injuries and related damages. Your helmet actually protects your claim by showing you followed the law.
A motorcycle accident can disrupt your life, but you don't have to face the aftermath alone. Contact Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.