What happens after a motorcycle accident in San Marino?
If you were hurt in a motorcycle accident here in San Marino, the immediate aftermath can feel overwhelming. You might be dealing with injuries, vehicle damage, and a flood of questions about how to cover medical bills and lost wages. Your next steps often involve reporting the accident, seeking medical attention, and understanding your rights under California law to pursue compensation for your damages.
What types of motorcycle accident cases do you handle?
Our firm helps people injured in all types of motorcycle collisions. This includes incidents involving cars that turn in front of motorcycles, drivers who fail to see motorcyclists, and accidents caused by unsafe lane changes or distracted driving. We also assist with cases arising from defective motorcycle parts or dangerous road conditions, although proving liability can be more complex in those situations.
What should I do after a motorcycle accident?
- Ensure Your Safety and Seek Medical Attention: First, move yourself and your motorcycle to a safe location if possible, away from ongoing traffic. Even if you feel fine, it's critical to get a medical evaluation immediately. Injuries from motorcycle accidents, especially internal ones or concussions, may not be immediately apparent, and a medical record connects your injuries to the accident.
- Report the Accident: Call 911 to report the collision to the San Marino Police Department or the California Highway Patrol, depending on the location. A police report can be valuable in establishing the facts of the accident.
- Gather Information at the Scene: If you are able, collect contact and insurance information from all involved parties, and eyewitnesses. Take photos or videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Do not admit fault or apologize, even casually.
- Do Not Discuss Your Case with Insurance Companies Without Counsel: The at-fault driver's insurance company may contact you quickly. Be cautious about giving recorded statements or signing documents without first speaking with an attorney. Insurance adjusters often aim to minimize payouts.
- Contact a Motorcycle Accident Attorney: Understanding your legal options after a motorcycle accident can be complicated. An experienced personal injury attorney can help you navigate the process, protect your rights, and pursue the full compensation available under California law.
Where would a motorcycle accident lawsuit from San Marino be filed?
For most personal injury lawsuits arising from an incident in San Marino, your case would generally be filed in the Superior Court of California, County of Los Angeles. Specifically, cases are assigned to the Northeast District, which includes the Pasadena Courthouse located at 300 E Walnut St, Pasadena, CA 91101. In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department, as per LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
How long do I have to file a motorcycle accident claim in California?
In California, most personal injury claims, including those from motorcycle accidents, must be filed within two years from the date of injury, as set forth in California Code of Civil Procedure § 335.1. However, if your claim is against a city, county, or other public entity, such as the City of San Marino or Los Angeles County, you generally have a much shorter deadline. A formal written claim must be presented to the public entity within six months of the accident, according to California Government Code § 911.2. Failing to meet these deadlines can mean losing your right to seek compensation entirely.
While the deadline is generally paused while an injured person is a minor under California Code of Civil Procedure § 352, that pause does not apply to claims against public entities. Deadlines have exceptions and must be confirmed with an attorney for your specific facts.
California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering. The specific amount of compensation depends on the unique facts of your case.
What does working with your firm involve?
When you work with Casa Legal Los Angeles, we handle the complexities of your motorcycle accident claim so you can focus on your recovery. This involves investigating the accident, gathering evidence, communicating with insurance companies on your behalf, and negotiating for a fair settlement. If a settlement cannot be reached, we are prepared to take your case to court. We understand the unique challenges motorcyclists face and work diligently to protect your rights and pursue the compensation you deserve. This approach is consistent whether you were injured here in San Marino or in another community like Agoura Hills or Alhambra.
Frequently Asked Questions
Can I still file a claim if I wasn't wearing a helmet in San Marino?
California law requires all motorcyclists to wear helmets. If you were not wearing a helmet and sustained head injuries, the other side may argue that your injuries were made worse by your failure to wear one. However, not wearing a helmet does not automatically prevent you from recovering compensation for your other injuries or for a portion of your head injuries, as California follows a system of pure comparative negligence. This means your recovery may be reduced by your percentage of fault, but you can still seek compensation. It's best to discuss the specifics with an attorney.
Do I have to go to court for a motorcycle accident claim?
Not every motorcycle accident claim goes to court. Many cases are resolved through negotiation and settlement with the insurance companies. However, if a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary to secure the compensation you deserve. Our team at Casa Legal Los Angeles is prepared to represent you through every stage, whether that's negotiation or litigation, to secure the full compensation available under California law.
What if the driver who hit me doesn't have insurance?
If the at-fault driver who caused your motorcycle accident in San Marino is uninsured or underinsured, you may still have options. Your own uninsured motorist (UM) or underinsured motorist (UIM) coverage could provide compensation for your injuries and damages. Reviewing your own insurance policy and understanding its terms is crucial in these situations. We can help you examine your policy and explore all potential avenues for recovery.
Is the two-year deadline for personal injury claims absolute?
For most personal injury claims in California, including motorcycle accidents, there is a two-year deadline from the date of injury to file a lawsuit, as stated in California Code of Civil Procedure § 335.1. However, there are exceptions that can shorten or lengthen this period. For example, claims against a government entity have a much shorter six-month deadline under California Government Code § 911.2. Minor children generally have their deadline tolled, but not for claims against public entities. It is crucial to consult with an attorney immediately to confirm the specific deadlines that apply to your unique situation.
If you or a loved one has been injured in a motorcycle accident in San Marino, don't wait to understand your rights. Call Casa Legal Los Angeles at 888-585-2529 for a consultation. No attorney's fees or case costs unless we win.