Is the driver always at fault when a motorcycle is hit in South Pasadena?
No, a motorcycle rider is not always automatically at fault when involved in a crash in South Pasadena. California uses a pure comparative negligence system, meaning fault can be shared between parties involved in an accident.
Even if you bear some responsibility for the crash, you might still recover damages, though the amount would be reduced by your percentage of fault. A thorough investigation determines who was negligent and contributed to the incident.
How long do you have to file a motorcycle accident claim and what can you recover?
Most personal injury claims, including those from a motorcycle accident, must be filed within two years from the date of the injury under California Code of Civil Procedure § 335.1. However, if your claim is against a city, county, or other public agency in South Pasadena, you must present a written claim to that entity within six months of the incident as per California Government Code § 911.2.
There are exceptions to these deadlines. For example, if the injured person is a minor, the general two-year deadline is paused, as stated in California Code of Civil Procedure § 352. But this pause does not apply to the six-month deadline for claims against public entities. You should always confirm the specific deadline that applies to your situation with an attorney.
California law allows recovery for medical costs, lost earnings, and non-economic harm such as pain, suffering, and emotional distress. What a claim is worth depends on its specific facts, including the severity of your injuries and the impact on your life.
Where do you file a motorcycle accident case from South Pasadena?
If you've been injured in a motorcycle accident in South Pasadena, your personal injury case will generally be filed in the Superior Court of California, County of Los Angeles. In Los Angeles County, personal injury cases are filed in the judicial district where the incident occurred and are assigned to that district's Personal Injury Hub department.
For South Pasadena, this means your case is generally handled at the Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101. This procedure is detailed in LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. If your claim involves a public entity, you must first follow the specific claim presentation procedures before filing a lawsuit.
What types of cases do we handle for South Pasadena motorcycle riders?
We represent motorcycle riders in South Pasadena who have suffered injuries due to someone else's negligence. This includes collisions with cars, trucks, or other vehicles that result in serious injuries.
We also assist those harmed by dangerous road conditions, distracted drivers, or drivers who fail to yield the right-of-way to motorcyclists. Our work extends to cases involving all types of personal injuries, focusing on recovering the compensation our clients deserve.
Our firm handles cases where riders suffer severe injuries like spinal cord damage, traumatic brain injuries, broken bones, or road rash. We work to ensure that all losses, both immediate and long-term, are accounted for in your claim. This includes advocating for families in wrongful death cases arising from fatal motorcycle accidents.
What should you do after a motorcycle accident in South Pasadena?
- Get medical help immediately. Your health is the priority. Call 911 or have someone call for you. Even if you feel fine, some injuries might not appear until later.
- Report the accident. Contact the South Pasadena Police Department or California Highway Patrol to ensure an official accident report is made. This report can be important evidence later.
- Gather evidence at the scene. If you can safely do so, take photos of the accident scene, vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses.
- Do not admit fault. Avoid discussing the accident's cause with anyone other than the police or your attorney. Do not give recorded statements to insurance adjusters without legal advice.
- Contact a personal injury attorney. Speak with a lawyer experienced in motorcycle accidents as soon as possible. They can explain your rights and handle communications with insurance companies.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles, you work with a team dedicated to personal injury and employment law. We focus on recovering the compensation you are due, allowing you to concentrate on your recovery. Our approach involves a thorough investigation of your motorcycle accident in South Pasadena, gathering evidence, and building a strong case.
We manage all communications with insurance companies and responsible parties, protecting you from tactics designed to minimize your claim. Our firm represents clients across Los Angeles County, including in Alhambra, Maywood, and Pomona. We are committed to transparency and keeping you informed throughout the process, from filing the initial claim to potential litigation or settlement.
Our commitment means we handle the legal complexities so you don't have to. We believe in direct communication and will always be available to answer your questions and address your concerns. For cases involving severe harm, like those requiring long-term care or leading to catastrophic injuries, our focus is on securing compensation that covers future needs, not just immediate expenses.
Frequently Asked Questions
What is "comparative negligence" in California motorcycle accidents?
California's comparative negligence rule means that if you are partially at fault for a motorcycle accident in South Pasadena, your recovery will be reduced by your percentage of fault. For example, if you are found 20% responsible for the crash, you can still recover 80% of your total damages.
Can I still file a claim if the driver who hit me is uninsured?
If the at-fault driver is uninsured, you may still be able to recover damages through your own uninsured motorist (UM) coverage, if you have it. It is important to check your policy and speak with an attorney to understand your options.
How does a claim against a public entity differ from a private one?
A claim against a public entity, like the city of South Pasadena or a county agency, has a much shorter deadline of six months to present a written claim before you can file a lawsuit. This is different from the two-year deadline for claims against private individuals or companies.
How long does it take to settle a motorcycle accident case?
The time it takes to resolve a motorcycle accident case varies greatly depending on factors like injury severity, liability disputes, and the willingness of parties to negotiate. Some cases settle quickly, while others may proceed to litigation and take longer to reach a resolution.
If you've been injured in a motorcycle accident in South Pasadena, don't face the legal process alone. Contact Casa Legal Los Angeles today for a free consultation at 888-585-2529. No attorney's fees or case costs unless we win.