Is a driver always at fault when a motorcycle is hit in Stanton?
No, a driver is not always entirely at fault when a motorcycle is hit in Stanton. California law uses a pure comparative negligence system, which means fault for a collision can be shared between multiple parties, including the motorcyclist.
Even if you share some blame for a crash, California Civil Code § 1431.2(a) allows you to recover compensation reduced by your percentage of fault. For example, if a court decides you were 20% at fault, your recovery would be reduced by 20%. The other driver's insurance company will often try to place as much blame as possible on the motorcyclist to reduce what they pay.
How long do you have to file a motorcycle accident claim in Stanton?
Most California personal injury claims, including those from a motorcycle accident in Stanton, must be filed within two years from the date of injury, as stated in California Code of Civil Procedure § 335.1. However, if your claim involves a city, county, or any other public agency, you have a much shorter deadline.
A written claim against a public entity must be presented within six months of the accident, according to California Government Code § 911.2. Missing this six-month deadline can permanently bar your ability to recover. The deadline is generally paused while an injured person is a minor (California Code of Civil Procedure § 352), but that pause does not apply to claims against public entities. Confirm the specific deadlines for your unique situation with an attorney.
Where do you file a motorcycle accident claim that happened in Stanton?
A personal injury claim arising from a motorcycle accident in Stanton is generally filed in the Superior Court of California, County of Orange. Stanton is in Orange County, not Los Angeles County. This means your case would proceed through the Orange County court system.
The primary location for filing such claims is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. The filing process and rules differ from those in Los Angeles County. Casa Legal Los Angeles regularly handles cases across Southern California, including those in Orange County.
What kinds of damages can you recover after a motorcycle accident?
California law allows recovery for several types of damages after a motorcycle accident. This includes economic damages, which are tangible financial losses. Examples of economic damages include past and future medical expenses, lost wages from time missed at work, and diminished earning capacity if your injuries prevent you from returning to your previous job.
You can also seek non-economic damages for the less tangible impacts of your injuries. This covers physical pain, mental suffering, emotional distress, disfigurement, and loss of enjoyment of life. While many factors influence a claim's worth, California law aims to compensate injured individuals for both their financial and personal losses. Our experience extends to all types of personal injury cases, including severe incidents like those resulting in a traumatic brain injury.
What should you do after a motorcycle accident in Stanton?
- Ensure Safety and Seek Medical Attention: Move yourself and your motorcycle to a safe location if possible. Even if you feel fine, call 911 or get checked by paramedics. Internal injuries, especially after a motorcycle crash, might not be immediately obvious.
- Report the Accident to Law Enforcement: Call the police to the scene so they can create an official accident report. This report documents key details, like vehicle positions and witness statements, which can be crucial later.
- Gather Information: If you can, collect contact and insurance information from all involved drivers. Take photos of the accident scene, damage to all vehicles, skid marks, road conditions, and your injuries. Also, get contact information from any witnesses.
- Avoid Discussing Fault or Giving Statements: Do not admit fault or discuss the specifics of the accident with anyone other other than law enforcement or medical professionals. Do not give recorded statements to insurance adjusters without first speaking to an attorney.
- Contact a Motorcycle Accident Attorney: An attorney can help protect your rights, deal with insurance companies, and ensure you meet all deadlines. This is especially important for complex cases or if you're dealing with a public entity claim. You can also review our resources on other practice areas, like our page on personal injury law.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have a dedicated legal team handling every aspect of your motorcycle accident claim. We start with a free, no-obligation consultation to understand your accident and your injuries. We then investigate the crash, gather evidence, and identify all responsible parties.
Our firm handles all communication with insurance companies, medical providers, and other attorneys, allowing you to focus on your recovery. We pursue the full compensation available under California law for your medical bills, lost income, and pain and suffering. Whether your accident occurred in Stanton or a neighboring city like Maywood or Pomona, our firm stands ready to assist.
Frequently Asked Questions
What is pure comparative negligence?
Pure comparative negligence is a legal doctrine in California where an injured person can recover damages even if they were partly at fault for the accident. The amount they recover is simply reduced by their percentage of fault. For instance, if you are found 30% responsible for a motorcycle accident in Stanton, you can still recover 70% of your total damages.
How does a claim against a public entity differ?
A claim against a public entity, such as the City of Stanton or Orange County, has a much shorter initial deadline. You must present a formal written claim to the government agency within six months of the incident, as per California Government Code § 911.2. This is different from the two-year deadline for claims against private individuals or companies, and missing it can prevent any future lawsuit.
Can I still get compensation if I was not wearing a helmet?
Not wearing a helmet can impact your motorcycle accident claim, particularly regarding head injuries. While California Vehicle Code § 27803 mandates helmet use, a jury could assign you some percentage of fault for head injuries if you were unhelmeted. This could reduce the compensation you receive for those specific injuries under California's comparative negligence rules, but it does not automatically bar you from recovering for other injuries or damages.
What if the at-fault driver was uninsured or underinsured?
If the driver who caused your motorcycle accident in Stanton was uninsured or did not have enough insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may provide compensation. It is always wise to carry robust UM/UIM coverage on your own policy to protect yourself in these situations. Contact an attorney to review your options if the at-fault driver has insufficient coverage.
If you've been hurt in a motorcycle accident in Stanton, you need a team that understands California law and how to fight for your rights. Call Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.