Motorcycle Accidents Archives - The Beliz Law Firm

How Long Do I Have to File a Motorcycle Accident Claim in California?

Sep 9, 2022 | By Michael Beliz | Read Time: 3 minutes

When you suffer injuries in a motorcycle accident, you might have the legal right to pursue compensation. When someone else’s actions caused your injuries, California law allows you to pursue a personal injury claim against them. However, there are legal deadlines you must adhere to. Otherwise, the court might dismiss your case entirely. Understandably, we receive numerous questions regarding these types of claims, including questions like, How long do I have to file a motorcycle accident claim in California? In most scenarios, you have two years from the accident date to file a lawsuit in the proper court. This deadline is known as the statute of limitations. However, that two-year deadline is not set in stone. Some situations could increase your allotted filing time or decrease it to less than two years. These complexities are one of the many reasons you should consider hiring a California motorcycle accident lawyer to represent you. Do not count on California’s motorcycle accident statute of limitations to always be two years without first speaking with a qualified attorney. What Happens When You Miss the Statute of Limitations? Judges are not very forgiving when you miss legal deadlines, especially the statute of limitations. In most situations, the judge assigned to your case will dismiss it entirely when the defendants show you missed the filing deadline. Unfortunately, whether the other driver’s insurance company previously made a settlement offer does not matter. If you were in the middle of negotiations when the deadline passed, the defendant’s insurance company is under no legal obligation to continue settlement talks without proof of filing. You would need to have accepted their offer and signed the release of all claims to move forward after the filing deadline has passed. You can’t go back and suddenly say you want to accept an earlier offer because the statute of limitations has now expired. Examples of Exceptions to the California Statute of Limitations for Motorcycle Accidents Understanding what some of the exceptions to the two-year rule are can help show why it’s crucial to hire a California motorcycle accident lawyer. There’s no guarantee that any of the exceptions apply to you. Don’t wait to speak with a knowledgeable and experienced lawyer, or you might inadvertently jeopardize your entire case. Delayed Discovery Rule The delayed discovery rule essentially gives you additional time beyond the normal statute of limitations because an injury was not discovered until long after the accident. In motorcycle accident claims, this is not as likely to happen. Delayed discovery of injuries is more applicable to medical malpractice claims and product liability lawsuits for toxic chemical exposure. Wrongful Death When a victim dies from their motorcycle accident-related injuries, certain surviving family members have the right to file a wrongful death lawsuit. The statute of limitations becomes two years from the date of death rather than two years from the date of the accident. Wrongful death claims also involve damages that are different from damages that would be available in a personal injury lawsuit for motorcycle accident injuries. Defendant Leaves the State or Is Incarcerated Sometimes a defendant temporarily leaves the state and doesn’t return for several years. That means you cannot file a lawsuit and serve them in California. Your deadline to file might be extended to account for the defendant’s absence from California’s jurisdiction. In other scenarios, the defendant might be incarcerated for their role in the accident or due to another unrelated criminal act. The law considers this when calculating the motorcycle accident statute of limitations. Victim Is a Minor or Lacks Mental Capacity If the plaintiff is under 18 or lacks the mental capacity to make legal decisions, the court will extend the deadline. Someone who suffers severe brain damage in an accident might not have the mental capacity to sue for several years while they recover. The Other Party Is a Government Entity If the defendant was driving a vehicle owned by a city or county agency, legal deadlines change dramatically. You could have as little as six months to file a claim against that government agency. That’s why you shouldn’t wait to contact an attorney. Six months can fly by as you undergo treatment and work on your recovery. Hiring a California Motorcycle Accident Lawyer You need a legal advocate to protect your rights when you’ve been injured in a motorcycle accident. If you have questions about “how long do I have to file a motorcycle accident claim” in California, contact Beliz Law Firm. We have nearly two decades of experience assisting injured victims in motorcycle accident claims. Our legal team understands what’s at stake and the importance of not missing legal deadlines. You should be concentrating on your recovery and not worried about how much time you have to file a claim. Don’t risk your potential settlement by trying to handle a motorcycle accident injury claim by yourself. Contact Beliz Law Firm to schedule an initial consultation to learn how we can help you.

Motorcycle Accidents

How Do I Prove Negligence in a Motorcycle Accident

Sep 2, 2022 | By Michael Beliz | Read Time: 4 minutes

Pursuing compensation in a California motorcycle accident can be complicated. Before the defendant’s insurance company offers you any money, you must show the other driver was responsible for your injuries. To prove negligence in a motorcycle accident, you need a skilled legal advocate on your side. Failure to meet all the required elements of negligence means you will not have a successful claim. Contact the California motorcycle accident lawyers at Beliz Law Firm today to learn more about your legal options. How Negligence Is Established in a Motorcycle Accident There are four main elements of negligence. Building a solid case can help prove the other driver was at fault. In California, you don’t have to prove the other driver was 100% at fault for the accident. You only have to prove they were at least partially responsible. That’s because California is a pure comparative negligence state. That means you can be partially at fault for the accident and still collect some of your damages. However, your percentage of liability reduces your overall compensation. That means if you’re 20% at fault, your maximum compensation will be 80% of your damages. To better understand the personal injury claims process, read on to learn more about the elements necessary for proving negligence in a motorcycle accident. Duty of Care The first element of negligence is the duty of care. The defendant must have owed you some type of legal duty when the accident occurred. With motorcycle accidents, establishing duty is relatively simple. All motorists have a duty to follow traffic regulations and laws and avoid harming other motorists. Breach of Duty The defendant must have breached their duty of care. Did the defendant run a red light, speed, or engage in distracted driving? Were they drinking and driving or driving recklessly? Any action that violates the rules of the road can be a breach of duty. You might think this is all relatively straightforward. However, the defendant’s insurance company may push back against your claim and argue your actions led to the collision. Comparative negligence means your insurance could be paying out money too. That’s why building a strong case is crucial to getting the compensation you deserve. Causation The third element of negligence is causation. You must show the defendant’s breach of duty is what led to your injuries. Someone can clearly break the law or breach a duty, but you must be able to show how that conduct resulted in the accident and your injuries. Proving causation is key to recovering compensation. If you cannot prove causation, you might not receive reimbursement for your injuries. Photos of property damage and injuries are one of the ways to prove causation. Another is through medical records and treatment. Damages The fourth element is damages. There are two basic types of damages you can receive in a motorcycle accident. Ones you can prove with a receipt like property damage estimates, medical bills, and loss of earnings. The second type of damage is not through a receipts like pain and suffering and loss of consortium, Tips to Prove Negligence in a Motorcycle Accident Compiling evidence and proving negligence in a motorcycle accident should start immediately after the accident. Your actions following the crash can significantly impact your claim. Be very cautious with what you say at the accident scene. Do not say “sorry” or “I didn’t see you” or anything else that can be construed as you taking responsibility for the crash. Depending on the severity of your injuries, take photos of the scene if possible. Get pictures of your motorcycle damage, the other driver’s damage, skid marks, and the surrounding scene. These photos can prove valuable as the liability investigation proceeds. If there is a witness at the scene, get their contact information. Sometimes a witness leaves before the police arrive because they cannot wait that long. You don’t want to miss out on a witness statement that proves your version of the events. Keep copies of all your records, receipts, and bills. You need evidence of your damages for the claim. Consider taking notes or keeping an accident journal to document your symptoms and how your injury is impacting you. This record-keeping will also help you if your case takes a year or two to resolve because it shows a progression of how the accident impacted your life. If you have to give a deposition a year later, you can review your notes to ensure you don’t forget important details. Don’t delay seeing a doctor even if you think your injuries are minor. What you may consider minor may actually be a serious injury. The doctor will make notes documenting your injuries and can spot injuries that you would not have noticed. If the doctor gives you a treatment plan, you should follow it. Doctor’s notes, medical records, and bills can provide evidence of your injuries and your damages. Contact Our California Motorcycle Accident Attorneys One of the best things you can do after an accident is to contact our California motorcycle accident lawyers at Beliz Law Firm. The other driver’s insurance will likely encourage you to resolve your claim independently and without hiring a lawyer. However, they are not looking out for your best interests. The sooner you hire an attorney, the sooner we can start protecting your rights. At Beliz Law Firm, we know how to prove negligence in a motorcycle accident and can help you build a strong case. We have almost two decades of experience assisting injured motorcycle accident victims. We know the stigma motorcycle riders face, and we’re here to help you pursue the maximum compensation possible. Contact us today to schedule a free case review.

Bike Accidents

Do You Need a Helmet in California?

Jul 26, 2018 | By Michael Beliz | Read Time: 2 minutes

If you ride a motorcycle in California, it’s important to familiarize yourself with the applicable California helmet law and obey all of the rules that apply to you. You also have the right to stand up for yourself in the event you are following applicable rules and you are in an accident that was not your fault. California Helmet Laws California motorcycle helmet law is covered under Vehicle Code Section 27803. California is one of a handful of states that requires all motorcycle riders to wear a helmet. All drivers and passengers must wear a helmet that meets federal safety standards, regardless of age. This law applies to riders on highways as well as rural roads. The helmet law in California does not apply to anyone on a fully enclosed three-wheeled motor vehicle that is over seven feet long and four feet wide. According to the Insurance Institute for Highway Safety Highway Loss Data Institute (IIHS), helmets are 37 percent effective in preventing death and 67 percent effective in preventing brain injuries. Purchasing a Helmet that Meets Federal Standards When purchasing a helmet, you must get one that meets federal standards, and it should fit snugly on your head. One helpful tip is to look for a DOT, Department of Transportation, sticker, which is a sign that the helmet manufacturer followed federal safety standards. Having someone help fit you in a helmet is good because they can ensure the helmet doesn’t move excessively and is properly fastened with the straps. Approved helmets meet minimum requirements such as: Inner liner at least one inch thick and made of polystyrene foam Nothing protruding more than two-tenths of an inch from the helmet shell Sturdy chin straps that are attached to the helmet shell with solid rivets Approved helmets typically weigh around three pounds or more. Penalties for Not Wearing a Helmet Both motorcyclists and their passengers can be subject to fines and other penalties if they fail to wear a DOT approved helmet in California. Law enforcement officers are entitled to charge an offender with an equipment violation or something greater. Equipment violations carry a minimal fine per the California Vehicle Code, but the California Highway Patrol states any violation of the helmet law is not just an equipment violation as it is an immediate safety hazard. If a California Highway Patrol (CHP) stops you, it could be a $250 fine and a year of probation, versus the $10 equipment violation. The courts tend to side with the CHP position, so it’s best you always wear your helmet as it will likely save you money in addition to potentially saving your life in the case of an accident. If you sustained a head injury in a motorcycle accident while not wearing a helmet, there may be comparative negligence of your actions. This means you may be somewhat at fault for your injuries. Retaining a California Motorcycle Attorney If you’ve been injured in a motorcycle accident, a California motorcycle attorney can assist in answering any questions and addressing your concerns. Depending on the facts surrounding the accident, you may be entitled to compensation for injuries and property damage. Call the Beliz Law Firm at 562-452-3772 to schedule a consultation.

Motorcycle Accidents

California Motorcycle Laws Every Rider Should Know

Oct 3, 2017 | By Michael Beliz | Read Time: 2 minutes

You finally decided to buy that Harley-Davidson you’ve had your eye on for months. Now that you can enjoy the open roads in the California sun, you need to follow the rules so you can stay safe. Every state is different when it comes to motorcycle riding laws, however, so don’t assume you know what is and what is not legal in California. Read on to become more acquainted with laws in the state before you head out on your bike. Wear a Helmet Not all states have helmet laws, but California does. When riding on California roads, you must wear a helmet at all times. And not just any helmet—it must be one approved by the Department of Transportation (DOT). The helmet of your choice should have a DOT sticker on it, meaning that it meets the minimum safety requirements. Use Your Turn Signals California law requires that motorcycles have working front and rear turn signals. The state excepts bikes first built and registered before 1973, though. Follow Handlebar Height Limits Your handlebars cannot be more than six inches above your shoulders. Follow Laws for Passengers There are no age restrictions for passengers, so even the youngest or smallest child can ride with you. However, the motorcycle must have a seat that is securely fastened behind the driver. In addition, there must be footrests placed at the appropriate height. This is so the passenger can place his or her feet safely on them while the motorcycle is in motion. Special seats with built-in footrests may be required to accommodate small children. Ride at the Appropriate Age California law requires that you be at least 16 years old before obtaining a motorcycle license. Other motorists must complete a driver’s training course, but motorcyclists must also complete a motorcycle training course. Don’t Tamper With Your Exhaust Many motorcyclists want to make their exhaust louder, so they invest in aftermarket systems. However, you can get a ticket for having a non-compliant exhaust. In 2010, the Motorcycle Anti-Tampering Act came into effect and this applies to bikes purchased after January 1, 2013. Share the Lane Safely California is the only state that allows lane sharing. Lane sharing means that you can drive between cars in adjacent lanes. However, you must do so in a safe manner. This means traveling at a speed no higher than 35 mph. Motorists may find this law a bit insane but they must abide by it and not attempt to open their car doors or try to impede the motorcycle in any way. Injured in a Motorcycle Accident? We Can Help! Even if you follow the laws, motorcycle accidents can still happen. If you’re a victim, make sure you take the proper steps so you can get damages. Recovering compensation can help you pay for medical bills, lost wages, and other damages. The Long Beach motorcycle accident lawyers at The Beliz Law Firm can assess your case and help you file a claim against the liable party. Contact us and schedule a consultation by calling (562) 452-3772.

Motorcycle Accidents

Motorcycle Accident Insurance Settlements – What You Can Expect After Filing a Claim

Aug 11, 2017 | By Michael Beliz | Read Time: 3 minutes

After a motorcycle accident in California, you need to file a claim for damages. You do this with the at-fault party’s insurance company. Notify your insurance company and the insurance company of the at-fault party of the crash. This will begin the claims process. Don’t assume that because the other driver caused the accident injured you that your claim will settle quickly. In many instances, it will take months if not a year or two before your case resolves. Here’s what you can expect after filing a claim: 1. The At-Fault Insurance Company Will Contact You After you file your initial claim, the at-fault person’s insurance company will contact you. They are seeking more detailed information about the facts of the accident. They want to know the facts of the crash, your injuries, and your treatment. Many times, the other person’s insurance company may ask you to give a recorded statement. Before giving any information you should NEVER do without speaking to an attorney first. 2. Investigation to Assess Liability and Damages The next step in the process is to gather all information to assess liability and damages. Liability is who is at fault for the accident. This is the time to get the traffic collision report and read the officer’s opinion on the crash. In addition, gather photos of the scene and vehicles are important to determine fault. Finally, investigators and experts may write an analysis on the facts of the crash. Both property damage to your motorcycle and bodily injuries need to be addressed during this step. Your motorcycle may need extensive repair. Or, if it is badly damaged it may the company may total it and you pay off. For your injuries, you may need to visit a doctor for diagnosis and treatment. 3. You’ll Make a Demand Depending upon the extent of the injuries you have suffered, it is a smart idea to work with an experienced California motorcycle accident attorney. They can assist you in constructing and sending a demand package. A demand package consists of a letter or brief, and exhibits. The letter or brief is a detailed writing to the insurance company. It addresses negligence and the extent of injuries you have suffered. It also requests an amount of money to compensate you for your losses. Exhibits included are your medical records, bills, loss of earnings verification, photos, and police report. 4. Negotiations Begin After you make your demand, it is possible that the insurance adjuster will contact you with a settlement offer that meets your demand. Usually, this is the case where your injuries and demand is greater than the at-fault insurance company policy limits. More likely than not, however, they will offer an amount less than what you requested. In response to the settlement offer, you will reject the offer and make a counter offer. This can go back and forth until parties agree on a fair settlement. 5. Settlement Is Not Reached – Going to Court In the event that a settlement is out of reach, you have the option to file a lawsuit and take the case to court. Filing a lawsuit will help flesh out the facts and damages of the case. However, it will increase your involvement, costs and time before you may receive your compensation. Do not take the filing of a lawsuit lightly. It may be the right decision for the at-fault insurance company to take your case seriously. Contact Us Today for Assistance During the Motorcycle Claims Process If another driver causes motorcycle accident in Long Beach while you’re riding, our law firm wants to help. We will navigate the claims process and recover your maximum settlement amount. For a free consultation where you can learn more about the settlement process and what to expect, contact our Long Beach motorcycle accident law firm online today. You can also call our offices at (562) 452-3772.

Motorcycle Accidents

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