Accidents involving motorcycles often cause serious injuries and even death. While riding a motorcycle is a thrilling activity, especially in Rialto where the weather is typically warm and sunny, it can also be highly dangerous. Specifically, there are many motorcycle accidents reported in Rialto each year, which often have devastating consequences for a motorcyclist.
If you sustained injuries in a motorbiking accident, you should contact a Rialto motorcycle accident lawyer to help you fight for your legal rights and interests. Do not wait, as your time to file is limited. Schedule a consultation to speak with a knowledgeable attorney today.
California’s Statute of Limitations Laws Involving Motorcycle Accidents
While there are a few exceptions, if you file a claim for personal injury (such as in a motorcycle accident case), the victim has two years from the date of the injury to file a claim pursuant to California Code of Civil Procedure Section 335.1. Once this statutory period expires, known as the statute of limitations, a victim of a motorcycle accident cannot bring forth their claim in court. This is why it is critical for a motorcycle accident attorney in Rialto to file a victim’s case as soon as possible.
Determining Fault in Rialto Motorcycle Accident Cases
Before pursuing a Rialto motorcycle accident claim and seeking monetary damages, it is important to first understand the role of fault in a motorcycle crash case. California is an at-fault state, which means that an individual must prove the liability of another individual in order to recover compensation in a motorcycle accident.
Moreover, California is a pure comparative negligence state, which means that a motorcycle accident victim’s award for damages may decrease in proportion to their degree of fault. For example, a person who is found to be 40 percent at fault for causing a motorcycle accident may still be able to recover 60 percent of the damages. Accordingly, it is vital for a Rialto motorcycle accident attorney to prove the degree of fault of the defendant in order to obtain the maximum amount of compensation possible.
The Most Common Causes of Motorcycle Accidents in Rialto
The causes of many motorcycle accidents are associated with the errors of another driver, which can lead to serious injuries and even death. Such errors include the following:
- Driving while distracted
- Driving while fatigued
- Driving while impaired by alcohol or drugs
- Driving recklessly (g., road rage) or aggressively
- Illegal lane changes
- Failure to yield the right-of-way of the motorcyclist
The Damages in Rialto Motorcycle Accident Lawsuits
The damages that an injured motorcyclist can pursue in a Rialto motorcycle accident include any financial loss or injuries caused by the crash. Keep in mind that the types of damages are contingent upon whether a person died or sustained injuries due to the motorcycle accident.
There are several forms of damages that a motorcycle accident victim can seek in a Rialto motorcycle accident case, which include the following:
- Economic damages
- Non-economic damages
- Punitive damages
Also known as special damages, these types of damages compensate a plaintiff for quantifiable monetary losses due to medical expenses such as hospital costs, in-home care, medical equipment, medications, and medical supplies. They also compensate a motorcycle accident victim for lost income, loss of earning capacity, and the costs of motorcycle repairs.
Also referred to as general damages, these types of damages compensate an injured motorcyclist for loss of consortium, (also called “loss of affection” and “loss of companionship”), mental anguish, and pain and suffering.
Also known as exemplary damages, these types of damages are awarded in order to punish the defendant for their wrongful acts that led to the motorcyclist’s injuries. A Rialto motorcycle accident attorney must provide sufficient evidence to the court establishing that the defendant committed gross negligence or delinquency.
Contact a Skilled Rialto Motorcycle Accident Attorney
If you were injured in a Rialto motorcycle accident, you may be entitled to significant compensation. Contact a skilled Rialto motorcycle accident lawyer today to learn more about your legal options. Remember that is important to file your motorcycle accident claim as soon as possible in order to preserve your legal rights.