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What is the Deadline for Filing a Motorcycle Accident Claim in California?
The term “statute of limitations” for a legal claim means the amount of time somebody has from the date that the injury occurred to file their claim. In the state of California, the statute of limitations for most motorcycle accident claims is two years - but this isn’t true for all cases. There are situations, depending on the defendant, where this time limit may vary. The Law Office of Ball & Yorke has helped hundreds of claimants successfully navigate motorcycle accident claims. Here is some advice from an experienced motorcycle accident attorney about the time frame in which you must file in order for your motorcycle accident claim to proceed.
When The Clock Begins To Tick
Practically speaking, the statute of limitations starts the day that the accident occurs. However, there are certain exceptions to this practice. The clock doesn’t officially start until one of the following situations take place:
- Injuries from the crash manifest or are noticed by the claimant: While many injuries are immediately obvious, certain cerebral and soft tissue injuries can take longer to manifest themselves.
- In cases of wrongful death: The clock starts ticking on the date on which the victim perishes from injuries sustained in the crash. Such tragic situations can happen immediately at the scene of the crash, but sometimes victims take days, weeks, or even months to pass away due to their injuries.
The Statute Of Limitations Is Impacted By The Status Of The Defendant
How the motorcycle accident occurred also impacts the statute of limitations. If your lawsuit is filed against another private party (s), then the statute of limitations remains two years. This time limit holds true for victims of crashes caused by defective products or vehicle parts. However, if your accident was caused by the driver of a public vehicle like a train or bus, or as the result of unsafe road conditions on public roadways under the jurisdiction of governmental entities, things switch up. If governmental entities are involved, then your statute of limitations is shortened substantially - rather than two years, you may be forced to file an administrative claim in as little as six months to a year. The governmental entity is required to review and investigate your case within 45 days of filing your claim.
- If they don’t deny your claim, then you have two years from the date that the accident occurred to file.
- If your request for compensation is denied, you have six months to file a lawsuit.
Exceptions To The Statute Of Limitations
Other than the instances noted above, there are exceptions that may extend your window to file. Some - but not all - exceptions include:
- The victim was physically incapacitated for some time after the accident happened.
- If the victim was a minor, then the clock doesn't’ start running until they turn 18.
- If the victim was mentally incapacitated for some time after the accident.
Contact Us Today
Navigating the statute of limitations - among other aspects - of California motorcycle accident law is a tricky business. An experienced motorcycle accident attorney will help guide you through each step and optimize your chances of building a successful case. Call The Law Office of Ball & Yorke in Ventura for a consultation today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.