3 pointers for filing a motorcycle accident claim in Orange County
Despite all the warnings and road safety instructions, traffic accidents often happen on the busy roads of Orange County. Distracted driving, drunk driving, speeding, and vehicle failure are some of the common reasons for on-road mishaps. As a motorcyclist, you are more likely to suffer injuries in such incidents. California is a fault state for vehicle accidents, and therefore, if the car driver was negligent, you could recover a settlement. No matter what led to the situation, you may want to consult a motorcycle accident lawyer in orange county for your injuries. In this post, we have three pointers that you must know.
Deadline for motorcycle accident lawsuits
The statute of limitations is a special law that sets the deadline for different lawsuits. If you want to file a motorcycle accident lawsuit in California, you must act within two years. Note that the time cap is for civil lawsuits. The usual step is to first file an insurance claim with the other party’s insurer. Ideally, you should have enough time to contemplate a lawsuit, which could be necessary when there is no agreement on the settlement figure or when the insurance company’s offer doesn’t cover your damages.
California’s laws allow you to file a claim even with a higher fault
In some states, you cannot file a motorcycle accident claim if you are primarily responsible for the mishap. That isn’t the case in California. This is a “pure” comparative fault state, which means you can take action even when your fault share is 99%. Your settlement will be adjusted according to the percentage of fault. These calculations can be quite complex, which is also a reason to seek legal help for your case.
Your lawyer will work on a contingency fee
If you don’t have the money to pay an attorney, fret not, as most injury lawyers take motorcycle accident claims on a contingency arrangement. When you win a settlement, the lawyer gets a fixed share or percentage of the amount, which could be as high as 40%. If the matter is expected to go to court, you will have to pay on the higher side. You can always meet an attorney to know whether the case is worth the fight. The first evaluation meeting is also free of cost, and most law firms will respond immediately when you seek a consultation session.
Call a lawyer immediately after the motorcycle accident to get a quick review.