How Personal Injury Affects Motorcyclist in San Diego
San Diego offers attractive routes for motorcycle riders who prefer long weekend trips or simple Sunday morning rides. As with any other region, risks of motorbike accidents are present, particularly on roads that experience high motorist traffic. A bike accident can cause severe damage that extends beyond the physical. Motorcycle accident attorneys are useful when you need help claiming compensation after an accident. One reason to get a lawyer is that there are personal injury laws to adhere to when dealing with such a case.
Cases of personal injury all come with statutes of limitations, meaning that you have to file a case before it expires. In California, a victim with personal injury case must file it within two years that begin counting from the date of the injury. If the claim is against the county of California, a city or a state government agency, then the period is six months. It means that if you fail to file a case within that time limit, then you lose your right to file for compensation in the future. A lot of things could prevent you from meeting these deadlines, for example, if your injuries take a long while to heal, or you don’t have the resources to file the claim yourself. In such an instance, the expertise and experience of a motorcycle attorney in San Diego will prove worthy.
Proving Liability and Negligence
Establishing that someone else is at fault after a motorcycle accident demands following certain procedures that an attorney is well versed in. When proving negligence, the first requirement is to show that there is a duty of care owed. The second is proving that there was a breach of that duty. Third is to demonstrate that the violation of duty is the “actual and proximate” cause of injury, and finally, a plaintiff must indicate that there were damages. A lawyer who has handled several motorcycle accident cases will know to go about proving negligence and liability.
Another element to consider when dealing with a motorcycle injury case is shared liability. In some instances, the defendant may allege that the victim was at fault as well in the accident. If you share fault in an accident case, that will have a bearing on your claim for compensation. In California, the pure comparative negligence rule applies, whereby, the percentage of fault you hold is deducted from the original compensation.
Visit www.motorcycleaccidentlawyerssandiego.net to see how an experienced motorcycle accident can help you today.
Some regions have a serious injury threshold, but California divides cases of personal injury into three sections that are used to determine that aspect. These are intentional, negligence, and strict liability. A motorcycle injury attorney in San Diego understands all the procedures and laws that govern personal injury cases. By hiring a lawyer, you can reduce the chances of messing up your case and avoid the stress of negotiating with insurance companies.