Time Limits for Motorcycle Accident Claims in California
Motorcycle crashes in California can lead to life-altering injuries. Even when someone else caused your accident, and your physical losses are severe, your chance to file a lawsuit doesn’t last forever. There are deadlines on Roseville motorcycle accident lawsuits, and if you fail to act within the required time, you will probably lose your ability to get compensation. This is true even if it’s clear that someone else was responsible for the accident. Understanding these time limits is important for anyone considering filing a lawsuit after a motorcycle accident.
General Personal Injury Deadline in California
If you’re injured in a motorcycle accident in California, you generally have two years from the date of the crash to file a personal injury lawsuit against the responsible party.
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
For the damage your motorcycle and other property sustained, you will have 3 years from the date of the crash.
Within three years:
(b) An action for trespass upon or injury to real property.
If you miss these deadlines, the court will generally dismiss your case.
Exceptions to The Deadline
California has several exceptions to these standard deadlines that can either shorten or extend the time you have to file a lawsuit. Understanding these time limits is critical so you can recover the compensation you are entitled to when someone else injures you.
Claim Against the Government
Accidents involving government vehicles or dangerous road conditions owed by a city, county, or state agency have a much shorter deadline than regular claims. In these situations, you have 6 months to file an administrative claim with that agency.
If the agency denies your claim or doesn’t respond, then you will be allowed to file a lawsuit. This lawsuit must be filed within 6 months of the denial. Because the deadline is so short for these claims, you need to speak with a lawyer right away if you suspect that a government entity is at all responsible for your accident.
Minors
If the person hurt in the motorcycle crash is under 18 when the accident happens, California law will usually pause, or “toll,” the time limit. The countdown starts when they turn 18 instead of at the time of the accident. From the date of their 18th birthday, injured minors then get the standard deadline: 2 years for personal injury lawsuits and 3 years for property damage claims.
Mentally Incapacitated Individuals
For victims who were mentally incapacitated at the time of the accident, the deadline does not begin to run until they regain mental capacity. When that happens, they will have the standard deadline of two years for personal injury lawsuits.
Delayed Discovery of an Injury
Sometimes, people do not realize right away how badly they are hurt. If you couldn’t have known about your injury right away, the clock doesn’t begin to run until you find out or reasonably should have found out about your injuries.
For example, after the accident, you don’t have a lot of pain but you go to the doctor anyway and they tell you everything is fine. You start experiencing chronic back pain 18 months later and go back to the doctor and find out you have a severe spinal injury. If the doctor and possibly other experts determine that the injury is from the car accident, the discovery rule could apply and extend your statute of limitations.
At first glance, the deadline to a motorcycle accident claim seems simple, but these exceptions make lawsuits confusing. You always want to make sure you speak with a lawyer as soon as possible to ensure you don’t miss your opportunity to file a lawsuit and recover compensation from the responsible party. If you have any questions or want to get started, call us today to schedule a free consultation with a Roseville accident attorney.