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Motorcycle accidents can be frightening to everyone involved. The consequences of an accident can be far-reaching and widespread to everyone in your life. Fender benders can add stress to your family, bringing concern about your physical well-being. At the same time, you may be unable to provide for your family due to ongoing medical concerns. It may also be unclear how long it will take you to physically recover and if there will any type of permanent damage.
During an uncertain time, you can alleviate some of that stress by meeting with a Chula Vista motorcycle accident lawyer who can provide you with insight on the best way to proceed with your case. Contact a Chula Vista accident attorney for help pursuing necessary damages.
California Laws Governing Motorcycle Accidents
One of the most important laws regarding motorcycles is that all motorcyclists are required to wear a helmet. Furthermore, the helmet must be approved by the Department of Transportation.
Anyone under the age of 21 that wants to get a motorcycle license must take the Motorcyclist Training Course. While it is not mandatory for drivers over the age of 21, it is recommended.
The general rule is that motorcyclists are expected to conform to the same rules of the road as other drivers, including cars and truck drivers.
Statute of Limitations
Under California law, you have two years from the date of an accident to pursue a lawsuit. After the two-year period is up, you release the opportunity to receive compensation for your injuries, making it essential to speak to a Chula Vista motorcycle accident lawyer as soon as you can.
It’s free to speak with us and learn the value of your case today.
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Negligence Laws in Chula Vista
When deciding if a driver is at fault, the court needs to determine if they were negligent. To prove negligence, an attorney must demonstrate that the other driver:
- Owed a duty of care
- Broke that duty of care
- Caused the accident
- You suffered damages because of the driver’s negligent act
The general duty of care is to act as a reasonable person under similar circumstances. This duty is broken when a person fails to act as such. For example, if a motorcyclist is weaving in and out of lanes, they are failing to act as another reasonable driver would in that situation.
Causation has two factors, actual cause and proximate cause. With actual cause, you must prove you would have never been in the accident if it were not for the other driver’s negligent act.
Proximate cause means that it was foreseeable that this conduct would create a risk for the person that was harmed. For example, a biker weaving in and out of lanes can foresee they may harm another driver or motorcyclist on the road. Proximate cause also means that there was no other unforeseeable incident that happened between the accident and the driver’s negligent conduct that removes their liability.
Lastly, damages can be measured in terms of physical injuries, emotional distress or property damage. In a motorcycle accident, it may be the injuries sustained, as well as any damage to your motorcycle.
How a Chula Vista Motorcycle Accident Attorney Can Help
A Chula Vista motorcycle accident lawyer can help you by reviewing evidence and building a strong case. Whether you want to go to court or settle with the person or their insurance company, a capable and dedicated motorbike accident attorney can give you the best possible outcome.
Chula Vista Motorcycle Accident FAQs
Is lane splitting legal in Chula Vista, and how does it affect my motorcycle accident claim?
Yes. Lane splitting is legal in California, including Chula Vista, under California Vehicle Code § 21658.1. However, if you were lane splitting unsafely at the time of your accident, insurers may argue it contributed to the crash, potentially reducing your compensation under California’s pure comparative fault rule.
Does not wearing a DOT-approved helmet affect my motorcycle accident settlement in Chula Vista?
Yes. California requires all motorcyclists to wear a DOT-approved helmet. If you were not wearing one during your Chula Vista accident, insurers may argue it worsened your injuries. Under California’s pure comparative fault rule, this could reduce your settlement by your assigned percentage of fault.
Can I recover compensation for road rash injuries from a motorcycle accident in Chula Vista?
Yes. Road rash injuries from a Chula Vista motorcycle accident are fully compensable. Depending on severity, compensation can cover emergency treatment, skin grafting, scarring, disfigurement, ongoing wound care, and pain and suffering. Severe road rash can result in permanent scarring, significantly increasing the overall value of your claim.
Who is at fault if a car turned left in front of my motorcycle at a Chula Vista intersection and caused an accident?
In most cases, the car driver is at fault. California law requires drivers to yield to oncoming traffic before turning left. If a driver turned left in front of your motorcycle at a Chula Vista intersection without yielding, they are typically considered negligent and liable for your injuries.
