How Long Do I Have to File a Motorcycle Accident Lawsuit?

How long you have to file a motorcycle accident lawsuit depends on your state’s statute of limitations. This is the legal deadline by which you must sue the liable party. This timeline generally ranges from one to six years. However, based on your situation, certain factors can give you more or less time to take action.

Let’s use California and Idaho as examples:

• California’s motorcycle accident statute of limitations is two years. This applies to wrongful death lawsuits as well.
• Idaho’s motorcycle accident statute of limitations is also two years. This also applies to wrongful death lawsuits.

Sometimes, it’s difficult to pinpoint which time frame applies to your case. With that, it’s worth considering hiring a motorcycle accident attorney from our firm. They can review all details of your case, identify which statute of limitations you must follow, and file your lawsuit before time is up.

What Happens If You Don’t File Your Motorcycle Accident Lawsuit on Time?

It’s imperative for you to start building your motorcycle accident lawsuit right away. If you don’t bring it against the liable party before the statute of limitations expires, you risk your right to obtain compensation.

The odds are that the judge will deny the case. Their decision would compromise your leverage during settlement negotiations with the insurance company, no longer compelling them to reimburse you for your losses.

In that event, you’d be the one on the hook to cover your damages. This is part of the reason we urge you to call our law firm as soon as possible following a motorcycle accident. This way, we can make the most out of the time we have to build the case and file it before it’s too late.

What to Expect When Filing a Motorcycle Accident Lawsuit

The amount of time you have to file a motorcycle accident lawsuit depends, in large part, on the nature of your case. Most fall under the category of personal injury or wrongful death. Some states enforce different deadlines for each, while others give the same amount of time.

One main difference between the two is that the statutory clock could start ticking on separate days. For example, if you’re filing a personal injury lawsuit in California or Idaho, you’d have two years from the day of the injury to act. However, if you’re taking wrongful death action, the deadline would be however many years from the day the decedent passed away.

The day of injury and the day of death aren’t always the same. Let’s say the decedent was in a truck accident on December 1, 2024, and died from their injuries on January 31, 2025. In that case, you’d need to bring your motorcycle accident lawsuit for wrongful death by the second anniversary of their passing.

Potential Exceptions to the Statute of Limitations After a Motorcycle Accident

Sometimes, you may not have as much time to sue another party after a motorcycle accident. For instance, it’s not uncommon for claimants to only have several months to take action against a city government agency if its negligence led to a motorcycle accident.

Alternatively, you could have more time than the standard statute of limitations to hold the other party accountable, especially if you fall into one of the following scenarios:

• You were a minor or not legally competent at the time of the crash.
• You suffered incapacitating injuries.
• The responsible party fled the state.
• The responsible party hid information or lied about the accident.

It’s possible that you qualify for an extension, but don’t know about it. If you consult a personal injury lawyer from our firm, they can determine exactly how much time you have.

Types of Damages You Can Recover in a Motorcycle Accident Case

Motorcyclists are susceptible to various severe injuries in a crash. After all, their motorcycles give them virtually no protection. Common injuries in these types of accidents include the following:

• Soft tissue injuries
• Burns
• Lacerations
• Traumatic brain injuries
• Broken bones
• Road rash
• Spinal cord injuries
• Chest and abdominal trauma

These injuries can lead to economic and non-economic hardships. You shouldn’t have to figure out how to deal with them on your own, especially because someone else’s poor actions were the cause. In that case, you can file a motorcycle accident claim and/or lawsuit against the liable party to request compensation. Depending on your situation, you may qualify for these damages:

• Past and future medical costs
• Property damage
• Pain and suffering
• Loss of income
• Future loss of earning power
• Scarring and disfigurement
• Reduction in quality of life
• Mental anguish

According to the National Highway Traffic and Safety Administration (NHTSA), 6,218 motorcyclists lost their lives in crashes in 2022. We do all we can to help people who have lost loved ones in motorcycle wrecks. A wrongful death attorney from our firm can help you recover the costs of their burial, funeral, and final medical care, in addition to your loss of financial support, companionship, and support and services. Whatever the situation, we can help you recoup what you need.

How a Lawyer at Our Firm Can Help With Your Motorcycle Accident Lawsuit

Managing a motorcycle accident lawsuit is a lot when you’re trying to recuperate from your injuries. Fortunately, our lawyers are here to take that burden off your shoulders and fight for what you deserve.

First, we’ll discuss what happened in a free case review. If we decide to work together, we will alert the insurance company about your claim and construct a case plan. In the meantime, we’ll consistently check in with you about your medical treatment, ensuring you get the care you need regardless of whether or not you have insurance. Then, when it comes time for it, we will negotiate a settlement with the insurance company.

We often settle motorcycle accident cases out of court, but if the insurer refuses to do so, we can move to litigation. Our mission is to help people who have suffered injury or the loss of a loved one by providing access to the highest level of legal representation, medical treatment, and financial compensation.

Call Sargent Law Firm Injury Lawyers Today for Assistance

Allow our attorneys to help you determine how long you have to file a motorcycle accident lawsuit and adhere to that timeline. We recommend that you get started as soon as possible so we have the time we need to build your case.

We handle each case with the personalization and attention it deserves. Reach out to Sargent Law Firm Injury Lawyers today to begin. We have bilingual staff members.