What are the Time Limits for Filing a Motorcycle Accident Lawsuit in California?

In California, the time limit for filing a motorcycle accident lawsuit is two years from the accident date. Understanding the time limits for filing a motorcycle accident lawsuit in California is crucial for individuals seeking compensation for their injuries.

Failure to meet the deadline will mean you lose your right to compensation. However, exceptions and special considerations must be taken into account. Our motorcycle accident lawyers in Los Angeles explain these time limits below.

Understanding California’s Statute of Limitations

California’s statute of limitations for filing a motorcycle accident lawsuit is two years from the date of the accident. While this timeframe may seem sufficient, it’s crucial not to wait until the last minute to file a claim. 

Failing to meet this deadline can result in losing your right to compensation, making it essential to seek legal representation as soon as possible. Key benefits of seeking legal representation early include:

• Ensuring timely filing of your claim to meet California’s statute of limitations
  
• Allowing your legal team to gather evidence and build a strong case while memories are still fresh
  
• Providing you with the time to negotiate a settlement to avoid the risks of going to trial.

Special Considerations for Minors Involved in Motorcycle Accidents

The statute of limitations for minors is different from that of adults, and as a guardian, you have specific legal responsibilities to ensure the minor’s rights are protected. Here’s what you should know.

Minors’ Statute of Limitations

The statute of limitations works differently for minors involved in motorcycle accidents than for adult victims. Minors are not allowed to file lawsuits. Therefore, the clock starts ticking on their 18th birthday, giving them until their 20th birthday to file a lawsuit.

It’s essential to understand that parental consent is required to file a lawsuit on behalf of a minor. Additionally, the two-year statute of limitations may still apply to a minor if the minor’s parent or guardian is also a victim in the same accident.

When minors are involved in a motorcycle accident, it’s crucial to consult with an experienced motorcycle accident attorney. They can help them get the care and compensation they need.

Guardians’ Legal Responsibilities

As a guardian of a minor involved in a motorcycle accident, it’s essential to understand your legal responsibilities. You’ll need to make critical decisions regarding your child’s medical treatment, therapy, and rehabilitation. 

Your legal guardianship duties or parenting duties encompass a range of responsibilities, including:

• Ensuring your child receives proper medical care and therapy to aid in their recovery
  
• Managing communication with insurance companies, attorneys, and other parties involved in the legal process
  
• Making informed decisions about settlements, lawsuits, and other legal actions on behalf of your child

While you have to make many of these decisions, some of them can be turned over to your legal representative. That way, you can let a professional handle things like insurance negotiations to protect your child’s interests.

Other Exceptions to the Time Limits for Mototcycle Accident Lawsuits in California

Here are two other exceptions that may come into play with your motorcycle accident deadlines.

Government Claims Act

If you’ve been injured in a motorcycle accident involving a government entity, it’s essential to understand the specific filing requirements of the Government Claims Act. Unlike typical personal injury cases, which often have a two-year statute of limitations, the Government Claims Act has a much shorter timeline. 

The Government Claims Act requires that you file a government claim, which is a precursor to filing a lawsuit, within six months of the accident. This claim must be submitted to the relevant government entity, which then has 45 days to respond. If your claim is rejected, you have six months from the date of rejection to file a lawsuit.

Tolling Due to Disability

California law recognizes that individuals with physical or mental disabilities may be unable to file a lawsuit within the standard two-year time limit. This is where tolling provisions come into play, extending the statute of limitations for disability claims. 

The tolling provisions apply to individuals with mental or physical disabilities that prevent them from understanding their legal rights. The disability must be severe enough to prevent the individual from taking legal action, and the tolling provisions can be applied retroactively, even if the statute of limitations has already expired. 

Individuals who may have missed the initial filing deadline due to disability can still pursue their claim. To achieve the best possible outcome, it is essential to work with an experienced attorney who understands the complexities of tolling provisions and disability claims.

What Happens if You Miss the Deadline

Missing the deadline to file a motorcycle accident lawsuit in California can have severe consequences. You’ll be left with a missed opportunity to hold the responsible party accountable and recover the financial losses you’ve incurred. You may be forced to absorb the costs of your medical bills, lost wages, and other expenses out of pocket.

If you fail to file a lawsuit within this timeframe, you will be barred from pursuing legal action. This means that even if you have a strong case and evidence to support your claim, you will not be able to seek justice or compensation.

Speak with a Lawyer About Your Time Limit for Filing a Motorcycle Accident Lawsuit

The statute of limitations is the central time limit for filing a motorcycle accident lawsuit in California. Missing the deadline can have severe consequences. However, this deadline may change based on your circumstances. 

We recommend seeking legal guidance as soon as possible after your accident to protect your rights and avoid the worry of missing a legal deadline. To discuss your case, contact J&Y Law for a free consultation.