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Suing after motorcycle accidents ??? what to do

California is known for its mild climate making it ideal for the use of a motorcycle, moped or scooter, especially to help save on traveling costs to and from work. Despite the benefits of this mode of traveling, one cannot get away from the fact that bikers are more exposed and a lot more vulnerable than people in larger, enclosed vehicles. Reality is that other drivers are often not as vigilant as they need to be. Sadly, motorcycle accidents often lead to serious injuries.

While motorcycle, scooter or moped liability insurance may offer some protection, the costs resulting from such an accident may be more than the available coverage. In situations where the expenses resulting from the accident are more than what the insurance cover, or if an insurance company declines to pay the full amount of a claim, a victim may consider filing a lawsuit against the other party. In doing so, it will be necessary to prove the defendant was negligent in a manner that caused or materially contributed to the accident and injuries that resulted. 

Should the evaluation point to fault on the side of the other party, even if the victim seems to carry some of the blame, it may still be beneficial to pursue a claim for compensation. In cases where there is contributory fault, the compensation awarded may be less than when fault lay solely with the party sued, but the possibility of compensation still exists. Importantly, one has to realize that there are time limits to filing claims that must be strictly observed. 

If one waits too long, the right to file a claim may be lost. Moped, scooter and motorcycle accidents are mostly caused by other drivers and therefore California victims of such accidents may benefit from a consultation with a personal injury lawyer for an evaluation of their individual cases. In order not to run afoul of the time constraints imposed by the statute of limitations, it is recommended that the consultation occur as soon after the accident as is possible. 

Source: FindLaw, "Scooter or Moped Accident: When to Sue for Injuries", Molly Zilli, April 02, 2018

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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