Menifee Personal Injury
What is the Statute of Limitations?
The statute of limitations in the state for auto accidents is two years for personal injuries associated with an auto accident. It defines a three-year limitation for any property damage produced during the accident. Victims who do not file their claims prior to the end of these limitations forfeits all rights to compensation.
How is Pure Comparative Negligence Defined?
The state of California is classified as a fault state. This implies that the driver who is at fault can become the defendant in a lawsuit. Fault states do not require the victim to suffer serious injuries or obtain additional tort-based coverage to possess the right to file a lawsuit.
On the other hand, this classification also provides the state with the right to assess the victim’s role in the accident. Under the pure comparative negligence ruling, the state retains the right to reduce a monetary award based on the victim’s responsibilities.
The court assesses the events leading up to the accident. If the victim committed a traffic violation, they share the blame for the accident. The state assigns a percentage based on the severity of the infraction. The monetary award is reduced by the assigned percentage. However, if the percentage is greater than 50 percent, the victim doesn’t receive any monetary award if they win.
Criminal Infractions Associated with Auto Accidents
Traffic violations that lead to an auto accident include speeding, reckless driving, and failure to yield or stop. A more severe violation that leads to an auto accident is driving under the influence of drugs or alcohol. The drivers receive a citation for more common offenses; however, a DUI requires an immediate arrest.
Any driver with a blood-alcohol content reading of at least 0.08 percent is guilty of this infraction. Drunk drivers who cause auto accidents incur additional charges.
Wrongful Death Connected to a DUI
The state reserves the right to increase the driver’s charges if a fatality occurs due to a DUI. The most common offenses are manslaughter or vehicular homicide. The driver’s blood-alcohol content reading defines the charge assigned.
Any reading that is at least 0.16 percent implies aggravated DUI. A homicide charge is associated with this reading most often.
Products Liabilities Associated with Auto Accidents
A product liability exists in an auto accident if mechanical parts caused the accident. Investigations for accidents involving commercial vehicles uncover these circumstances often. Faulty auto parts such as brakes are a predominant cause of these accidents.
On the other hand, the techniques for the installations are also assessed in these cases. If the mechanic didn’t follow the manufacturer’s instructions properly, they are at fault.
Premises Liabilities in Auto Accidents
Conditions such as damaged parking lots and roadways lead to auto accidents as well. If the driver doesn’t see these conditions, they are more likely to lose control of their vehicle. While most incur property damage only, a need for repairs presents the right circumstances to cause a collision. The owner of the establishment could be held accountable due to the existing hazards around their property.
Motorcycle & Bicycle Accidents
Motorcyclists and bicycle riders are more likely to suffer a serious injury in an accident than any other person on the highway. Most motor vehicle accidents involving a motorcycle or bike are caused by the negligence of another driver, and the effects are usually devastating for the rider and his or her family.
Menifee Motorcycle/Bicycle Accident Lawyers see it all. Riders and/or their families come into the offices to seek help in finding proper compensation for their injuries and even wrongful death. At El Dabe Ritter Trial Lawyers, we know that injuries sustained in an accident of this sort are not easily forgotten or fixed, which is why we work so hard to ensure you have the proper tools to exercise your legal rights.
What Am I Entitled to Following A Motorcycle/Bicycle Accident?
At El Dabe Ritter Trial Lawyers, our job is to prove that someone else is to blame for your accident. In most instances, these accidents are caused by drivers not paying attention to the road. We work to prove that the person driving the other vehicle was not obeying the law as it is posted, including:
- Driving under the influence of drugs or alcohol;
- Not obeying posted speed limit signs;
- Failing to yield when required;
- Not stopping for lights or stop signs;
- Not checking for traffic;
- Swerving in front of traffic;
- Texting and driving.
These aren’t the only occurrences that cause accidents, but they are some of the most common. Other drivers are responsible for their behavior on the road, and when they fail to drive responsibly, it puts the lives of everyone else on the road in danger. Bike and motorcycle riders are at a greater risk for injury as they are not always as easy to see and they’re not as protected as someone in a vehicle.
Most Common Motorcycle & Bicycle Accident Injuries
Bike and motorcycle accidents are some of the deadliest on the road. Bike accidents are some of the worst, and they are more likely to result in death than any other accident on the road.
There is no limit to the severity of injuries a person might sustain on a bike or motorcycle, but there are many quite common injuries associated with these accidents, including:
- Brain injuries
- Head injuries
- Back injuries
- Neck injuries
- Spinal cord injuries
- Broken/fractured bones
- Loss of limbs
- Loss of vision
- Road rash
The most important thing the victim of a motorcycle or bicycle accident can do is head to the hospital right away for medical attention. Even if you walk away from the accident with few injuries, seeing a doctor is imperative. Many injuries are invisible and do not manifest themselves right away. A doctor needs to check you out to be sure there is no internal bleeding or other damage that needs to be treated right away.
How Can the El Dabe Ritter Trial Lawyers Help You?
After an accident involving an injury, the law firm helps victims file a lawsuit to collect compensation. The monetary award for auto accidents reflects the medical requirements for the victim, the cost of property repairs, and lost wages.
The victim’s injuries define the value of the award in terms of loss. A permanent or long-time disability has the greatest impact on the victim. They include but are not limited to:
- Loss of limb or function,
- Traumatic brain injuries.
If a fatality occurs, the law firm proceeds with a wrongful death claim. These claims are based on circumstances that could have been avoided. For example, a DUI is a choice made by the at-fault driver. The driver’s choice to get behind the wheel resulted in the death of the victim. Therefore, a wrongful death was produced.
In California, victims of auto accidents retain the right to file a legal claim against the responsible party. However, it is vital to review all angles and identify the defendant clearly. Victims who need legal representation contact the El Dabe Ritter Trial Lawyers today.
Contact us at 888-540-0325
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