Pursuing Maximum Results for California Injury Victims
Frequently Asked Questions
How much does an Irvine motorcycle accident lawyer cost?
Make sure you work with an attorney who offers a “no-win-no-fee guarantee.” JSM Injury Firm works on a contingency-fee basis, meaning you pay nothing upfront and nothing at all unless we win compensation for you. Our fee is a percentage of your recovery, agreed in writing before we begin. There are no hourly charges and no out-of-pocket costs while your case is active.
How long do I have to file a motorcycle accident claim in California?
You generally have two years from the crash date under Cal. Code Civ. Proc. §335.1. But when a government entity is responsible, such as in a road defect case, you have just six months to file a government tort claim under Government Code §911.2. Contact an attorney, as missing any filing deadlines could sink your case regardless of its strength.
What if I wasn’t wearing a helmet — can I still recover compensation?
Yes. California requires helmets under CVC §27803, but the absence of a helmet typically doesn’t bar your compensation claim. While not wearing a helmet may reduce your recovery for head injuries under comparative fault rules, you can claim your other losses.
Is lane splitting legal in California, and how does it affect my case?
Lane splitting is legal under CVC §21658.1. If you were lane splitting when the crash happened, an insurer will probably say that you were to blame for the crash. We can counter that argument. What matters is whether the lane split actually caused the collision, not whether you were lane splitting at the time, which is perfectly legal in Irvine.
What if the at-fault driver was uninsured or underinsured?
If you’re hit by an uninsured/underinsured driver or a driver flees the scene, your own uninsured and underinsured motorist coverage can be your main source of compensation. You could also pursue the driver directly through a lawsuit, but if they have no assets, this can be a waste of time. We can assess your case and help you identify your best next steps for getting what you deserve.
Can I file a claim if a road defect on an Irvine street caused the crash?
Yes. In general, road defects and poorly maintained signals on Irvine city streets can create liability for the city. But you’ll have to act quickly. You must file a claim within six months against a government entity to have a chance at recovering compensation. The deadline is strict and is rarely extended.
How much is my Irvine motorcycle accident case worth?
The worth of your case depends on the severity of your injuries, your medical costs, your lost income, and the insurance coverage of the at-fault party. Motorcycle crashes frequently produce serious injuries that warrant significant compensation. Call JSM for a free assessment of your specific situation.
What if the insurance company says I was partly at fault?
California follows pure comparative fault under Civil Code §1431.2. Even if you were 40% at fault, you can still recover 60% of your damages. But consider getting an attorney on your side in complex liability cases, as insurers often try to assign more fault to reduce payouts. A percentage or two could cost you thousands, so make sure to protect yourself. An attorney can challenge an insurer with evidence and facts.
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