Los Angeles Statute of Limitations for Motorcycle Accident Cases

In California, most motorcycle accident victims have two years from the date of their crash to file a personal injury lawsuit. The Los Angeles statute of limitations for motorcycle accident cases is governed by California Code of Civil Procedure Section 335.1, and missing that window typically means losing your right to pursue compensation entirely.

A skilled motorcycle accident attorney at CD Law can confirm your specific deadline, identify any exceptions that apply, and take steps to protect your claim right away.

How Long Do You Have to File After a Motorcycle Crash in California?

The two-year clock under CCP Section 335.1 starts on the date of the accident in most cases. A motorcycle accident attorney can help you verify your deadline and flag any factors that may affect it.

What Happens If You Miss the Deadline?

If you file a motorcycle accident case after the statute of limitations expires in Los Angeles, the court will almost certainly dismiss your case. You lose the right to seek compensation, regardless of how strong your claim may be. That is why acting early matters.

The Discovery Rule

In some cases, the two-year period does not start on the accident date. If you did not immediately know the extent of your injury, the clock may start from the date you discovered or reasonably should have discovered it. This comes up most often in cases involving traumatic brain injuries or internal injuries that were not immediately apparent. Medical records, treatment timelines, and physician notes are key to establishing when discovery occurred and supporting a delayed start to your deadline.

Exceptions That Extend or Shorten Your Filing Window

Several circumstances can pause or shorten your standard deadline.

Injured Minors

If the injured person was under 18 at the time of the crash, CCP Section 352(a) pauses the deadline to file a motorcycle accident claim in Los Angeles until their 18th birthday.

Claims Against a Government Entity

When a government-owned vehicle or poorly maintained road contributed to your crash, you must file an administrative claim within six months. Missing this shorter deadline bars you from filing a lawsuit later. Government entities subject to this rule include city and county transportation agencies and state highway departments. Because this window is much shorter than the standard two years, identifying any public involvement in your crash as early as possible is important.

Physical or Mental Incapacity

If an injury leaves you unable to take legal action, the deadline may be paused until you regain that capacity. Medical documentation is typically required.

Wrongful Death Claims

If a motorcycle crash victim later dies from their injuries, surviving family members may file a wrongful death claim under CCP Section 377.60. The two-year window in these cases runs from the date of death, not the date of the crash.

How Delayed Action Affects Your Motorcycle Accident Evidence

Evidence disappears fast after a crash. Surveillance footage gets overwritten. Witnesses become unreachable. Skid marks and debris are cleared within hours. Electronic data from traffic systems can be lost just as quickly. A Los Angeles motorcycle crash attorney who gets involved early  before the statute of limitations deadline can gather proof before it is gone, retain reconstruction professionals, and obtain incident reports while they are still accessible. Insurance companies also move quickly after crashes, often presenting lowball offers before you fully understand your injuries. Having legal support early protects your position.

Talk to a Los Angeles Motorcycle Accident Attorney About Case Timelines

The Los Angeles statute of limitations for motorcycle accident cases gives you less time than you may think, especially if a government entity is involved or evidence is at risk. At CD Law, we handle motorcycle accident cases on a contingency basis, meaning you owe nothing unless we recover compensation for you. Contact us to speak with a lawyer about your options today.