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Understanding the Statute of Limitations for Accident Claims in California

Time Is Not on Your Side After an Accident After a car accident, your world can be turned upside down in an instant. Medical bills pile up. Work becomes impossible. Insurance companies start calling. In the middle of all this, there’s one silent threat that many victims overlook until it’s too late: the statute of limitations. In California, the law gives accident victims a specific timeframe to file a claim or lawsuit. Miss this window, and your right to compensation could disappear—regardless of how strong your case is or how serious your injuries are. At AK Injury Law Firm, we’ve seen too many deserving people lose their chance at justice simply because they didn’t understand the clock was ticking. That’s why we take a smart, strategic approach to every case—because timing isn’t just important in the law; it can define the entire outcome. Led by Dr. Azadeh Keshavarz, a former chiropractor turned personal injury attorney, our firm combines legal expertise with medical insight to build high-impact cases. We don’t just fight. We outthink, outfight, and outwin. What Is the Statute of Limitations? The statute of limitations is a legal time limit that sets how long you have to file a lawsuit after an accident or injury. It’s designed to ensure cases are brought while evidence is fresh and before memories fade. In the context of personal injury law, this deadline is one of the most critical aspects of your claim. No matter how obvious the other party’s negligence may be, if you file after the deadline, the court will almost always dismiss your case. California’s Statute of Limitations for Car Accident Injuries In California, the standard statute of limitations for a personal injury claim resulting from a car accident is: Two years from the date of the injury or accident. This applies whether you were: A driver A passenger A pedestrian A cyclist If you were hurt because of someone else’s negligence, the law gives you two years to act. Property Damage Claims Have a Different Deadline If your vehicle or other property was damaged in the accident but you were not injured, you still have legal rights—but the timeline is slightly different: Three years from the date of the accident to file a property damage claim. So if your car was totaled but you weren’t physically hurt, you may still have more time—but don’t wait. Delays can weaken your negotiating position, especially with insurance companies. Special Cases with Shorter Deadlines: Claims Against the Government If your accident involved a government entity—such as a city bus, a public school vehicle, or a dangerous road condition maintained by the city—the timeline changes drastically. You must: File an administrative claim with the appropriate government agency within six months of the accident. If the government denies your claim, you then have only six months from the date of rejection to file a lawsuit in civil court. This process is complicated and filled with red tape. Missing a single step or deadline can destroy your claim. That’s why it’s essential to involve a knowledgeable attorney as early as possible. What Happens If You Miss the Deadline? If you try to file a lawsuit after the statute of limitations has expired, the defendant (usually the at-fault driver or their insurance company) will immediately ask the court to dismiss your case—and the court will grant that request. It doesn’t matter: How clear the other driver’s fault is How severe your injuries are How much evidence you have Your claim will be barred, and you’ll lose the chance to receive any compensation. This is why we urge all accident victims to speak with an attorney early—even if you’re still recovering. Your legal team can preserve evidence, begin negotiations, and ensure every deadline is met. Tolling: When the Clock Pauses In rare circumstances, California law allows the statute of limitations to be “tolled,” or paused. These exceptions are narrow, but they do exist. Common examples include: The victim is a minor. If the injured person is under 18, the statute usually doesn’t begin until their 18th birthday. The defendant leaves the state. If the at-fault party cannot be served with a lawsuit because they’ve moved out of state, the time may be paused. The victim is mentally incapacitated. If the injured party was not legally competent after the accident due to injury or mental illness, the timeline may be extended. However, these situations are complex and often contested by the insurance companies. If you believe your case may fall under one of these exceptions, don’t try to navigate it alone—get legal help immediately. How Insurance Companies Use Time Against You One of the biggest tactics used by insurance companies is delay. They may: Stall negotiations Claim to be “waiting on paperwork” Make lowball offers to tempt you into settling quickly Why? Because they know the longer they drag things out, the more desperate you may become—and the closer you get to the expiration of your legal rights. Once your statute of limitations runs out, they know you can’t sue. That gives them all the leverage. At AK Injury Law Firm, we never let the clock control our cases—we control the clock. We use every minute strategically to build leverage, apply pressure, and maximize your recovery. Why Quick Action Matters—Even Within the Time Limit Just because you technically have two years doesn’t mean you should wait. Here’s why acting early is smart: Evidence fades. Skid marks disappear. Surveillance footage gets erased. Witnesses forget details. Medical documentation builds value. The sooner you start treatment, the stronger your case becomes. Strong cases settle faster. The more time you give your attorney, the better your outcome—whether in settlement or trial. Insurance companies don’t wait to start working against you. Don’t give them a head start. Dr. Azadeh Keshavarz: Strategic Legal Action from Day One At AK Injury Law Firm, we take pride in being strategic, proactive, and focused on winning smart. Our founder, Dr. Azadeh Keshavarz, spent years treating accident victims

San Diego Motorcycle Accidents: Why Riders Face an Unfair Bias

The Hidden Battle Riders Face Motorcycle riders already take on enough risks. From distracted drivers to poor road conditions, every ride demands heightened awareness and skill. But what most riders in San Diego don’t realize is that the greatest risk may not come from the road—it comes after the crash. If you’re involved in a motorcycle accident, you’ll likely be treated differently by the insurance companies, by law enforcement, and even by jurors. Not because of the facts, but because of bias. That bias can deeply impact the outcome of your personal injury case, even when you were clearly not at fault. At AK Injury Law Firm, we know the system doesn’t always treat motorcycle riders fairly. And that’s why we don’t just fight back—we outthink, outfight, and outwin. Founded by Dr. Azadeh Keshavarz, a former chiropractor who became an attorney after witnessing firsthand how injured individuals were mistreated, our firm brings a level of strategic precision that insurance companies can’t ignore. The Reality of Motorcycle Bias in California Let’s be clear: under California law, motorcyclists have the same rights and responsibilities as any other motorist. But when a crash occurs, the perception is often different. Common Biases Against Riders: Motorcyclists are reckless. They speed and weave through traffic. They take unnecessary risks. They assume the risk when they get on a bike. These assumptions are not only false—they’re dangerous. They create an environment where insurance companies, law enforcement, and even jurors are more likely to blame the rider, even when the other driver is clearly at fault. How This Bias Affects Your Case When bias enters the picture, it changes everything. Insurance adjusters might: Deny your claim outright. Lowball your settlement assuming you’ll accept less. Blame you even when their insured driver caused the accident. They may even manipulate the concept of comparative fault, which allows them to reduce your compensation based on your perceived contribution to the accident—even if there’s little or no evidence. The result? You walk away with less than you deserve, or worse, nothing at all. Why This Bias Exists (and Why It’s Wrong) The unfair treatment of motorcyclists stems from years of media portrayal, cultural stereotypes, and misunderstanding. Hollywood often glamorizes bikers as rebels, rule-breakers, or thrill-seekers. These images stick in people’s minds—even if the rider is a law-abiding commuter, a military veteran, or a weekend hobbyist. But studies show that in a majority of motorcycle-car collisions, it’s the driver of the car who is at fault—not the motorcyclist. Still, that doesn’t stop an insurance adjuster from saying, “Well, you were on a motorcycle, so you should’ve expected it.” That’s not law—that’s bias. And we don’t let it stand. Real Dangers Riders Face on San Diego Roads San Diego’s sunny weather and scenic routes attract motorcyclists from all over California. But it also creates crowded streets and fast-moving traffic that doesn’t always share the road responsibly. Motorcyclists face unique dangers, including: Blind spots — where drivers fail to see bikes when merging or changing lanes. Left-turn collisions — when a vehicle turns left in front of an oncoming motorcycle. Road hazards — such as potholes or debris, which affect motorcycles far more severely than cars. Distracted driving — drivers texting or talking on the phone who never see the rider coming. When these accidents happen, riders often suffer catastrophic injuries: broken bones, traumatic brain injuries, spinal cord damage, and more. Yet the burden of proof unfairly shifts onto the rider. How Insurance Companies Exploit This Bias Insurance companies are not in the business of fairness. They are in the business of minimizing losses. And when it comes to motorcycle cases, they know that bias is their best weapon. They may argue: You weren’t wearing visible clothing. You were speeding—based solely on the damage. You were “lane splitting,” even when it’s legal in California. You “assumed the risk” by choosing to ride a motorcycle. This is how they attempt to undermine your credibility and reduce your payout—even when their own client ran a red light or made an illegal turn. That’s why you need more than just a lawyer. You need someone who understands the medical side of injuries, the legal tricks of insurers, and the strategic approach needed to win. Dr. Azadeh Keshavarz: Medical Insight, Legal Precision Before founding AK Injury Law Firm, Dr. Azadeh Keshavarz spent years treating injured accident victims as a chiropractor. She saw how often the system failed them—insurance denials, pressure to settle, and being dismissed as exaggerators. That’s why she became an attorney. She uses her deep understanding of injury treatment, recovery timelines, and medical documentation to build strong, undeniable cases. Her approach isn’t just tough—it’s smart. She knows how to anticipate the defense’s next move and discredit biased assumptions before they ever reach the courtroom. With Dr. Keshavarz, you’re not just hiring an attorney—you’re hiring someone who has walked both sides of the injury world and knows how to beat insurance companies at their own game. What to Do If You’ve Been in a Motorcycle Accident If you’re a motorcyclist who’s been hit by a negligent driver, follow these key steps to protect your case: Call 911 and request medical help — even if you feel okay. Get a police report — it creates a legal record of the crash. Gather evidence — photos, driver information, and witness contacts. Avoid giving a recorded statement to any insurance company. Seek medical treatment and follow through — even for “minor” injuries. Contact a strategic personal injury law firm — the earlier, the better. Remember: the insurance company is already preparing to use your motorcycle against you. You need someone who knows how to turn that narrative on its head. Types of Compensation You May Be Entitled To Motorcycle accidents can lead to life-altering injuries. At AK Injury Law Firm, we pursue every category of compensation available, including: Medical expenses – ER visits, surgeries, long-term care, therapy Lost wages – and future earning capacity Pain and suffering Emotional trauma Loss

Steps to Take After Being Hit in a Crosswalk

Crosswalk Collisions Are More Common Than You Think Being hit while walking in a crosswalk is a terrifying experience. One moment you’re simply crossing the street, and the next, your life has been disrupted by a careless driver. In a state like California, where pedestrian rights are protected under the law, the injustice of being injured while doing everything right is not just frustrating—it’s infuriating. At AK Injury Law Firm, we understand that a crosswalk collision is more than just a case. It’s about your pain, your disruption, and your right to justice. Founded by Dr. Azadeh Keshavarz, a former chiropractor turned personal injury attorney, we don’t just fight—we outthink, outfight, and outwin. With strategic insight and legal precision, we hold insurance companies accountable. But before we take on your case, there are crucial steps you need to take after being hit in a crosswalk to protect your rights and maximize your claim. Step 1: Stay Calm and Call 911 After impact, the shock can cloud your judgment. But if you’re conscious and able to move: Call 911 immediately. Ask for both police and medical assistance. Do not leave the scene unless you’re taken for emergency care. A police report will serve as a key piece of evidence in your case. It documents the facts while they’re fresh, notes the driver’s identity and insurance, and may include witness statements. Even if you feel “okay,” injuries such as internal bleeding, concussions, or soft tissue trauma might not show symptoms right away. Step 2: Collect Key Evidence If you’re able—or someone you trust can do it for you—gather evidence on the scene: Photographs of your injuries, the vehicle, the crosswalk, street signs, and traffic signals. Driver’s information: Name, license, insurance. Witness contact information: Name, phone number, what they saw. Surrounding cameras: Note businesses or intersections that may have captured the incident. Even in crosswalk cases, insurance companies often try to blame the pedestrian. They may say you were jaywalking or not visible enough. Collecting clear visual and factual evidence can stop that argument before it starts. Step 3: Get Medical Attention Immediately After the initial emergency response, follow up with a full medical evaluation. Why? Some injuries like whiplash, concussions, herniated discs, and nerve damage may not show symptoms for days. Gaps in treatment can be used by insurance adjusters to downplay or deny your claim. Accurate, consistent medical documentation supports the full value of your case. As a former chiropractor, Dr. Azadeh Keshavarz deeply understands the long-term impacts of accident injuries—and how to connect those medical realities to legal strategy. Step 4: Do Not Talk to the Insurance Company Alone One of the biggest mistakes pedestrians make is answering a phone call from the driver’s insurance company and thinking they’re just “gathering information.” Here’s the truth:Their goal is to protect their bottom line—not your health, not your rights. They may: Ask misleading questions to trap you into admitting fault. Offer a quick settlement that undervalues your injuries. Try to use your words against you in court. Let your attorney handle all communication. At AK Injury Law Firm, we understand the subtle traps insurers set—and we dismantle them with precision. Step 5: Keep a Pain and Impact Journal From day one, begin documenting how your injuries affect your daily life: Pain levels (1–10) Activities you can’t do Missed work Emotional distress Sleep disturbances Relationship or caregiving changes This journal is invaluable in calculating non-economic damages like pain and suffering or emotional trauma. Step 6: Watch What You Post Online In the age of social media, it’s common for insurance companies to monitor your online activity. A seemingly harmless photo at a family event—or even a comment—can be twisted to claim you’re exaggerating your injuries. Avoid: Posting pictures after your accident Discussing the accident online Allowing new people to follow you on private accounts Your digital footprint can impact your case more than you think. Step 7: Understand California’s Pedestrian Laws In California: Pedestrians have the right of way in marked and unmarked crosswalks (CVC §21950). Drivers are required to yield and use due care to avoid collisions. A pedestrian has a duty of care, but stepping into the crosswalk lawfully gives them legal protection. Despite this, insurance companies often try to invoke comparative negligence, suggesting that the pedestrian was partially at fault. Even a 10% fault assignment can reduce your compensation by thousands. We anticipate these arguments and prepare to dismantle them before they’re even made. Step 8: File Your Claim Within the Deadline In California, you typically have two years to file a personal injury lawsuit. However: If a government vehicle or city entity is involved (like a public bus), you may have only six months to file a claim. Don’t wait. The earlier you act, the better your chances of building a powerful case. Step 9: Work With a Strategic Legal Team What makes AK Injury Law different? Most firms say they fight. We do too—but not blindly. Dr. Azadeh Keshavarz saw how insurance companies took advantage of accident victims when she was a chiropractor. Patients would get low-balled, denied care, or drowned in red tape. That’s why she became an attorney—to outthink the system that failed her patients. Today, she leads one of the most respected female-owned injury law firms in San Diego. Our entire legal approach is tactical, strategic, and precisely executed to beat the insurance company at their own game. Step 10: Know the Types of Damages You May Be Entitled To If you’ve been hit in a crosswalk, you may be eligible for: Medical expenses (past, present, future) Lost wages and loss of earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement Punitive damages (in cases of reckless behavior) Loss of enjoyment of life These aren’t just line items—they represent the real toll the accident has taken on your life. We fight to ensure every dollar is accounted for. How We Can Help At AK Injury Law Firm, we don’t just take pedestrian

What Cyclists Need to Know About California’s Bicycle Laws

The Rise of Bicycling in California California, and particularly San Diego, has seen a major increase in the number of people using bicycles for transportation, fitness, and leisure. With a growing number of bike lanes, green initiatives, and cycling communities, it’s more important than ever for cyclists to understand the laws that protect and regulate their rides. But here’s the twist—just like motorists, cyclists are subject to specific rules of the road. And when accidents happen, understanding these laws becomes crucial in establishing fault and protecting your rights. At AK Injury Law Firm, we know the stakes. We’ve seen firsthand how insurance companies try to deny or minimize claims. That’s why knowing the legal landscape isn’t just helpful—it’s a strategic advantage. California’s Legal Definition of a Bicycle Under California law, a bicycle is considered a vehicle. This means that cyclists have the same rights and responsibilities as drivers of motor vehicles. According to the California Vehicle Code (CVC), a bicycle is a device propelled by human power through pedals, having one or more wheels. Why does this matter? Because the moment you’re on the road, the same laws that apply to a car apply to you in many ways—particularly when it comes to obeying traffic signals, right-of-way, and yielding. Where Cyclists Can (and Cannot) Ride California Vehicle Code Section 21200 and 21202 dictate where a cyclist can legally ride: On the Roadway: Cyclists must ride as close as practicable to the right-hand curb or edge of the roadway unless: Overtaking another vehicle Preparing for a left turn Avoiding hazards Traveling at the same speed as traffic Bike Lanes: Where a bike lane is provided, cyclists must use it if they are moving slower than traffic, unless they are turning left or avoiding an obstruction. Sidewalks: Whether a cyclist can ride on the sidewalk depends on local municipal ordinances. In San Diego, it’s generally prohibited in business districts. Failing to follow these regulations can not only lead to citations but also affect the outcome of a personal injury claim. Helmet Laws in California California requires helmets for: Riders under 18 years of age Any person riding an electric bicycle (Class 3) or e-scooter Adults are not legally required to wear helmets on standard bicycles, but wearing one could significantly impact your injury claim in case of an accident. Insurance companies may argue “comparative negligence” if you weren’t wearing a helmet and suffered a head injury—even if the driver was at fault. Rules for Night Riding California law mandates that cyclists riding at night must be equipped with: A front white light visible from at least 300 feet A red rear reflector visible from 500 feet Reflectors on pedals or cyclist’s shoes Reflectors on the wheels or tires for visibility from the side Failure to comply with these rules can weaken your case in a bike accident—especially if visibility is a key factor in determining fault. Right-of-Way and Stop Sign Rules Cyclists must: Obey stop signs and traffic signals Yield to pedestrians in crosswalks Signal before turning or stopping (using hand signals) Violating these laws not only puts you at risk of injury but could also limit your ability to recover compensation after an accident. Common Scenarios Where Cyclists Are Injured Despite the legal protections in place, cyclists often find themselves the victims of serious injuries caused by negligent drivers. Common scenarios include: Dooring Accidents – When a driver opens their door without checking for cyclists. Right Hook Collisions – When a car turns right across a bike lane. Left Turn Crashes – When a vehicle turning left fails to yield to an oncoming cyclist. Rear-End Collisions – Often due to distracted driving or failure to notice the cyclist. In each of these cases, insurance companies may try to shift blame onto the cyclist. That’s where having a strategic and experienced attorney makes all the difference. Insurance and Liability: What Cyclists Need to Know Many cyclists don’t realize they can file a claim against a negligent driver’s auto insurance policy. If the driver is at fault, their bodily injury liability coverage is designed to compensate the injured party—including cyclists. But here’s the catch: insurance companies are trained to minimize payouts. They may argue: You weren’t visible enough. You weren’t in the bike lane. You should have reacted faster. This is where the expertise of a smart, strategic law firm like AK Injury Law becomes essential. We anticipate these tactics and prepare counterarguments from day one. Comparative Fault in Bicycle Accidents California follows the principle of comparative negligence, which means that if you’re partially at fault, your compensation can be reduced proportionally. For example: If you’re found 20% at fault and awarded $100,000, you receive $80,000. If you’re 50% at fault, you get $50,000. This is a tactic insurance companies love to exploit. At AK Injury Law, we work proactively to reduce or eliminate claims of comparative fault—by gathering surveillance, interviewing witnesses, and using expert accident reconstructionists when needed. What to Do After a Bicycle Accident If you’re involved in a crash: Call 911 and report the incident. Do not admit fault, even if you’re shaken. Collect evidence: photos of the scene, damages, vehicle plate, and driver’s info. Seek medical attention, even for minor injuries. Do not speak to the insurance company before talking to a lawyer. Dr. Azadeh Keshavarz, the founder of AK Injury Law, understands not only the legal aspect but also the physical toll an accident can take on your body. As a former chiropractor, she has deep insight into your injuries—and knows how to communicate the long-term impact to insurance companies and juries. E-Bikes and Scooters: Are They the Same? California has recently passed additional laws for electric bicycles and scooters, including: Mandatory helmet laws for certain classes Restrictions on sidewalk usage Speed limits on multi-use paths If you’re injured on an e-bike, your claim will likely follow the same process as a bicycle accident—but these new classifications can complicate your case. Make sure your attorney understands the

Dr. Azadeh Keshavarz, Esq

Founder/Managing Attorney
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