Recovering from a motorcycle accident can be a long, arduous, and stressful journey. The situation worsens when you also have to deal with mounting medical bills, lost wages, and calls from insurance adjusters while trying to recover from your injuries. An experienced motorcycle accident lawyer in Phoenix on your side can be the difference between getting a lowball or no settlement and full compensation for your injuries and losses.
As an attorney and medical referral service, 1-800-Injured can connect injured motorcyclists with personal injury lawyers for the legal representation they need.
What Causes Motorcycle Crashes in Arizona?
Motorcycle collisions are usually the result of negligence or careless and reckless actions by a motorist. The auto driver may fail to stop at a red light or drive too fast for existing weather conditions. These are a few common causes of catastrophic injuries:
- Drunk driving: Driving in an impaired condition reduces the ability to make quick and reasonable decisions
- Speeding: Driving over the speed limit is a leading cause of motorbike accidents
- Distracted driving: Motorists can cause accidents if they are texting, web-browsing, eating, or engaging in other distractions while driving
- Failure to yield: Failing to yield while making a left turn is a common cause of motorcycle collisions
- Changing lanes: Drivers don’t always notice motorcycle riders while merging or changing lanes
Types of Motorcycle Accident Injuries
These are some common injuries in motorcycle crashes:
- Head injury or concussion
- Traumatic brain injury
- Broken bones
- Loss of limbs
- Spinal cord injuries
- Disfigurement
- Paralysis
- Internal organ injury
- Burns
- Road rash
Many motorcycle accident victims sustain life-threatening injuries, including severe disfigurement, spinal cord injuries, traumatic brain injuries, and other internal injuries. The safest decision you can make as a motorcycle rider is to wear protective head, body, and eye gear. It is not easy to avoid getting injured in a motorcycle accident caused by another driver.
Motorcycle Accident Statistics
In the US, every third motorcycle accident is due to the fault of a motorist. As per reports, most motorcycle accidents involve passenger motor vehicles. Less than 25% of motorcycle accident cases involve single-vehicle accidents. Since 2020, motorcycle fatalities have increased by 23% in the United States.
Detailed records are maintained by the Arizona Department of Transportation (ADOT) regarding motor vehicle accidents in the state. In 2021, ADOT recorded 2,594 motorcycle crashes, with 79% resulting in serious injuries. Overall, 121,345 accidents occurred across the state involving other motor vehicles. However, only 29% resulted in severe injuries or property damage.
How Much Is My Phoenix, AZ Motorcycle Accident Claim Worth?
There is no average settlement in a personal injury lawsuit. However, a seasoned Phoenix motorcycle accident attorney will try and maximize your compensation. Specific factors need to be considered to determine a claim’s accurate worth. This includes the extent of medical bills, lost wages, pain and suffering, and other unique details regarding the accident.
You should speak with an experienced Phoenix motorcycle accident attorney to get an informed estimation. Never speak with an insurance company before consulting a knowledgeable Phoenix motorcycle accident lawyer.
How to Prove Liability of the At-Fault Party for My Motorbike Crash and Injuries in Phoenix, AZ?
Proving fault in a motorcycle accident case can be complex because of the many factors involved. Your Phoenix motorcycle accident lawyer must gather substantial evidence to prove the other party’s fault. This is why you should not delay contacting motorcycle accident attorneys for legal assistance.
Your attorney will help you find the evidence required to identify and prove the responsibility of the at-fault party for your injuries and damages. Established motorcycle accident lawyers in Phoenix will try and collect the following evidence during their investigation:
- Police report
- Photographs of the accident scene
- Footage from traffic cameras
- Witness statements
- Medical records
- Recording from dash cameras
- Accident reconstruction report
Statute of Limitations in Motorcycle Accident Injury and Wrongful Death Claims in Phoenix
In Arizona, injury claims for motorcycle accidents must be filed within two years from the accident date as per the A.R.S. § 12-542. Suppose you fail to file a personal injury claim or a wrongful death lawsuit within this timeframe. In that case, you may be unable to seek compensation for your personal injury and property damage.
Arizona law has a different statute of limitations for suing a public or government employee. If your motorcycle accident claim is against a government entity, you have 180 days from the accident date to file a claim under A.R.S § 12-821.01. You may be denied your right to fair compensation if you fail to abide by this deadline.
Why Motorcyclists are More Vulnerable to Catastrophic Injuries than Car Occupants
Motorcycle riders don’t have airbags, seatbelts, or a metal frame protecting them. This is one of the primary reasons why motorcycle crashes result in catastrophic and severe injuries. A motorcyclist can suffer brain trauma and deep penetration wounds even when wearing a helmet and protective gear.
According to experienced Phoenix motorcycle accident lawyers, motorbike crashes usually occur when drivers fail to spot motorcycles in time. Most motorists don’t check their blind spots or expect a motorcycle to share the street with them. This is another reason why vehicle collisions result in serious injuries to motorcycle accident victims.
Is There a Bias against Phoenix Motorcyclists?
Motorcyclists have a bias against them that often impacts the outcome of their claim. Some people believe that motorcyclists are reckless, drive too fast, don’t wear helmets, and change lanes carelessly. In reality, most motorcycle riders get into accidents because of the fault of others.
This is why you should work with aggressive motorcycle accident lawyers who know the tricks insurance companies employ for devaluing or denying claims. Insurance providers are known to automatically assign fault to the rider for a motorcycle crash. The best motorcycle accident lawyers will know how to counter these attempts.
You should work with a diligent Phoenix motorcycle accident attorney prepared to go to court and fight on your behalf for full compensation. Your personal injury lawyer should keep the pressure on the insurance company to get the offer you deserve.
If you are in a motorcycle accident, do not speak with an insurance adjuster before consulting your Phoenix motorcycle accident attorney. You might say something that the insurance company can use against you. You can improve the likelihood of getting the compensation you deserve by allowing your attorney to handle all communications.
Ensure you give your version of the events to the reporting police officer. If you were not speeding and were wearing a helmet at the time of the accident, it can work in your favor during settlement negotiations. You should also take pictures and videos of the accident scene. Seek medical attention even if you don’t notice any visible injuries.
While there is a bias against motorcycle riders, you can mitigate preconceived notions and obtain the compensation you deserve by working with a skilled Phoenix motorcycle accident lawyer to help you navigate the claims process.
Why You Should Hire an Experienced Phoenix Motorcycle Accident Attorney
If you do not hire an experienced accident attorney skilled in motorcycle accidents, you may be putting your future at risk. Some accident lawyers in Phoenix may try to make you believe that all personal injury claims are the same. The truth is that Phoenix motorcycle accidents are different.
You need an attorney with substantial experience and success in filing motorcycle accident lawsuits. Motorcycle accidents have distinct facets that need to be thoroughly understood by the legal representative. The motorcycle accident claim laws differ from those in a premises liability.
If your accident occurred due to a faulty motorbike or your injuries were made worse by a poorly designed helmet, you would need to file a product liability lawsuit. Experienced Phoenix motorcycle accident attorneys know these subtle nuances and will take the necessary steps. Knowing legal statutes and relevant case precedents can make or break your motorcycle accident lawsuit.
Phoenix motorcycle accident lawyers with experience handling motorcycle accident claims will also have experts and specialists on their team. Their testimonials will help strengthen your claim. They would also know the tactics insurance adjusters employ to devalue a claim.
Types of Damages You Can Recover in a Phoenix Motorcycle Accident Injury Lawsuit
If you are successful in filing your personal injury or wrongful death lawsuit within the statute of limitations, you may be able to obtain compensation for your damages. Depending on the challenges experienced and the expenses incurred, a motorcycle accident victim may be able to get compensation for the following:
- Current and future medical expenses
- Physical therapy and rehab expenses
- Lost wages
- Reduced earning capacity
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
Helmet Laws in Phoenix
As per the Arizona Department of Transportation, 32 fatal motorcycle accidents occurred in 2016. Out of these, 17 accidents involved another vehicle, while two were caused by another motorcycle rider. Under ARS 28-964, all riders under the age of 18 are required to wear a helmet. The law also requires motorcyclists to wear a transparent face shield or goggles when riding a motorcycle.
Motorcycles should also be equipped with rear-view mirrors, secure seats (for both the rider and passenger), and footrests. In recent years, lawmakers have proposed making helmets mandatory for bikers of all age groups. In 2019, HB 2246 was introduced in Arizona, requiring all riders to wear helmets. Riders that don’t want to wear a helmet can seek exemption by paying a fee.
Can I Recover Compensation for My Injury Even If I Was Not Wearing A Helmet?
To obtain compensation for your injuries sustained in a motorcycle accident, you need to prove that the accident occurred because of someone else’s fault under Arizona law. Arizona is a comparative fault state. While you can seek compensation even if you were not wearing a helmet, the overall amount will be reduced in proportion to the extent of your fault.
If you were not wearing a helmet during the accident, the insurance company and their attorneys may claim that your injuries may not have been so severe if you were wearing a helmet. You may receive a smaller compensation if the court finds out you did not take reasonable precautions to avoid the accident and resulting injuries.
The injuries suffered play a primary role in determining comparative negligence and the compensation awarded. If your injuries are mostly to the torso and limbs, you may be able to seek maximum compensation even if you were not wearing a helmet. However, the compensation may not cover the full extent of your medical bills and pain and suffering if you experience a traumatic brain injury.
The court may look at your failure to wear a helmet as careless negligence. Consider scheduling a free consultation with established motorcycle accident law firms to improve the likelihood of obtaining the compensation you deserve.
Who is Liable if a Defective Helmet Causes a Traumatic Brain Injury?
In motorcycle accidents, anyone responsible for the accident and resulting injuries can be held responsible for the damages. So, if a driver caused the crash, they could be liable for the injuries. You can also recover compensation from the helmet manufacturer if their defective product fails to protect you from injuries.
If a motorcycle helmet is defective because of manufacturing or design issues, it may become more susceptible to cracks. This can be a big problem for any motorcyclist wearing the helmet during an accident. In fact, a cracked helmet can worsen the injury by creating penetrating risks.
If there is a defect in the design or manufacture of a helmet, victims can sustain a broad range of injuries, including brain damage, skull fracture, facial injury, and death. Product manufacturers are also responsible for providing adequate instructions and warning to prevent a defect.
You can hold a range of individuals liable for damages if your injury occurred because of product liability issues. This includes all parties within the chain of distribution, such as the manufacturer of components, product manufacturer, assemblers, wholesalers, and retail stores.
However, product liability lawsuits are complex. You should speak with a proven motorcycle accidents attorney to get the legal assistance you need to protect your right to fair compensation.
Who Can Claim Damages in Motorcycle Accident Wrongful Death Cases
If a motorcycle accident results in fatal injuries, the personal representative of the deceased’s estate can file a wrongful death claim. The responsible driver or party should carry liability insurance. The following survivors of the deceased can file a claim in Arizona civil court:
- Spouse
- Child
- Parent or guardian
- The personal representative of any of the above
These are a few people that are not allowed to file a wrongful death claim in Arizona:
- Siblings
- Cousins
- Grandparents
- Common law spouse
- Same-sex partner
You should not delay seeking legal services from an experienced wrongful death attorney since the judge and jury considers financial and emotional losses to arrive at a “fair and just” award. These losses usually include:
- Loss of care, guidance, and companionship
- Loss of financial support
- Loss of love and affection
- Funeral, medical, and burial expenses
- Pain and suffering of survivors because of the death
Why Choose Our Motorcycle Crash Attorneys in Phoenix?
When dealing with an unexpected injury because of someone else’s fault, you may find the legal processes overwhelming. If you or someone in your family gets injured, the situation may feel challenging. An attorney suggested by 1-800-Injured may prove to be helpful in recovering the damages you need.
Motorcycle crash attorneys listed with us are typically client-focused in their approach to handling lawsuits. The attorney you choose will do everything in their power to provide aggressive advocacy. Your attorney will help you right the wrong you are experiencing. A well-resourced, knowledgeable, and informed attorney can be useful in building a strong case.
You need an attorney who has access to expert engineers, biomechanists, private investigators, engineers, accident reconstructionists, and other industry professionals.
Frequently Asked Questions
Should I hire a motorcycle accident lawyer if I have insurance?
Insurance companies try to do everything possible to reduce the compensation awarded to injured clients. You should only speak with the insurance adjuster if you have spoken to a professional motorcycle accident attorney first. If you try and negotiate with the insurance company on your own, you may not receive the compensation you deserve. Instead, you should seek a free case evaluation from a seasoned motorcycle injury attorney.
Can I seek compensation if I receive a speeding ticket?
It takes a seasoned personal injury attorney to get accident victims the compensation they deserve. You should work with an experienced motorcycle accident attorney committed to providing maximum compensation and solid legal representation. Working with a knowledgeable attorney, you may be able to reduce the impact of receiving a speeding ticket or other traffic violations on your settlement amount.
Should I hire a motorcycle accident lawyer even if I sustained minor injuries?
Regardless of the severity of your injuries, you should speak with a motorcycle attorney. Many victims choose to call attorneys from the accident scene to understand the course of action to follow. Motorcycle accidents routinely cause internal injuries that may go undetected for a long time. You should get immediate medical attention and consult with a dedicated personal injury attorney.
What steps should I take following a motorcycle crash?
The first thing you need to do after a Phoenix motorcycle accident is to get out of the danger zone. Do not talk to anyone at the accident scene except the responding police officer. Just saying sorry can be used against you later as an admittance of fault.
Make sure you take as many pictures as possible. You should also get the contact information of witnesses present at the accident scene. Don’t refuse medical treatment even if you don’t feel pain or have any visible injuries. You could have internal damage. Unless you have legal representation, do not sign any documents or accept a settlement from the driver’s insurer.
How long does a motorcycle accident claim take to get resolved?
Motorcycle accident claims can take several weeks to years. You should never rush through a settlement. If you accept a settlement offer, you will not be able to seek further compensation. This is even if new symptoms related to the accident occur.
Discuss Your Legal Strategy with Experienced Phoenix Motorcycle Accident Attorneys
Motorcycle accidents have serious consequences, including paralysis, long-term injury, and death. You need legal services that can help you obtain the maximum possible compensation. Call 1-800-Injured or use our online contact form to reach us. We are a lawyer and medical referral service. Our representatives can connect you with professional motorcycle accident lawyers.
Disclaimer: 1-800-Injured is an attorney and medical referral service