Arizona Motorcycle Accident Lawyer

Motorcycles are a popular form of transportation that give people a sense of thrill and freedom when riding. But, some will take advantage of its built-in speed, putting them at risk of a collision. In such an event, catastrophic outcomes are expected, like life-altering or fatal injuries. Unlike drivers who are traveling in enclosed vehicles, motorcyclists are prone to sustain severe bodily harm because of minimal protection.

When accidents occur due to negligence, victims are entitled to pursue motorcycle accident injury claims to seek compensation for losses incurred, like:

• Medical bills
• Lost wages
• Pain and suffering

At West Coast Trial Lawyers, our Arizona motorcycle accident lawyers are readily available to offer guidance and support. We have over 20 years of experience handling personal injury claims and more than $1.7 billion recovered in settlements on behalf of our clients. Our track record speaks for itself, but what truly matters is how we can help you.

Each motorcycle accident case is unique, meaning that we will take a personalized approach with your needs and priorities in mind to ensure we deliver satisfactory results. Our team will work diligently on every aspect of your lawsuit so you can focus on recovering with a peace of mind.

To schedule a FREE consultation, you can connect with our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.

Common Causes of Motorcycle Accidents

Motorcycle accidents happen due to various reasons. Let’s take a look at each one below.

Speeding

Motorcycles are known to operate at high speeds. Doing so can reduce reaction time and make an accident more likely. Under Arizona law, motorcyclists shall not travel at a speed greater than is reasonable and prudent under the conditions presented (ARS 28-701).

Under ARS 28-708, racing or speed contests are prohibited. If a motorcyclist participates in one, the following legal consequences will apply:

• A first offense will be a class 1 misdemeanor, meaning that you will face fines and other penalties.
• If you are caught racing again within a 2-year period, it will turn into a class 6 felony. You will undergo more serious repercussions, like a minimum of ten days in jail without possible probation or early release.

Road Hazards

Road hazards can greatly increase the risk of accidents due to the unique vulnerabilities of motorcycles. If riders encounter potholes, bumps, or cracks, it will make them more susceptible to loss of control and balance. Gravel and debris are other factors that can affect mobility, leading to sudden maneuvers or skidding.

Given the circumstances, the government entity or property owner in charge of the area will likely be held accountable for damages. Liability will be determined through an investigation, and comparative fault will be implemented to figure out how responsibility is assigned.

Unsafe Lane Changes

Motorcycles are small in size and have less visibility compared to cars. If they perform unsafe lane changes, they could make it difficult for others to detect them. For instance, if a driver goes against their legal duties by failing to check mirrors or blind spots when changing lanes (ARS 28-754), they may not notice a motorcycle nearby and will crash into it.

Under ARS 28-903, motorcycles are not allowed to lane split, meaning that they cannot ride between lanes of traffic. They are, however, permitted to pass stopped vehicles and ride between lanes if the following apply:

• A road has at least two lanes in the same direction
• The speed limit is 45 mph or less 
• The motorcycle rider does not exceed 15 mph when filtering 

Common Motorcycle Accident Injuries

Injuries sustained in a motorcycle accident will vary depending on the severity of the impact. Since motorcyclists are considered one of the most vulnerable groups of road accident victims, they are expected to endure serious injuries particularly due to inadequate protection.

One of the most recurring forms of bodily harm that is reported in such an incident is a head injury. Other possible issues that may arise include the following:

• Broken bones
• Road rash
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries

Steps to Take After a Motorcycle Accident

If a motorcycle accident occurred, it is encouraged for affected victims to consider fulfilling the steps sectioned below. Doing this can ensure your well-being and protect your legal rights.

Reach Out to Local Authorities

If you notice injuries or damages in the aftermath of a motorcycle crash, you should contact local authorities for immediate assistance. Police will arrive at the accident scene and conduct a written report regarding the situation whereas paramedics will provide medical care to injured parties.

Seek Medical Attention

Be sure to seek help from a medical professional. They will run one or more imaging exams to evaluate your condition, and if an issue arises, they will diagnose it and provide suitable care to ensure your symptoms are maintained. All of your doctor visits, medical prescriptions, and/or surgical procedures will be documented on file. You can request a copy of your health records to use as evidence if you are planning on pursuing a motorcycle injury claim.

Exchange Information

You should exchange contact, insurance, and vehicle information with all parties involved in the motorcycle accident.

Collect Evidence

Try to acquire significant evidence to develop a strong claim. This includes the following:

• Photos or video footage of your injury, damages, and the accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Speak to an Experienced Motorcycle Accident Lawyer

Taking on a personal injury case on your own can be difficult, especially if it is your first lawsuit. Mistakes can be made, and may cause a detrimental impact on the outcome of your settlement. To prevent this, you can consult with an Arizona motorcycle accident lawyer.

Our team at West Coast Trial Lawyers will assess the situation and identify the responsible party. From there we will:

• Negotiate with the insurance companies
• Represent you in court, if necessary
• Get you full and fair compensation for the losses you incurred

We will work tirelessly to make sure you are pleased with the results we deliver.

How to Prove Liability

To prove liability in a motorcycle accident claim, you will need to demonstrate the elements of negligence:

• The defendant had a legal obligation to ensure your safety
• The defendant failed to uphold their duty of care
• The defendant’s reckless behavior caused you to sustain an injury
• You suffered losses, like medical bills and emotional distress, as a result of the accident

Under Arizona’s pure comparative negligence rule, all parties will be assessed to determine percentage of fault. So, even if you contributed to the incident, you will still be entitled to compensation. However, it will be adjusted based on your level of negligence.

For instance, if damages totaled to $80,000 and you accounted for 10 percent of the collision, you will be given an estimate of $72,000.

Potential defendants in a motorcycle crash include:

• Government entities
• Vehicle manufacturers
• Other road users, like drivers or motorcyclists

Time Limit to File a Motorcycle Accident Claim in Arizona

In Arizona, you will be given two years from the date of the incident to file a motorcycle accident claim (ARS 12-542). Although it may seem like enough time, it is still encouraged to act quickly to ensure you have enough evidence and the right legal representative on your side.

If you do not fulfill your tasks in a timely manner, you will cause delays and put yourself at risk of exceeding the statute of limitations. And if that does happen, you will lose your chance at securing compensation to cover damages you endured from the collision.

Available Compensation in a Motorcycle Accident Case

Recoverable compensation will vary on a case-by-case basis. Each situation involves unique circumstances that can affect the settlement value. Some of the following factors will be considered when calculating and distributing pay:

• The extent of your injury
• Percentage of fault
• Current and future medical expenses
• Lost wages and earning capacity

To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by entering the damages you suffered due to the motorcycle accident.

Usually, economic damages and non-economic damages are awarded.

Economic damages refers to financial costs you sustained from the impact, like:

• Hospital fees
• Lost income
• Property damage

Non-economic damages are subjective, non-monetary losses, such as:

• Emotional trauma
• Loss of enjoyment of life
• Pain and suffering

Schedule a FREE Consultation with West Coast Trial Lawyers Today

Motorcycle accident victims are entitled to sue to recover damages. At West Coast Trial Lawyers, our Arizona motorcycle accident lawyers are available 24/7 to provide guidance and support every step of the way. We will put in dedicated effort to ensure we meet or exceed your legal needs.

To schedule a FREE consultation with one of our experienced motorcycle accident attorneys, you can reach out to us by calling (213) 927-3700 or filling out our quick online contact form.

Frequently Asked Questions About Motorcycle Accidents 

Do I Need a Lawyer for a Motorcycle Accident?

You are not legally required to hire a motorcycle accident lawyer. But, having one can greatly benefit you, especially if you are dealing with severe injuries or insurance disputes. Below are some ways a lawyer can help with your lawsuit:

• Investigate the motorcycle accident and gather evidence
• Take on all communications with insurance companies to prevent unfair practices
• Calculate your damages
• Represent you in court if a settlement cannot be reached

How Much Will it Cost to Hire a Phoenix Motorcycle Accident Lawyer?

The cost of hiring a Phoenix motorcycle accident lawyer will differ depending on which personal injury law firm you choose to represent you. Some may charge by the hour whereas others, like West Coast Trial Lawyers, run under a contingency-fee basis. This means that we do not charge upfront fees or hourly rates, and will only be compensated if we successfully settle your motorcycle accident case.

What Happens if the At-Fault Party Does Not Have Insurance?

If you have uninsured motorist (UM) coverage, your insurer will pay for the losses you sustained, like medical expenses and pain and suffering. The other option is filing a personal injury lawsuit against the at fault party.

But, most uninsured drivers do not have the financial resources to cover damages. So, even if you win, acquiring compensation will be challenging unless the defendant happens to have significant assets.

To learn what would be the most ideal approach to take, you can get in touch with our Phoenix motorcycle accident attorneys. We will explore what options are available to help you seek compensation.