Motorcycle accidents can result in severe injuries, significant medical expenses, and emotional distress. If you or a loved one has been involved in a crash, our experienced team of Phoenix motorcycle accident lawyers is here to help. Call (702) 620-9871 or message us online to arrange a free consultation.
Why Choose Harris & Harris Injury Lawyers to Represent You
- Our firm has a history of successfully securing favorable outcomes for motorcycle accident victims and has recovered millions on their behalf.
- We prioritize open communication, ensuring you are informed and empowered throughout every stage of the legal process.
- We operate on a contingency fee basis, meaning you only pay if we secure compensation for your case.
Common Causes of Motorcycle Accidents
Some prevalent causes of motorcycle accidents in Phoenix include:
- Distracted Driving: Drivers distracted by smartphones, navigation systems, or other activities may fail to notice motorcyclists.
- Unsafe Lane Changes: Motorcycles can be easily overlooked when drivers change lanes without checking blind spots.
- Speeding: Excessive speed reduces the reaction time for both motorcyclists and other drivers, increasing the likelihood of accidents.
- Failure to Yield: Drivers failing to yield the right of way to motorcycles, especially at intersections or during lane changes.
- Inexperienced Drivers: Inexperienced drivers may struggle to anticipate and respond to the unique challenges presented by motorcycles on the road.
- Poor Road Conditions: Uneven road surfaces, potholes, or debris can pose significant hazards for motorcyclists, causing loss of control.
- Driving Under the Influence: Alcohol or drug impairment significantly impairs a driver’s ability to operate a vehicle safely.
- Left-Turn Accidents: Collisions often occur when a vehicle makes a left turn in front of an oncoming motorcycle, especially at intersections.
- Vehicle Doors: Opening car doors without checking for approaching motorcycles, particularly in urban areas.
- Weather Conditions: Adverse weather, like rain or snow, can reduce visibility and make road surfaces slippery.
- Motorcycle Defects: Mechanical failures or defects in the motorcycle itself, such as faulty brakes or tires.
- Reckless or Aggressive Driving: Aggressive driving behaviors, such as tailgating or weaving in and out of traffic, pose a threat to motorcyclists.
Motorcyclists should prioritize defensive riding, while other road users should remain vigilant and considerate of motorcycles sharing the road.
What Should You Do After a Motorcycle Accident
After suffering a personal injury from a motorcycle accident, taking prompt and deliberate actions is essential to ensure your safety and protect your legal rights.
- Seek Medical Attention: First and foremost, seek medical attention for any injuries, even if they appear minor. Call 911 if anyone is severely injured.
- Notify Police: Call law enforcement to report the accident, ensuring an official record is created.
- Document the Scene: Collect information from the other parties involved, including names, contact details, and insurance information. If possible, gather witness statements and take photographs of the accident scene, including vehicle damage and any relevant road conditions.
- Avoid Discussing the Accident: It’s crucial to refrain from admitting fault and avoid discussing the details of the accident with others at the scene.
- Report the Collision : Contact your insurance company to report the incident and discuss your coverage.
- Preserve Evidence: Preserve any evidence, such as damaged clothing or motorcycle parts that may support your case later.
- Speak to an Attorney: Finally, consult a motorcycle accident attorney who can guide you through the legal process, protect your rights, and help you seek fair compensation for your injuries and damages.
How is Fault Determined in a Motorcycle Accident?
Determining fault in a motorcycle accident involves a thorough investigation of the circumstances surrounding the collision conducted by each party’s insurance company and attorney. Typically, evidence such as police reports, witness statements, and photographs from the scene are crucial in establishing who was at fault. Factors such as traffic laws, signals, and road conditions are also considered in assessing the actions of both the motorcyclist and any other involved parties.
Under Arizona’s comparative negligence law, each party will be assigned a percentage of fault, and their compensation will be reduced accordingly. Therefore, even if you are up to 99% responsible, you can still recover compensation. For example, if you are awarded $100,000 and found 20% at fault, you will receive 80% of your award or $80,000. However, regardless of the insurer’s determination of fault, your attorney will independently gather and examine the evidence to build your case. If you disagree with the insurer’s decision on fault, your attorney will help you fight for your rights and take your case to trial if necessary to let a jury decide.
Arizona Statutes of Limitations for Motorcycle Accident Claims
In Arizona, a law called the statutes of limitations applies to motorcycle accident claims and sets a deadline on how long you have to pursue legal action. Generally, the statute of limitations is two years from the date of the incident. This means you have a two-year window to file a lawsuit seeking compensation for your injuries and other losses. Failure to initiate a lawsuit within this timeframe will typically result in the court dismissing the case. However, that does not mean you must settle your claim within two years.
Types of Damages You Can Recover
There are various types of damages that may be available in a motorcycle accident claim. These damages typically fall into three main categories:
Economic Damages
- Medical Expenses: Covers costs related to hospital stays, surgeries, doctor visits, medications, rehabilitation, and other medical treatments.
- Lost Wages: Compensates for income lost due to time away from work during recovery, including future lost earning capacity, if applicable.
- Property Damage: Addresses the repair or replacement costs for the damaged motorcycle and other property.
Non-Economic Damages
- Pain and Suffering: Provides compensation for physical and emotional distress, pain, and suffering experienced as a result of the accident.
- Emotional Distress: Covers any psychological impact, anxiety, and trauma resulting from the crash.
- Loss of Consortium: Addresses the impact of the accident on your relationships with family members.
Punitive Damages
Punitive damages are less common and are intended to punish the at-fault party for egregious behavior. They are awarded when the defendant’s (at-fault party’s) actions are considered willful or grossly negligent.
Call Our Phoenix Motorcycle Accident Lawyers Today
Our motorcycle accident lawyers at Harris & Harris Injury Lawyers are ready to fight for your rights and advocate for the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options. Your recovery is our priority.