Motorcycle accidents are a leading cause of serious personal injuries in Arizona. The design of a motorcycle offers no protection for riders in accidents. Although a helmet can help protect a motorcyclist from head trauma, they are still prone to life-threatening injuries. When a distracted or negligent driver crashes into a motorcyclist, the injured victim has the right to file a claim.
The Phoenix motorcycle accident attorneys at Gerber Injury Law help injured parties seek justice and compensation for their damages after harmful collisions. If you have serious injuries or a motorcycle wreck killed a loved one, contact us 24/7 to arrange a free consultation. We can meet with you at one of our five convenient locations to discuss your case. We have firms in Phoenix, Surprise, Mesa, Scottsdale, and Avondale, Arizona.
Motorcycle accident claims often require legal attention due to the serious nature of related injuries. Some of the most common injuries are traumatic brain injuries, spine injuries, paralysis, bone fractures, muscle injuries, and severe road rash. If you have serious injuries, an insurance company may downplay them to try to get you to settle for less than you require. Hiring a Phoenix motorcycle accident lawyer can enable you to negotiate a better settlement that matches your damages. If the insurance company will not offer a proper settlement, your lawyer can take the company to trial in Arizona instead.
At Gerber Injury Law, we have dedicated our lives to helping the injured. This does not only mean representing them as our clients but also preventing future auto accidents in the Phoenix community by pushing for institutional changes. Part of our commitment to the community involves keeping track of the most common causes of Arizona motorcycle accidents. In 2019 alone, the Arizona Department of Transportation reported 2,676 motorcycle accidents. Identifying crash causes can help address risks in the future.
These are common driver errors that lead to motorcycle collisions in the City of Phoenix. If a negligent driver caused your crash, his or her insurance company may be responsible for your bills. Other common causes have to do with dangerous road defects, such as potholes and loose gravel, that can be disastrous for motorcyclists. Our Phoenix personal injury attorneys can investigate your crash for signs of causation. Then, we can help you build a claim against the at-fault party in pursuit of fair injury damages.
Negligent drivers are liable, or legally responsible, for most serious motorcycle collisions in Arizona. A motor vehicle driver may have to pay for damages after a motorcycle crash if he or she was negligent and reckless in causing the collision. All drivers in Arizona must carry minimum amounts of bodily injury and property damage liability insurance. This insurance will cover your damages if the at-fault driver’s insurance company accepts your claim.
If something else caused your motorcycle accident, such as a road defect, a party other than the driver may be liable. The City of Phoenix is responsible for maintaining the integrity of its public roads and highways. If a pothole, uneven shoulder, dangerous construction zone, loose gravel, missing guardrail, obstructed sign or another road defect caused your accident, the city could be liable. The city may have to pay for your motorcycle accident if it reasonably should have discovered and remedied the defect before your wreck.
Another common liable party in an Arizona motorcycle accident claim is a product manufacturer. The company that designed or produced your motorcycle may be to blame for an accident if it related to a defective part, such as bad brakes or a defective helmet. In a strict product liability claim, all your Phoenix motorcycle accident lawyer will need to establish is that the product was defective and caused your injuries. You will not need to prove negligence to obtain compensation. Discuss liability in more detail based on the facts of your claim during a free case evaluation at Gerber Injury Law.
The damages a victim suffers in a motorcycle wreck can be significant depending on the facts of the case. Many crashes are catastrophic, meaning they inflict injuries that will stay with the victims for a long time. Examples of catastrophic injuries include brain damage, organ injuries and paralysis. In general, catastrophic injury claims are worth more in financial compensation than minor injury claims in Arizona. You could receive compensation for many different damages.
Case values can depend on factors such as the severity of the motorcycle accident, extent of your injuries, point of maximum medical improvement, income, age, and more. Whether you were the one injured in a Phoenix motorcycle accident or you are curious about the rights of a loved one, discuss the value of your claim with our injury lawyers today.
The good news is that an injured motorcyclist will still likely be able to recover compensation even if they were partially responsible for causing the crash in the first place. Arizona operates under what is called a “pure comparative negligence” system when it comes to injury liability. What this means is that injury victims are still able to recover compensation even if they are up to 99% at fault for the incident. This is different from how other states handle comparative negligence. In most states, injury victims are barred from recovering compensation if they are 50% or more responsible for the incident.
However, we do need to point out that the motorcyclist will not be able to receive full compensation if they are partially or mostly at fault for the incident. The total amount of compensation an injured motorcyclist in Phoenix receives will be reduced based on their percentage of fault.
For example, suppose a motorcyclist is rear-ended by an alcohol-impaired driver while both are approaching an intersection. In this scenario, let us suppose that the motorcyclist sustained $100,000 in medical bills and property damage losses after suffering from an internal injury. One would think that the motorcyclist would be entitled to full compensation for the incident, but what if it is determined that the motorcyclist’s brake lights were out at the time the incident occurred?
In this scenario, it is entirely possible that the motorcyclist would be partially responsible for the incident. If a personal injury jury finds that a motorcyclist was 40% responsible for the crash because of their faulty brake lights, they would receive $60,000 instead of the full $100,000.
There are various steps that a motorcyclist can take after a crash occurs in the Phoenix area. This includes the following steps that can be taken in the immediate aftermath of the incident:
In the days and weeks that follow a vehicle accident, there are other steps that a motorcycle crash victim needs to take in order to ensure that they receive maximum compensation for their losses. This includes:
In the confusing aftermath of a Phoenix motorcycle accident, take steps to protect your rights. Call the police from the scene of your crash. Take photographs of the damages. Go to a local hospital for immediate care. Then, call an attorney from Gerber Injury Law for legal advice. We can guide you through the rest of the steps involved in the process of obtaining financial compensation. Talk to a Phoenix accident lawyer today for more information. Call (623) 486-8300 24/7.