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Injured in a Motorcycle Accident in Arizona?
Arizona Motorcycle Accident Lawyers
Owning a motorcycle in Arizona gives many riders a feeling of freedom as they cruise on the road. Still, riding a motorcycle can foster a sense of belonging among other riders. Regrettably, motorcyclists face the risk of injuries or even death during accidents, and when such accidents happen, riders can suffer catastrophic injuries.
If you have been injured in a motorcycle crash in Arizona, you need to seek legal help and representation from an experienced motorcycle accident attorney. It’s often challenging for injured motorcyclists to secure the compensation they need to cover damages, especially when they choose to handle their personal injury claims independently. Luckily, when motorcycle wrecks happen, the Arizona motorcycle accident attorneys at Gerber Injury Law are here to help.
At Gerber Injury Law, we have over 20 years of experience handling personal injury claims, including motorcycle accident wrecks in Arizona. That experience gives our legal team an upper hand in litigation and unique insights into how these wrecks affect victims and their families. Over the years, our motorcycle accident attorneys have become familiar with insurers’ tactics and tricks that limit their liability. As a result, we are prepared to aggressively push for the best possible compensation on your behalf.
Have you been hurt in a motorcycle crash? Turn to Gerber Injury Law’s Arizona legal team for top-notch legal representation. Our attorneys have the knowledge, skills, and experience to fight aggressively for your rights and interests. Gerber Injury Law has helped injured motorcyclists recover millions of dollars over the years.
Schedule your free, confidential consultation today by calling us at 623-486-8300. We are ready to answer your questions as we discuss your legal options.
Common Causes of Motorcycle Accidents in Arizona
As motorcycle accident lawyers in Arizona, we understand how severe motorcycle wrecks can be for motorcycle enthusiasts. Because motorcycle riders lack surrounding protective structures on their bikes, they are more likely to sustain catastrophic injuries or fatalities when they are involved in crashes.
The following are some of the common causes of motorcycle wrecks in Arizona:
Driving Under the Influence
According to the National Highway Traffic Safety Administration (NHTSA), 1,436 (27% of total motorcycle rider fatalities) motorcycle riders killed in 2020 were alcohol-impaired, with a blood alcohol concentration of 0.08 g/dL or higher. NHTSA reported that riders in the 45-49 age group (35%) had the highest percentages of alcohol concentrations during the same year.
Road users, like motor vehicle drivers and motorcyclists, who cause accidents because of driving under the influence of alcohol may face civil liability if victims sustain injuries and damages such as medical bills.
One of the leading causes of motorcycle accidents is speeding. This reckless action reduces motorcyclists’ ability to spot vehicles or pedestrians and react in time, risking deadly collisions. The higher the speed, the greater the force of impact and the more severe the accident’s consequences.
Unsafe Lane Changes
Drivers in Arizona risk colliding with motorcycle riders when they ignore checking their blind spots when changing lanes while on the road.
Some motorcycle wrecks happen when drivers open the doors of their parked cars in the path of oncoming riders. This can create a dangerous situation if the motorcyclist isn’t paying attention.
Lane splitting is a term used to describe motorcycle riding between clearly marked lanes of stopped or slow-moving traffic in the same direction. For example, in Arizona, motorcycles can pass stationary vehicles in the same direction.
Still, the Arizona lane filtering law requires motorcyclists to abide by certain conditions to lane filter. Motorcycle riders can lane filter:
- When vehicles are stationary
- When posted speed limits are below 45 miles per hour
- When the rider doesn’t exceed 15 miles per hour when filtering
- If the street is divided into two or more adjacent lanes moving in the same direction
Rear-end accidents in Arizona resulting from tailgating or an abrupt stop can cause severe injuries to a motorcyclist, such as head trauma, whiplash, or even death.
Inexperienced and Distracted Drivers
Ideally, riders in Arizona should spend significant time training before they decide to ride their bikes on our roadways. Inexperienced riders should spend most of their time on less challenging roadways to sharpen their riding skills.
Still, inattention and distractions when riding a motorcycle are common causes of accidents, affecting experienced and new riders alike. A motorcyclist is more likely to cause an accident if they become distracted by a billboard on the highway or start reflecting on their argument with their spouse just before leaving home.
Distraction doesn’t only affect motorcycle riders but also other motor vehicle drivers. Some of the common distractions that can lead to motorcycle accidents in Arizona include:
- Talking on the phone
- Using the car’s navigation system
Regrettably, T-bone accidents, like those resulting from left-turn crashes, are a significant cause of motorcycle accidents.
Various factors can lead to a crash resulting from a left turn. In most cases, motor vehicle drivers cite inattentional blindness as the reason for colliding with riders. This implies that although the car driver may have checked to see the rider, they didn’t spot them since they weren’t expecting to.
Misjudgments of distance or right-of-way errors while making left turns are common causes of injuries to Arizona motorcycle riders.
Roadway conditions are often overlooked by motor vehicle drivers as well as riders. Elements that may not likely cause car crashes can significantly cause motorcycle crashes in Arizona. Some of the factors that cause such crashes include:
- Insufficient shoulders
- Hidden driveways
- Poorly lit roads
- Gravel, sand, or debris
- Unmarked lane changes
- Poorly marked merging areas or curves
- Unsafe bridge joints
- Lack of guardrails
- Standing or flowing water
- Low-hanging branches
The manufacturer of a shoddily designed or manufactured part can be held responsible for injuries or deaths from defective motorcycle parts.
To understand what led to your accident, consult an experienced personal injury lawyer in Arizona from Gerber Injury Law today. Our attorneys will gather and analyze evidence to determine how and why your motorcycle accident happened. We will also help you determine who is to blame and what caused your accident.
It’s important to note that sometimes both the vehicle driver and the motorcyclist can be at fault for the accident. So what happens in such a scenario?
Arizona applies the pure comparative fault theory when handling personal injury claims. According to this doctrine, the plaintiff’s compensation is reduced by their share of fault, regardless of the percentage.
For example, if John is riding his bike with a broken tail light on a highway in Arizona and Jane is tailgating him too closely in an SUV. Suppose John slams his brakes to avoid hitting a pothole, and Jane rear-ends him. When John sues Jane for damages, the court renders a decision allocating Jane 75% of the blame for tailgating and John 25% for riding their motorcycle without a tail light. In this scenario, John could only recover 75% of the damages available in the personal injury claim due to the state’s pure comparative fault laws.
Steps To Take After a Motorcycle Accident in Arizona
It’s normal to feel scared and confused after an accident. At Gerber Injury Law, our lawyers can help you during this difficult time. Here are some vital steps our motorcycle accident attorneys in Arizona recommend to protect your health and legal rights if you are involved in a wreck:
Stay Calm and Safe
After an accident, take a deep breath and try to stay calm. We know how easy it is to get worked up and panic after a crash. Do your best to remain calm and safe. Move away from oncoming traffic since there is always a risk of a multiple-vehicle accident happening at the same scene. Assess the situation to determine what you’ll tell the 911 operator once you call for help.
After a motorcycle accident, your health and well-being should be your main priorities. Even if you feel okay, you might have sustained severe, life-threatening injuries that may not yet be apparent. Calling 911 ensures you get help from emergency responders like the police, firefighters, and EMTs.
If you don’t receive medical attention at the accident scene, visit your doctor once the police clear you. Remember, many injuries may not be obvious after a crash. Your adrenaline may also mask injuries or pain while at the scene. Some injuries take time for symptoms to manifest, including internal bleeding, back injuries, and traumatic brain injuries.
If you aren’t severely hurt, gather crucial information that can help with your injury claim, including:
- The driver’s name
- Contact information
- Driver’s license numbers
- License plate numbers
- Insurance details
- Make and model of the vehicles
In hit-and-run accidents, ensure you gather details about the vehicle and driver before they flee the scene, including:
- The vehicle’s license plate — in this case, even a partial plate may be useful
- The make and color of the vehicle
- The vehicle’s distinguishing features, such as dents and modifications
- The motorist’s description: presumed age, sex, and race
Take Pictures of the Scene
After an accident, it’s advisable to document the scene. Take as many photos and videos as you can of the damage to your motorcycle as well as any injuries you may have sustained. Don’t forget to take pictures of the surroundings, including traffic lights, skid marks, nearby landmarks, and road conditions. Photographic evidence can help prove who was at fault and what caused the accident.
Talk to Witnesses
If anyone witnessed the crash, talk to them and ask for their names and contact information. These parties can help prove liability in your personal injury claim. Their statements can help collaborate your story about what transpired before, during, and immediately after the crash.
Your motorcycle accident attorney in Arizona will contact them soon after the accident for statements. Ensure you get accurate and up-to-date information, making it easier to track them after the crash.
Notify Your Insurance Company
After an accident, it’s important to contact your insurance carrier and inform them about the accident. However, don’t get too detailed when reporting your crash since this may hurt your personal injury claim. Remember that insurance policies sometimes require policyholders to report crashes within specific timelines. Failure to do so within set timelines may complicate the claims process.
Do Not Talk to the Other Driver’s Insurance Company
After an accident, the other driver’s insurance representatives will likely contact you. Don’t let them talk you into signing documents or providing a written or recorded statement. They are only doing this to minimize their employer’s liability. Such insurance adjusters will look for any reason to limit or deny your Arizona motorcycle accident claim.
Document Your Damages
Keep track of all accident-related expenses in the days and weeks following your crash. This may include your medical bills, receipts, and any travel costs related to the accident. You should also keep a journal about how you feel after the accident.
Hire an Arizona Motorcycle Accident Attorney
Protect your legal rights and interests soon after an accident by calling the legal team at Gerber Injury Law. Our Arizona lawyers will investigate your claim and start the claims process on your behalf. This gives you ample time to rest and recuperate.
Keep in mind that you have a limited window to file a personal injury claim in Arizona — two years from the date of the accident. Still, evidence, such as skid marks and CCTV footage from nearby stores, may disappear from the accident scene after a while or get erased if you delay contacting an attorney. For this reason, it’s best to contact our motorcycle accident attorneys in Arizona as soon as possible to discuss your legal options.
What Types of Injuries Are Caused by Motorcycle Accidents?
Motorcycle riders in Arizona have a higher risk of injury than other motorists. Since motorcycles aren’t enclosed vehicles, they are far more injurious than other auto accidents. Even worse, motorcycles are much smaller and lighter than trucks, buses, and cars, meaning it’s harder for other motorists to see riders on the road. Operating a motorcycle in Arizona can be a dangerous undertaking.
Our Arizona motorcycle accident attorneys at Gerber Injury Law have compiled a list of the common injuries that motorcycle accident victims face. You may have a valid personal injury claim if you have sustained injuries due to another party’s negligence. Here are some of the common types of injuries our personal injury attorneys in Arizona encounter:
This type of injury happens when a rider’s skin drags along the road. This injury can range from minor to extremely severe and may involve complications such as nerve damage, permanent scarring, or infections. It can happen to one’s face, arms, or legs. Some riders may require surgery or skin grafts after a road rash.
Riders should wear proper protective clothing, such as leather jackets, to lessen the severity of these abrasions.
Traumatic Brain Injuries
According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury (TBI) is a head injury that affects how the brain works. This type of injury is a major cause of disability and death in the U.S., with roughly 190 Americans dying daily from TBI-related injuries.
Even with helmets, riders can still sustain severe head injuries during accidents. Some of the minor symptoms of TBIs include:
- Trouble sleeping
- Speech problems
- Blurred vision
- Brief loss of consciousness
- Memory problems
Moderate to severe symptoms of TBI that motorcycle accident victims may sustain include:
- Seizures or convulsions
- Persistent headaches
- Loss of consciousness for hours
- Numbness in toes and fingers
- Combativeness or agitation
- Slurred speech
- Pupil dilation
If you experience any of the above signs of head trauma after a motorcycle accident, seek immediate medical care. TBIs can worsen if left untreated.
Spinal Cord Injuries
Spinal cord injuries are debilitating and can be permanent and life-changing. The thoracic spine is the most commonly affected spine region in motorcycle crashes. Still, the entire spine is susceptible to injury during a high-impact accident.
Spinal cord damage may cause paralysis, chronic pain, disabilities, or death. These injuries typically happen when riders land on their backs or necks. Trauma to these regions can also lead to spinal cord injuries.
Since motorcycles don’t offer much protection, bikers may suffer broken bones or fractures once they are thrown off their motorcycles. If a rider lands at the wrong angle or too hard, they can sustain broken bones. Common fractures after Arizona motorcycle wrecks include forearms, pelvic bones, ribs, shins, and femurs.
A catastrophic motorcycle accident can result in severe damage to internal organs. When an accident damages or punctures your organs, this can cause internal bleeding, which can occur in the head, chest, tissues, or organs such as the liver.
Always visit a doctor after an accident for them to run tests and ascertain that you are okay. Remember, you cannot spot internal injuries from outside the body.
There are over 650 skeletal muscles in the body, comprising 30-40% of the body’s total mass. A motorcycle crash can damage any of these muscles in the musculoskeletal system. Recovery time typically depends on the severity and location of the injury.
Motorcycle accidents can result in acute muscle injuries due to trauma. Such injuries may take months or even years to heal, requiring physical therapy to help a victim regain strength and mobility.
Bikers not only suffer physical injuries during motorcycle crashes. A crash in Arizona can lead to “emotional injuries” such as:
- Post-traumatic stress disorder
- Fear or embarrassment
- Loss of esteem
- Loss of enjoyment of life
It’s essential for victims not to underestimate the impact of emotional trauma after an accident. Pain and suffering can trouble survivors for many years after the incident. It’s best to seek help from mental experts like psychiatrists if you experience such injuries.
Suppose you sustained any of the above injuries as a result of another person’s or entity’s negligence. In that case, you’ll need the help of a personal injury lawyer in Arizona to build a strong claim. At Gerber Injury Law, our legal team will protect you from getting blamed and thrown under the bus for the accident.
Who Is Liable in a Motorcycle Accident Claim in Arizona?
You can sue the at-fault party(s) in a motorcycle crash to recover compensation since they are liable for your injuries and damages. Injured victims have the right to file lawsuits against any negligent parties responsible for their injuries, including:
On Arizona’s roads, other drivers are to blame for most motorcycle accidents. Even though the other driver isn’t intentionally trying to cause a collision, they can make careless errors that lead to accidents. If the driver’s actions or inactions led to the motorcycle crash, they may be liable for damages.
Since Arizona is an at-fault state, the liable driver’s auto insurance policy will cover your damages. You’ll need to file an insurance claim and deal with their insurance company to recover fair compensation. At Gerber Injury Law, our motorcycle accident attorneys in Arizona can handle such negotiations on your behalf while you relax and focus on your health.
In some cases, other motorists in Arizona aren’t to blame for motorcycle crashes. Sometimes, an accident may happen due to issues with the motorcycle itself. If a motorcycle part, such as its brakes or suspension system, fails, its manufacturer may be liable for your damages.
You’ll need an Arizona law firm that can conduct comprehensive investigations to determine what the problem was. Evidence from the scene may help prove the manufacturer’s liability.
If you bought a bike at a dealership, they could be liable for your damages if they knowingly sold you a bike with an issue they hid from you. Your motorcycle accident attorney from Arizona will need to gather and analyze evidence to prove the dealership was in on it. If your attorney can prove the dealership’s role in the crash, you can sue them for damages.
You may sustain injuries in an accident because your helmet didn’t work as expected. You may file a tort claim against the company manufacturing the helmet in such instances. Even though the helmet didn’t cause the accident, you may sue the manufacturer if you suffered injuries, such as traumatic brain injuries, that would have been avoided if you had a functioning helmet.
Some causes of motorcycle accidents, such as road hazards and unsafe road conditions, occur due to the negligent actions of state or local government entities. In some instances, you can file a suit if either of these parties is responsible for your accident and resulting damages.
To find out who may be liable for your motorcycle accident claim in Arizona, contact the tenacious personal injury lawyers at Gerber Injury Law. Let our legal team unearth who is to blame for your accident.
What Sort of Damages Can I Recover After a Motorcycle Accident Claim in Arizona?
If you were involved in a motorcycle crash you didn’t cause, you can file a claim for damages. Damages in a personal injury claim are the expenses or losses you incur due to the defendant’s negligence and the resulting motorcycle crash.
To assess the amount of damages available in a claim, several questions should be asked, including:
- How severely were you hurt?
- Did you endure any physical or mental suffering?
- Did you miss time from work?
- Will you be able to return to work?
- What was the value of damage to your personal property?
- How much does your treatment cost?
- Are you still undergoing any treatment procedures?
- Have you reached maximum medical improvement?
Once you’ve answered these questions, your Arizona motorcycle accident attorney can evaluate and assign a potential value to your personal injury case.
Here are some of the common damages you can recover in a motorcycle accident claim:
The costs of medical treatment will likely constitute a significant portion of your injury claim, especially if your crash was catastrophic. You’ll need to keep track of all your medical expenses related to the accident, including:
- Medical bills, including ongoing and future treatment
- Physical therapy and rehabilitation
- Travel costs
- Prescription medications
- Mobility devices, such as crutches, canes, and wheelchairs
- Ambulance ride following the crash
- Appointments with doctors
You may also be entitled to compensation if you are left with a disability, such as vision loss or paralysis, after the accident. Discuss these details with a personal injury attorney from Gerber Injury Law to ensure all your accident-related treatment costs are accounted for in your insurance claim.
Chances are high that you’ll incur property damage to your motorcycle during the crash. An Arizona motorcycle wreck lawyer can pursue maximum compensation covering the repair costs of your motorcycle if it was damaged during a collision. This compensation is available through a personal injury suit or an insurance claim. However, insurance claims may only cover compensation up to the policy’s limits.
Our Arizona-based legal team can help you gather documentation detailing the cost of damage to your motorcycle or its fair replacement value. We will aggressively pursue compensation that reflects the accurate value of your bike’s replacement or repair costs.
After an accident, you’ll likely miss work as you rest and recover. You can pursue your lost wages, including bonuses and raises, if another party’s negligent actions led to your inability to work. Lost wages represent the income you’d have earned if you weren’t involved in the accident.
If your injuries permanently prevent you from doing the same job, you may file a claim for your lost earning capacity.
Pain and Suffering
Besides the economic damages discussed above, you can also collect non-economic damages in a personal injury lawsuit. These damages are subjective and don’t have a set dollar amount attached to them. Examples of these damages include:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Fear, anxiety, or humiliation
Injured victims and survivors may also file for punitive and wrongful death damages. The former is awarded in cases involving malice, fraud, willful misconduct, or wantonness.
Have questions about the damages that may be available in your case? The experienced lawyers at Gerber Injury Law can help you understand the types of damages you may be entitled to once we review your case.
How Can Gerber Injury Law Help With a Motorcycle Accident Claim?
Wondering how an Arizona motorcycle accident lawyer can help you? Once you contact our reliable law firm, here are some of the services you can expect from our reputable legal team:
Explain Your Rights
Most riders in Arizona have never had to deal with such ordeals. An attorney can help you if you are in such a situation by explaining state and federal laws pertaining to your case as well as your rights and compensation options.
Investigate Your Case
At Gerber Injury Law, we have the resources to investigate your case and gather relevant evidence comprehensively. Our lawyers aim to prove the other driver’s negligence led to your accident and injuries. We will build a strong case by gathering information like:
- Eyewitness statements
- Medical records
- Pictures and videos from the accident scene
- Police reports
- Autopsy reports
Assess the Value of Your Claim
Accidents in Arizona can result in significant expenses, including property damage, medical bills, and lost income. Crashes may also result in non-economic losses, such as pain and suffering. With the help of an experienced motorcycle accident lawyer in Arizona, you can assess the value of your claim and push for the best possible compensation from the insurance company.
Negotiate for a Fair Settlement
If you represent yourself, the insurance company will likely offer you a lowball settlement or outright deny your claim. But with the help of our Arizona personal injury lawyers, you are guaranteed that we will go above and beyond to fight for the compensation you deserve. What’s more, we can negotiate on your behalf while you continue with your doctor’s appointments and journey to recovery.
Represent You in Court
Most motorcycle accident claims in Arizona are resolved outside courtrooms. Still, there are times when insurance companies may play hardball, forcing plaintiffs to file lawsuits. At Gerber Injury Law, we are ready to fight for your rights before a judge and jury if the insurance company doesn’t offer you a fair settlement.
Discuss Your Options With Our Arizona Motorcycle Accident Attorneys
It’s unfair for you to suffer and pay for someone else’s mistakes. Contact the Arizona motorcycle crash attorneys at Gerber Injury Law today if you or a loved one were injured in a motorcycle crash. Our legal team can help you secure the compensation you need and deserve. Call 623-486-8300 now or contact us online to learn how we can help you.
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If you or a loved one has been injured, don’t hesitate – contact our attorneys today!
After insurance company failed to pay $10k in policy limits for injuries caused by a motor vehicle accident.
For bicyclist hit by car.