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 personal injury firms in Phoenix, Surprise, Mesa, Scottsdale, and Avondale, Arizona.
Why Choose Our Motorcycle Accident Lawyers?
- We have fought aggressively on behalf of motorcyclists in Arizona for years. This is a practice area we are passionate about due to prejudices that exist against motorcyclists in the justice system.
- We know how to obtain maximum results for each client. Our recent victories in and out of courtrooms in Arizona prove our hard work pays off for clients.
- We do not back down from cases involving powerful defendants. Attorney Ken Gerber’s extensive trial experience gives him confidence in going head-to-head with any defendant.
- We have the experience to give you peace of mind. Our team of personal injury attorneys have represented injured clients for more than 22 years. We will know exactly how to handle your injury claim.
How a Lawyer Can Help You Recover
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, insurance companies 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 for your motorcycle accident case, your lawyer can take the company to trial in Arizona instead.
Common Causes of Motorcycle Accidents in Arizona
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.
- Alcohol involvement
- Ignored rights-of-way
- Ignored blind spots
- Speeding and breaking roadway rules
- Illegal U-turns or left-hand turns
- Distracted driving
- Driving while tired
- Passing too closely
- Making unsafe lane changes
- Failing to keep a proper lookout
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 experienced Phoenix personal injury attorneys can investigate your crash for signs of causation. Then, we can help you build an injury claim against the at-fault party in pursuit of fair injury damages.
Who Is Liable?
Negligent drivers are liable, or legally responsible, for most serious motorcycle collisions in the state of 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.
- Medical expenses
- Past and future lost earnings
- Motorcycle repairs
- Lost property replacement
- Pain and suffering
- Attorney’s fees
- Travel expenses
- Punitive damages
- Wrongful death 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 accident claim with our injury lawyers today.
What Happens if the Motorcyclist is Partially At Fault in Phoenix?
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.
Steps a Motorcyclist can Take After a Crash Occurs in Phoenix
There are various steps that motorcycle riders 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:
- Call 911. It is crucial for somebody to make sure that emergency services are on the way to the scene. This includes police, fire officials, and EMS.
- Seek medical care. Every motorcyclist involved in an accident must seek medical care as soon as possible. Not only does this ensure the well-being of the motorcycle accident victim, but it also establishes a solid link between the crash and the injuries that occur.
- Gather evidence. If it is safe to do so, a motorcyclist can begin gathering evidence at the scene. Using a smartphone or another type of camera, they can take pictures of vehicle damage, injuries, traffic and weather conditions, license plates, and more. Additionally, the names and contact information of any eyewitnesses should be written down so they could be contacted later.
- Contact an attorney. A motorcycle crash victim should contact a skilled Phoenix motorcycle accident lawyer as soon as possible. An injury attorney can use their resources and legal expertise to handle every aspect of the claim on behalf of the injured motorcyclist.
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:
- Continuing all medical care. A motorcyclist must continue all follow-up care until their doctor says they have reached maximum medical improvement. Failing to do so could result in the insurance carrier denying the claim altogether. Additionally, if there are any injury symptoms that arise after the incident occurs, and motorcyclist should immediately proceed to the emergency room.
- Keeping track of all expenses. It is important for a motorcycle accident victim to keep track of all expenses so that their attorney can properly calculate total expected losses.
Contact a Phoenix Motorcycle Accident Attorney
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 a motorcycle accident 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 our accident lawyers today for more information. Call (623) 486-8300 24/7.