Phoenix is a motorcyclist’s city. The weather and roads tend to attract a suite of riders every year. While that crowd makes Phoenix a great place to live, it also increases your risk of getting into a motorcycle accident.

Motorcycle accidents can force you to contend with serious injuries, lifelong disabilities, and even the death of a loved one. If you think your accident resulted due to someone else’s negligence, though, you can take action. Our Phoenix motorcycle accident lawyers at Zanes Law can stand with you as you file a claim for post-accident financial compensation.




The Importance of Hiring Experienced Phoenix Motorcycle Accident Lawyer

Motorcyclists are exposed to more risks than the average motorist. That’s why it’s important for you to have access to a legal representative who can help you address roadway accidents. When you work with a practiced professional, you give yourself the space to recover without missing your important legal deadlines.

The Benefits of Hiring a Motorcycle Attorney

Our motorcycle accident attorneys in Phoenix are experts in their fields. Our eighty years of combined experience helps us present your case to a judge, jury, and defendant. That’s not the only benefit of working with our team, though. When you partner with us, our attorneys can:

Recover Your Damages

When you come away from a motorcycle accident, you may be left with physical injuries, significant property damage, and long-term emotional turmoil. It’s our job to help you recover the economic value of those losses when you go to court. 

We calculate an estimate of your possible compensation ahead of time. This way, both you and the defense can understand the total value of your losses. In turn, we can refer back to this calculation throughout negotiations. This way, we’ll always know what kind of financial support we’re fighting for.

Follow Up on Your Behalf

You don’t have to manage your own communications when it comes time to file a claim. Our team takes on that challenge for you. With us at the helm, you never have to deal with the intimidation attempts that an insurance company or liable party may throw your way. Similarly, you can prevent the defense from using your words against you.

Discover Evidence to Support Your Claim

You are not obligated to return to the scene of your accident if you want to discover evidence of negligence. Instead, we can investigate evidence in support of your case. 

We can explore incidents of roadway negligence, product failure, and even false advertising. As the data comes together, we can use it to establish allegations of liability. In turn, we can back the naming of that party in your complaint with both physical data and eyewitness testimony.

All the while, you can focus on tending to your accident-related injuries. We’ll update you as we discover evidence of causation and build up your complaint.

motorcyclist looks over empty field

A motorcyclist looks over an empty field. A motorcycle accident attorney in Phoenix, AZ, can help you get back on the road after a collision or bike malfunction.

Establishing Negligence in a Motorcycle Accident Claim

To hold another party liable for your motorcycle accident losses, you need to indicate that the party in question engaged in negligent behavior. If you can show evidence of negligence in your initial complaint, your claim has a better chance of moving forward.

There are four elements to consider when trying to prove negligence. These are duty of care, the breach of duty, causation, and related damages. You must prove that an allegedly-liable party owed you a duty of care if you want to move a motorcycle accident case forward. This duty represents the responsibility the party owed to you at the time the accident occurred.

If you can establish duty of care, you can then use evidence from your accident to establish a breached duty. From there, your attorney can indicate that said breach caused the majority of your accident-related injuries. Finally, you can present the extent of those injuries to an area judge. That presentation makes up your estimated compensation.

When to File Your Motorcycle Accident Claim

If you want to request compensation after a motorcycle accident, you need to submit an applicable claim within Arizona’s statute of limitations. The state’s statute of limitations prevents accidents older than two years from making their way to court.

As such, you need to abide by A.R.S. § 12-542. If you don’t file your complaint within two years of the day your accident takes place, you waive the right to request compensation for motorcycle accident personal injuries.

You don’t have to wait until you’re fully recovered to start taking legal action. The Phoenix, AZ, motorcycle accident lawyers with Zanes Law can begin building your case on the same day your accident takes place. While you focus on addressing your accident-related injuries, we’ll interview witnesses and gather the evidence needed to move your case forward.

Our Phoenix Motorcycle Accident Attorneys Fight for Your Compensation

As a motorcyclist, you are as entitled to time on the road as any other motorist. If you find yourself involved in an accident, you can take your losses before a judge. Zanes Law wants to help you fight for the financial support you need to help your recovery along.

Is it time for you to pursue a motorcycle accident complaint? Let our motorcycle accident attorneys in Phoenix, AZ, lend you a hand. You can contact us to schedule your first free case consultation.

Frequently Asked Questions

How does Phoenix Rank as a Motorcycle City?

You can’t control how other drivers behave on the road. If you’re concerned about getting into a motorcycle accident, though, you can get a feel for what safety standards in your city look like.

As a state, Arizona ranks within the top ten most dangerous cities for motorcyclist traffic fatalities. The state’s urban areas are more prone to accidents. What does this mean for you? 

If you want to avoid the fallout of a motorcycle accident, make sure you ride with all the essential safety equipment on hand. You can also do your research ahead of time and connect with a local motorcycle accident attorney. This way, you can quickly respond to any denied insurance claims or roadway accidents. 

What Are the Common Causes of Motorcycle Crashes?

Negligence is the driving force behind most of today’s motorcycle accidents. How do you interpret negligence, though? Examples of dangerous roadway negligence can include (but are not limited to):

  • Distracted driving
  • Aggressive driving
  • Illegal left-hand turns
  • Inattention while parking or opening doors
  • Cutting a motorcyclist off
  • Failing to check a blindspot

It’s not only other drivers that can be held liable for a motorcyclist’s accident, though. If you believe poor roadway conditions or the behavior of a construction crew contributed to your losses, you can name the applicable parties in your complaint.

How Much Is My Motorcycle Accident Case Worth?

Each case has its own unique value. While you can refer to precedent to get a general idea of how much your case may be worth, your own losses will influence the kind of compensation to which you may be entitled.

Fortunately, we calculate your expected compensation and include that number in your initial case claim. When establishing this estimate, we’ll consider losses including:

  • Medical bills related to your motorcycle accident
  • The cost of repairing or replacing damaged property
  • Medical aids and medication for pain management
  • Emotional damages
  • Wrongful death, if applicable

You can refer back to this estimate as your case proceeds.

How Are My Pain and Suffering Measured?

We calculate non-economic damages like pain and suffering based on precedent. This means that we look at previous motorcycle accident cases won in Arizona and see what kind of damages the injured party received for damages without a pre-assigned dollar value. From there, we can gauge your pain and suffering before applying economic value to it.

Why do we calculate pain and suffering this way? There is a chance that an insurance agency or liable party may deliberately undersell your non-economic losses. That’s why we compare your non-economic losses against those damages awarded in other suits throughout the state. When we can refer to legal precedent, we can back up a request for more substantial damages.

What Should I Do When I Receive a Settlement Offer?

Insurance companies may make you a settlement offer before you have time to submit a motorcycle accident claim. While these offers may not be inherently malicious, an insurance provider can still low-ball you in an attempt to avoid time spent in court.

That’s why it’s important to bring a settlement offer to a motorcycle accident lawyer. We’ll look over the offer and compare an adjudicator’s calculations against our own. If it appears your offer doesn’t cover the full extent of your losses, we can negotiate for a larger settlement. If an insurance provider refuses to capitulate, we can then move your case to trial.

Will My Motorcycle Case Settle?

Your motorcycle accident case is an individualized endeavor. However, there’s a good chance that you and the party held liable for your losses can come to an agreement regarding your possible compensation. When you work with a practiced attorney, you can avoid a lengthier trial and walk away from a case with the motorcycle accident compensation you need to recover.

What Happens If My Motorcycle Case Goes to Court?

If your motorcycle accident case goes to court, stay in regular contact with your attorney. We’ll update you as your case progresses and help you offer both a judge and jury a comprehensive representation of your losses.

The motorcycle case process tends to involve:

  • Filing a complaint and serving it to the defendant
  • Allowing the defendant to respond to your allegations
  • Discovery from both parties
  • Discussing a settlement

Should you not come to an agreement regarding a settlement, an attorney can prepare an opening statement to deliver to a court. From there, you can expect witness testimonies, cross-examinations, and jury deliberation before receiving your verdict.

When Should I Hire a Phoenix Motorcycle Accident Lawyer?

You should hire a Phoenix motorcycle accident lawyer as soon after your accident as you can. You have a limited amount of time to file a motorcycle accident claim, and representing your own best interests is challenging.

When our team takes over your case, we let you recover from your injuries while staying on top of your case’s developments. We’ll file your claim within Arizona’s statute of limitations and prepare you for negotiations, a trial, or a combination thereof.

Can I Recover Damages If I Wasn’t Wearing a Helmet at the Time of My Accident?

Arizona law actually does not require adults to wear motorcycle helmets. All motorcyclists must wear eye protection, but only bikers under the age of 18 must wear a helmet. With that in mind, you are not breaking helmet laws if you do not wear a helmet.

Even if you can be held partially liable for your own injuries, Arizona operates on an understanding of comparative negligence. This means that you can still file a claim for compensation. Should you win your case, you will receive the financial support you requested. However, that support will be reduced by the percentage of fault you bore in an accident.

For example, say you take a motorcycle accident case to court and request $100,000 in damages. If you’re accused of contributing 20 percent of the fault to that accident, but you still win your case, you’ll receive your financial support. Instead of the requested $100,000, though, you’ll receive $80,000.

Who Can I Sue After a Motorcycle Accident?

When you think about motorcycle accident liability, the first person you’d like to hold responsible for your losses is often another driver. While you can hold another driver liable for your accident, there are other parties that may also bear responsibility for the collision. For example, your initial claim can target:

  • The company that manufactured your motorcycle
  • A maintenance team who allegedly repaired your motorcycle
  • Construction crews who didn’t uphold their duty of care on the road
  • Government officials who failed to maintain their roads
  • Pedestrians who disregarded roadway safety laws

In other words, any party that engages in marked negligence at the time of your accident may owe you damages for your losses. We can assess the circumstances that led to your accident and assign liability based on the available evidence. In turn, you can serve a summons to that liable party and fight for the post-accident financial support you deserve.

What Happens If My Loved One Dies in a Motorcycle Accident?

Arizona law specifies that you must be the spouse, child, or parent of a deceased loved one to file a motorcycle accident claim on their behalf. If you fit into one of these roles, you can file a wrongful death claim after a loved one’s motorcycle accident.

A wrongful death claim will compensate the family for what they lost when their loved one died in an accident. This would include what the deceased would have contributed both financially and to the overall fabric of the family. In addition, the family could also file a lawsuit for what their loved one experienced between the time of their injury and death.

In general, wrongful death damages in Arizona could include:

  • Lost earnings
  • Loss of companionship
  • Funeral expenses
  • Household services provided by the deceased
  • The survivors’ emotional pain from losing their loved one

Will I Need to Write a Check to Hire a Phoenix Motorcycle Accident Lawyer?

No. Zanes Law Injury Lawyers work for you on a contingency basis. This means that you owe us nothing up front. In fact, you owe us nothing at all unless we help you get a settlement or a jury award. Then, we receive payment as a percentage of what you recover.

You will not have to let a retainer get in the way of getting legal help because there is none. You will not receive an hourly bill for our services because we don’t bill by the hour. You will not receive any bill for your lawyer’s efforts during your case. When you receive a settlement, your lawyer receives payment directly without you having to write a check.

In terms of aesthetics, Phoenix has ranked near the top of some surveys as a good place to ride a motorcycle.

However, that ranking is based on weather and scenery, not safety. Arizona actually ranks in the top ten in the U.S. in terms of motorcycle fatalities. Just under one in every 1,000 bikers will die in an accident in Arizona in any given year. Urban areas are the most prone to accidents—76 percent of motorcycle accidents occur in urban areas. Most of them are in Phoenix since it is by far the largest urban area in the state.

Drivers are often not careful enough when sharing the road with a motorcyclist. A biker has every right to be in traffic, and they are allowed to travel in their own lane. However, negligent drivers could still injure them with their carelessness and recklessness.

Specifically, drivers could:

  • Drive distracted and not see a motorcyclist before they hit the biker
  • Drive aggressively and get too close to a motorcyclist
  • Motorists make illegal left-hand turns, cutting off the motorcyclist
  • Drivers open their car doors, hitting passing motorcyclists

Most people associate motorcycle crashes with operator error and single-bike accidents. However, almost two-thirds of motorcycle accidents in Arizona are with another vehicle. Most of these end up being the driver’s fault.

In addition to mistakes made by drivers, the state or city government could not properly maintain the roadway, leading to dangerous conditions. Many injured bikers do not even realize that they could sue the government.

Each case has its own unique value based on the severity of the injuries and losses you experienced. Because motorcyclists often suffer particularly serious injuries or multiple injuries from a single accident, the claim values tend to be fairly high. Determining the value of your case can be a complex process, especially if you have lasting or life-changing effects from your injuries.

The important thing is that you have a lawyer who knows what your claim is worth. The insurance company has a very good idea of the value, and they may use that knowledge to try to get you to settle for less. Without an experienced attorney by your side, you run the risk of not getting the full value of your claim because you could accept a lower offer. The key is in knowing the value of your particular claim instead of focusing on the average because a median number may not pay your particular bills.

Your motorcycle accident damages will consist of both economic and non-economic damages. The requirement is that you be placed in the same position as if you never had the accident. Your damages would include money that came out of your pocket or that you could not earn. They would also compensate you for how the accident has taken away from your life.

Your damages could cover:

  • Medical bills
  • Lost wages or reduction in your earning capacity
  • Rehabilitation and home health care
  • Pain and suffering
  • Wrongful death
  • Loss of enjoyment of life

You can receive damages for both what you experienced in the past and what you will go through in the future. It is hard to look years out into the future and know what your medical costs could total. This is why you need the expertise of a motorcycle accident attorney in Phoenix who knows what to seek in damages.

It seems very subjective to measure how difficult your life has been since your accident. After all, you cannot expect an insurance adjuster to stand in your shoes. The insurance company will try to assign an objective measure to your damages. They may select a multiplier to assign to your medical bills and call that pain and suffering.

Oftentimes, this greatly underestimates your damages. This is why you need a motorcycle accident lawyer to stand up for you when the insurance company is trying to pay you less than you deserve. We will tell your story, and if the insurance company will not listen to you, we will take your case to a jury who may be more receptive.

Many people think that their case is over when the insurance company makes a settlement offer. The truth is that it may only just be the beginning. Insurance companies are notorious for making low settlement offers. They have little to lose in your case. They know that you need the money, and they think that they can save by dangling a lowball offer in front of you. Claimants should take the time to do their homework before they sign any settlement agreement. This is where we help you.

Chances are that your attorney will need to reject the initial settlement offer and file a demand letter that states the detailed damages you deserve and why. You can count on going through a few rounds of offers and counteroffers before you reach a deal, if you can agree at all.

Most motorcycle accident cases will settle at some point. Many of them resolve at the claims stage with the insurance company. While they will be difficult to negotiate with, the insurance company has an incentive to avoid a trial. You always have the right to file a lawsuit in your case, provided that you do it before the statute of limitations expires.

Even if you take your case to court, there is no guarantee that you will have a trial. Both sides usually continue talking settlement throughout the trial, and most cases reach an agreement before they reach the jury. In the end, only about five percent of personal injury cases will ever go to trial.

The legal process does not generally happen quickly. There are many phases, and each could take time to develop.

Here is what you can expect if your case goes to court:

  • Your lawyer will begin the case by filing a complaint and serving it on the defendant
  • The defendant will have a chance to answer all the allegations in the complaint
  • The two parties will go to discovery, which includes giving each other documents and answering questions
  • Discovery could include having your deposition taken
  • If there is no settlement, your case will have a trial in front of the jury with witnesses and evidence
  • The jury will issue a verdict in your case, and if you succeed, they will award damage

 

When riding on a motorcycle, there is little to nothing to protect you from impact with a car or the pavement. Even with the most extensive safety equipment, chances are that a motorcyclist will sustain injuries in an accident. In many cases, the force of an accident will throw motorcyclists from their bikes. This means they can make direct contact with the pavement, often at high speeds. When that happens, they will suffer severe trauma. In addition, bikers may also suffer road rash when their body skids across the pavement.

Sometimes, there are perceptions of motorcyclists as risky. They do not always get a fair shake from insurance companies that are more than willing to point the finger at them. Regardless of a bias against bikers, the laws are very clear. If another motorist is to blame for your injuries, they must pay compensation.

However, you need someone to fight for you and make sure that you receive fair treatment. A Phoenix motorcycle accident attorney will stand up for your legal rights if the insurance company is trying to wrongly blame you for the accident or reduce the amount of compensation that you deserve.

As soon as possible after your accident. When you or a loved one have suffered serious motorcycle accident injuries, there is practically zero chance that you could be your own advocate throughout the legal process. Even if you knew how to get the maximum amount of compensation, your injuries may deprive you of the physical ability to handle your own case.

Even before you filed a claim, there are steps that you need to take quickly. For example, you would lose much of the evidence proving your claim if you do not act quickly to preserve it. However, gathering evidence and tracking down witnesses are difficult to do when you suffered injuries. An attorney handles all of these for you as they build your claim for compensation.

Arizona law actually does not require adults to wear motorcycle helmets. All motorcyclists must wear eye protection, but only bikers under the age of 18 must wear a helmet. Thus, you are not breaking a law if you do not wear a helmet. No matter what you did, you can always recover financially from an Arizona motorcycle accident to some extent if someone else caused your injuries.

In some cases, the motorcycle itself was to blame for the crash. The bike or a part may have been defective. In that case, you could file a product liability lawsuit against the manufacturer.

You could allege that the motorcycle had:

  • A design defect
  • A manufacturing defect
  • A marketing defect (such as the failure to warn about a safety problem)

The court would analyze whether the motorcycle was unreasonably dangerous. At Zanes Law Injury Lawyers, we have experience in product liability lawsuits. You could also file a lawsuit against the repair shop that did a poor job of fixing your motorcycle if that was the cause of the accident.

We can perform a full investigation as soon as you hire us to pinpoint the cause of your accident. Even if you were in a single-bike accident, there may be a chance that you could receive compensation if something was wrong with your bike.

You can file a wrongful death claim. Arizona law specifies who can file a wrongful death claim. Usually, it is the surviving spouse who will file the claim, and the children can also receive a portion of the proceeds.

A wrongful death claim will compensate the family for what they lost when their loved one died in an accident. This would include what the deceased would have contributed both financially and to the overall fabric of the family. In addition, the family could also file a lawsuit for what their loved one experienced between the time of their injury and death.

In general, wrongful death damages in Arizona could include:

  • Lost earnings
  • Loss of companionship
  • Funeral expenses
  • Household services provided by the deceased
  • The survivors’ emotional pain from losing their loved one

No. Zanes Law Injury Lawyers work for you on a contingency basis. This means that you owe us nothing upfront. In fact, you owe us nothing at all unless we help you get a settlement or a jury award. Then, we receive payment as a percentage of what you recover.

You will not have to let a retainer get in the way of getting legal help because there is none. You will not receive an hourly bill for our services because we don’t bill by the hour. You will not receive any bill for your lawyer’s efforts during your case. When you receive a settlement, your lawyer receives payment directly without you having to write a check.

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