Phoenix motorcycle accident attorneys have represented clients injured in motorcycle accidents for over fifteen years. Our injury lawyers in Phoenix understand how dangerous it can be to ride a bike and can help if an accident occurs.

We understand that tens of thousands of motorcycle riders commute through Phoenix on a daily basis. Our weather is ideal for riding, and the cost of fueling, operating and buying a motorcycle makes it an ideal method of transportation. However, our Phoenix motorcycle accident attorneys will tell you that, due to the increased number of vehicles on the road in Phoenix, motorcycle accidents have been on the rise. When a motorcyclist is involved in an accident, it can be life-changing. Motorcycle riders typically suffer serious injuries and long-term disabilities, as well as death. According to the National Highway Traffic Safety Administration (NHTSA) in Arizona, Phoenix motorcyclists have a five and one-half times greater chance of being in a fatal motorcycle accident than someone who is in a car.

Phoenix Motorcycle Accident Statistics

MMDAF awards_logo1If you are a motorist in Phoenix, you should be concerned by the rising number of motorcycle accidents. According to NHTSA, drunk driving causes 30% of these accidents. Another factor in motorcycle accidents is that riders are less protected compared to other motorists. For example, they lack the protection that airbags and seatbelts offer. As a result, our motorcycle accident lawyers in Phoenix see first-hand that riders are more likely than other motorists to die in an accident.

Furthermore, this NHTSA report indicates that 14% of the total accidents in Phoenix involve motorcyclists. This amounts to 5,000 motorcycle deaths every year and over 88,000 injuries. These accidents can happen anywhere at any time and, in most circumstances, the motorcyclists are the victims. What’s more, the NHTSA indicates that these injured motorcyclists are not at fault in about 80% of the accidents. According to the Center for Urban Transportation Research, the blame for these accidents goes to the drivers of the passenger vehicles. These wrecks cause great loss in terms of injuries, medical bills, pain and suffering, and lost wages. If you are a motorcyclist who has been injured in an accident, you have a right to legal representation. Call our firm, where you can find the best motorcycle accident lawyers in Phoenix.

The Importance of Hiring Experienced Phoenix Motorcycle Accident Attorneys

Traffic accidents can happen at any time, and they often lead to pain, damage, and trauma. Therefore, it’s important to have a legal representative who can handle your case and attend court proceedings as you recover.

3 Reasons Why You Should Hire a Motorcycle Attorney in Phoenix After an Accident

AzTLA awards_logo4There are a number of reasons why you need legal representation from a qualified Phoenix motorcycle accident attorney. These include:

  • A good motorcycle accident lawyer in Phoenix will play a crucial role in helping you recover any incurred damages.
  • An attorney will save you the hassle of following up on any deserved compensation. If you are uninsured, your accident can be costly in terms of medical bills and damages. Your lawyer will ensure that your receive compensation for medical treatment, hospitalization fees, and other costs.
  • Your lawyer will help obtain evidence in support of your case by interviewing witnesses. There are some accidents that can be hard to prove, so having an attorney is valuable. For example, if you’re in a situation where one part of the motorcycle was faulty, it can be hard to determine the exact cause of the accident.

Our Phoenix motorcycle accident attorneys will build a strong case for you. Sometimes the police skip certain details when collecting evidence, resulting in an incomplete accident investigation. Having an attorney will be extremely useful for identifying those mistakes.

In case of a motorcycle accident, you can contact our Phoenix motorcycle accident attorneys. Our lawyers understand the importance of helping you and your family get compensation. Fighting for victims’ rights is the reason why the people on our team became personal injury lawyers in the first place. We are there to fight for you, prove the cause of your accident, and ensure that the responsible parties are dealt with in accordance with the law.

Establishing Negligence in a Motorcycle Accident Claim

ASLA awards_logo3In order to hold another motorist responsible for an accident, a motorcyclist must first demonstrate that the other individual was negligent. Only a showing of negligence will result in a successful injury claim at trial. There are four elements of proving negligence: duty, breach, causation, and damages.

The first step to prove negligence requires establishing that the other driver owed the motorcyclist a duty of care. Without a duty of care, the at-fault party would not be liable for any damages stemming from the accident. Every motorist owes a duty of care to the motorcycle riders they share the road with, so this element is often easier to prove with the assistance of a skilled Phoenix motorcycle accident lawyer.

The second element requires proof this duty of care was breached. The most common examples of breach include traffic violations like speeding or reckless driving.

Next, the motorcyclist must show that the injuries they suffered are directly linked to the other driver’s breached duty of care. This link is known as causation.

Finally, a successful claim requires compensable damages. To prove damages, the rider must show they suffered physical, emotional, or financial harm from the accident and that the negligent party owes them a financial compensation to offset the costs of these harms.

What Your Motorcycle Crash Lawyer Will Do

Doug Zanes

Doug Zanes, Phoenix Motorcycle Accident Lawyer

There are many complicated aspects to motorcycle accident cases, and our lawyers will evaluate them all in order to protect you. Our motorcycle wreck lawyers in Phoenix will collect and analyze all of the data from the scene of the accident. We will take photos of the scene, obtain and review all of your medical records, hire any experts necessary, and negotiate with insurance companies. We will fight to get your case the resolution that you deserve.

We provide our clients with services that are a notch higher those of our competitors. Our Phoenix motorcycle accident attorneys have specialized in the area of motorcycle accidents and have extensive knowledge about it through our years of experience. We understand that every case is different and calls for special attention. Our lawyers have handled hundreds of Phoenix motorcycle accident cases and have negotiated settlements that led to millions of dollars in compensation for victims and their families. Call today to learn more.

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:

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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