One technique that motorcycle riders sometimes do to avoid a catastrophic accident is to lay down their motorcycle. This is purposefully letting the bike fall sideways and get away from you while you slide on the ground. This almost always causes injuries, and riders sometimes wonder if this emergency maneuver denies them compensation.
The answer is that it depends. Our Phoenix motorcycle lay down accident lawyerss at Zanes Law will go over what happened and see if laying down your bike was justified under the circumstances, then build a case to fight for your compensation. Here are some challenges of these cases.
Why Lay Down Your Bike at All?
In older motorcycles, brakes and tires weren’t as reliable as they are now. Brake locking was common. The idea was that if you laid the bike down and let it pull away from you, you’d reduce your level of injuries compared to a straight-on crash.
On a modern bike, this is not advised. Advances in materials and brake technology mean that you’re more likely to bleed off momentum staying upright and braking than spilling off the bike. Also, despite a persistent myth, laying down your bike will almost certainly injure you even if you have full leather protection. Common injuries we see include:
- Broken bones
- Road rash and degloving
- Internal bleeding
- Neck, spinal cord, and head injuries
- Traumatic brain injury (TBI)
Your body also has less friction than the bike tires. Laying down a bike won’t stop you in your tracks. You could skid along the ground uncontrollably for quite some time, hitting whatever is in the way. Unless your bike is about to go over a cliff and you must get away to save your life, we don’t recommend laying down your bike.
For a free legal consultation with a lay down motorcycle accidents lawyer serving Phoenix, call 866-499-8989
Legal Challenges With Motorcycle Lay Down Accidents
Since laying down your bike will cause you to get injured, it’s easy for an insurance company to challenge your motorcycle accident claim. How much of your injuries were your responsibility because you chose a risky maneuver, and was it justified? This is where an experienced motorcycle lay down accident lawyer in Phoenix really helps.
First, let’s look at the legalities. Arizona uses a pure comparative fault rule. This means that as long as you’re not 100% responsible for the accident, you can make an insurance claim or sue. Your percentage of fault reduces your compensation.
Of course, this means that if you’re over 50% at fault and get counter-sued, you could end up owing the other side money. Plus, the insurance company may try to say you don’t have a claim at all because you were completely responsible for your injuries.
Phoenix Lay Down Motorcycle Accident Lawyer Near Me 866-499-8989
What We’ll Have to Prove
Our attorneys and accident reconstruction experts will have to build a case that shows that laying down your bike was the safest option you had. For example, if a slow car pulls out in front of you with no room to stop the bike, and there’s no place to dodge around it on either side because of obstacles, laying down might avoid a fatal accident.
Also, we have to prove that the other driver’s actions put you in a dangerous situation. We have to show they were negligent, and that what they did was the ultimate cause of your accident. If we can convince the insurance company that you have a legitimate claim, we can proceed with calculating damages.
If the insurance company continues to deny your claim, we can force them to go to court with a lawsuit. It may be the only way to get them to compensate you for your injuries, but going to court always carries risks. Your motorcycle accident attorney can help you weigh whether or not it’s worth it.
What Compensation Could I Get?
Like all motorcycle accident cases, you can get compensation for economic and non-economic damages related to your crash. You can receive money for things like:
- Medical bills
- Medication and medical gear
- Lost wages
- Lost potential income
- Pain and suffering
Without the help of a motorcycle accident attorney, it’s difficult to get the full amount you’re owed, especially when the insurance company will try to fight your claim because of a lay down maneuver. Don’t face them alone. Call Zanes Law for help.
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Call Zanes Law About your Phoenix Lay Down Accident
If you had to lay down your bike in a motorcycle accident, or your loved one did it and died because of their injuries, reach out to our experienced Phoenix motorcycle lay down accident attorneys. The insurance companies will try to deny you compensation. We’ll fight back against their claims.
We’re committed to getting you as much compensation as possible. Call us to schedule a free consultation about your case. We’ll tell you legal options and how we can help you. You will owe us no money unless you win your case, so there is no risk to you. Call today or contact us by email through our website.