Our Tucson motorcycle accident lawyers at Zanes Law know that these accidents can be difficult to address. Motorcycle accidents can rob you of your health, financial well-being, and primary mode of transport. As a result, it may be more difficult for you to find work and support yourself or your family.
It’s in light of these losses that we strive to give you the greatest possible chance to win the damages you deserve in a motorcycle accident civil court case.
The Benefits of Working With a Qualified Attorney
Many people who have been injured in motorcycle accidents do not understand how difficult it is to litigate a case. It’s our job as motorcycle accident lawyers to both explain the legal process and provide you with the kind of representation that can make your fight for financial support simpler.
During your first case consultation, you can discuss what causes you believe contributed to your accident. With the help of your testimony and evidence from the scene, we can establish liability and build your initial claim. We can then submit your claim within Arizona’s statute of limitations. Upon the claim’s approval, we can summon the named party for talks about compensation.
All the while, you can count on the attorneys in our office to:
- Protect you from insufficient settlement offers
- Communicate with law enforcement on your behalf
- Manage outreach to possible witnesses
- Prevent intimidation tactics from the defense and their insurance provider
- Stay on top of court deadlines
You can call our office to learn more about the services we make available to motorcycle accident victims throughout Tucson.
For a free legal consultation with a motorcycle accidents lawyer serving Tucson, call 866-499-8989
Requesting Damages for Your Accident
The damages you can request after a motorcycle accident should directly reflect the losses you endured. In most cases, you can defend these requests by presenting receipts for medical care, motorcycle repairs, and lost hours at work.
There are times, however, when a motorcycle accident may entitle you to non-economic losses. If, for example, your accident resulted in the loss of a loved one, you can file for loss of consortium. While you can never put a value on your loved one’s life, we can refer to legal precedent to award you a dollar value for the tragedy you endured.
Some of the most common damages to appear in today’s motorcycle accident claims include:
- Lost wages for your time missed from work and a reduction in your earning capacity
- Pain and suffering
- Medical costs (both past and future)
- Wrongful death damages
- Emotional distress
Our lawyers use a specific formula to ensure that they request the proper amount of money, and we will show you why we have asked for a particular amount. Motorcycle accident lawyers in Tucson will help you feel confident about fighting for the amount we believe you deserve.
Tucson Motorcycle Accident Lawyer Near Me 866-499-8989
Understanding Motorcycle Accident Liability
Because drivers have a duty to watch out for motorcyclists, accidents involving motorcycles are often assumed to be a motorist’s fault. While this can be the case, there are other parties that you can name as liable in your motorcycle accident complaint.
While qualified immunity does protect some government officials from civil claims, you can still bring such a claim forward if you believe road conditions caused a motorcycle accident. You can also take up a complaint against your motorcycle’s manufacturer if you think a part failure led to a collision.
Other liable parties can include rideshare services, trucking companies, and construction crews. If you’re not sure who to hold liable for your motorcycle accident losses, look at the evidence found at the scene. If you can back your assertion of liability with witness testimonies and/or physical evidence, you have a better chance of moving your case forward.
Arizona Comparative Negligence and Motorcycle Accidents
Motorcyclists in Arizona can be held liable for their own accidents. That said, accusations of liability do not prevent you from taking legal action against another party.
Arizona uses comparative negligence to assess its civil personal injury cases. Even if you’re more than 50% liable for an accident, you can still file a civil suit. Be warned, though. Your settlement, should you earn one, may be subsequently reduced by the percentage of fault you allegedly contributed to your accident.
When to File Your Request for Damages
If you want to request damages for your motorcycle accident, you need to file your complaint within Arizona’s statute of limitations. According to A.R.S. § 12-542, you have two years from the day your accident occurs to submit your paperwork.
Should you have to recover from severe injuries during this timeframe, meeting this deadline can seem impossible. Fortunately, you have our personal injury lawyers on your side. We step in and help compile the evidence needed to establish your complaint for you. In turn, we can have your complaint on a county clerk’s desk with time to spare.
This deadline, however, makes it essential for you to contact a motorcycle accident lawyer in Tucson as soon as you can after an accident. The more time we have to compile your case, the more comprehensive your initial complaint can be.
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How to Settle a Motorcycle Accident Lawsuit
You can settle your motorcycle accident lawsuit through one of two means. Should your complaint be approved, you can summon the party you named as liable to negotiations or a trial.
These options can work in tandem with one another, with negotiations leading to a trial or even preventing a trial from going on too long. How you choose to approach them, however, is up to you. Negotiations tend to resolve more quickly than trials, but they require you to engage in more direct deliberation with both the defendant and their insurance provider.
A motorcycle accident trial, on the other hand, can last for several years. However, your right to compensation lies in the hands of a judge and jury. This means that they can bring a more objective perspective to both your losses and the evidence you choose to bring forward.
Schedule a Motorcycle Accident Case Consultation With Our Team
Motorcyclists deserve an extra degree of protection when they’re on the road. Should you find yourself in a motorcycle accident, your losses can be far more substantial than those endured by another driver. The motorcycle accident attorneys in Tucson, AZ, however, strive to make up that difference for you.
Zanes Law Injury Lawyers specializes in providing personal injury representation and guidance. When you work with our injury lawyers, you can explore the different avenues that can lead you to the financial support you deserve after a motorcycle accident. You can contact us over the phone or online to learn more about the work we’ll put in for you.
Frequently Asked Questions
When Are Drivers Responsible for Crashes?
The legal standard for deciding when a driver is responsible for injuries they cause to a motorcyclist is negligence. This is a legal term that is the result of a four-part factual test. For purposes of your case, the driver must have done something that a reasonable driver would not have done under the circumstances.
How do I Prove That Someone Else Was Negligent on the Road?
You need to support an assertion of liability with evidence gathered from the scene of your accident. Viable evidence can include:
- Photos of the collision
- Video footage from a dash camera, stoplights, or nearby buildings
- Physical evidence, including skid marks and debris
- Eyewitness testimony
- Professional witness statements from medical professionals or crime scene recreationists
- The police report from your accident
You do not have to gather nor assess this evidence on your own. Instead, you can call a Tucson motorcycle accident lawyer. While you focus on recovering, we can compare witness statements and evidence to establish the story behind your losses.
How Do Drivers Cause Motorcycle Accidents?
Drivers can cause motorcycle accidents by:
- Tailgating bikers and not giving them enough space
- Making illegal left turns and cutting across the biker’s space
- Crashing into drivers when they are texting or otherwise distracted behind the wheel
- Not paying enough attention to see the motorcyclist in their blind spots
Injured motorcyclists and their families should always contact an attorney to discuss their case regardless of what their impression is about what happened.
What If I Was Partially to Blame for My Motorcycle Accident?
Arizona is a comparative negligence state. Even if you are more than half to blame for your own accident, you can still recover a percentage of your damages based on your share of the fault.
What, though, does reasonable roadway behavior look like for motorcyclists in Arizona? Motorcyclists over the age of 18 are not required to wear helmets on the road, though they should invest in proper protective gear.
This means that an underequipped motorcyclist who is speeding on the road may still be entitled to legal compensation. However, Arizona’s comparative negligence lens may reduce the aforementioned compensation by the percentage of fault the motorcyclist contributed to their own accident.
Are Motorcycle Accident Settlements Worth More Than Your Average Personal Injury Case?
There are no special rules that make motorcycle accident settlements worth more than the average personal injury case. Similarly, there’s no such thing as an average motorcycle settlement. Instead, these settlements are as varied as any other. Your settlement will depend on the injuries you sustained, the property you lost, and the emotional damages you’ve suffered.
To put it another way: the more severe your accident is, the larger your possible settlement may be. In most cases, your request for compensation can include:
- Medical bills related to essential post-accident treatments
- The replacement of damaged property
- Motorcycle repairs and diminished value
- Lost opportunities to work
- Emotional trauma, PTSD, and/or pain and suffering
- Wrongful death and funeral expenses
You can discuss what unique means to compensation you may be entitled to during an initial case consultation with our attorneys.
How do I Address Wrongful Death After a Motorcycle Accident?
Like every state, Arizona has a law that allows family members to file a wrongful death lawsuit against the responsible driver. If there is a surviving spouse, they may file this case. Children would also have the ability to join this lawsuit. Arizona law establishes an order of precedence if the deceased did not have a will in place before the accident.
A wrongful death lawsuit would compensate the family for what they lost when their loved one passed away. This could include:
- The lost future earnings of the deceased
- Their own emotional trauma and grief
- Compensation for the loss of the deceased person’s presence and support
If your loved one did not die immediately, you may also be able to receive money for their losses between the time of the accident and their death.
An Insurance Provider Offered Me a Settlement – Should I Accept?
If the insurance company is offering you a quick settlement after the accident, you can probably include this under the heading “too good to be true.” They may only be offering a quick settlement because they know that you would get far more if your case went to court, and they want to protect their own exposure.
It’s always in your best interest to have an attorney review a settlement offer made by an insurance provider. After you take on that offer, you’ll waive your right to pursue legal action against a liable party in the future. With that in mind, it’s always worth calculating a possible settlement on your own time and comparing your own estimate against a provider’s offer.
What Should I do If My Insurance Claim Is Denied?
If an insurance company denies your motorcycle accident claim, you still have the means to pursue compensation for your losses. You can file a lawsuit and begin the litigation process.
Filing a lawsuit does not mean that your case is guaranteed to go to a jury. In fact, most cases never reach a jury because they settle before the case reaches that stage. However, that claim gives you the means to summon the party you believe to be liable for your losses. You can then pursue settlement negotiations with that party before having to take your case to court.
Can I Negotiate My Insurance Claim?
You can absolutely negotiate your insurance claim. If the insurance company’s offer is too low, do not hesitate to let them know and demand what you deserve. Chances are that they may come back with a better offer.
You may have to go through this process several times before you reach an agreement. The leverage that you are holding in your pocket is the right to file a lawsuit. The insurance company would incur costs defending it, and they may prefer a settlement agreement. However, they will make you work until you get to that point.
When Should I Hire a Motorcycle Accident Attorney?
You or your family should begin speaking to Tucson motorcycle accident lawyers as soon as you can after your crash. Motorcycle crashes often mean that someone has suffered a serious injury. This means that you and your family are in no condition to deal with the legal process that could include gathering evidence and dealing with the insurance company.
In addition, A.R.S. §12-542 only gives you two years from the time of the injury to file a lawsuit. You do not want to wait until close to this deadline to act. Not only could you lose the right to sue, but it will delay the check that you may badly need. The legal process takes time, and hiring an attorney could get it started quickly.
What Should I do If I Can’t Afford an Attorney?
You don’t need to have any money in your bank account to hire a lawyer after a motorcycle crash in Tucson. We will not ask you for a retainer fee, and we will not send you bills along the way by the hour. As your attorney, we receive payment only if you receive a settlement check or jury award.
When we agree to represent you, we take the risk of not being paid for our time if you don’t receive money. You do not need to write us a check. If you receive money, a percentage of your recovery would go directly to your lawyer as compensation for their services. Money should never get in the way of hiring the legal help that you need for your case.