Like all civil claims, negligence in Tucson motorcycle accident cases is determined by assessing evidence and questioning all the parties involved. Unfortunately, many people have a bias against motorcyclists, and proving fault can be more challenging in these cases. At Zanes Law, our determined motorcycle crash attorneys could anticipate these biases and help you build a fact-based case against the other party.

Investigating Fault in Motorbike Cases

Attorneys determine fault by analyzing the facts they uncover in their investigations. Legal professionals typically review police accident reports, traffic camera footage, medical bills, and other vital records. It is also crucial to gather testimonies from all relevant parties involved in the accident, including all witnesses.

Seasoned lawyers often analyze pictures of the scene of the crash as well. Skid marks on the road can help estimate the vehicles’ speeds and the directions they were traveling. A lawyer familiar with investigating civil claims could help an individual determine who is primarily responsible for their motorcycle accident.

Investigators Working with Law Enforcement Agencies

Police officers typically have little knowledge of motorcycle mechanics. If the officer conducting the investigation does not know crucial information about how motorbikes accelerate, brake, and turn, they might not be able to identify the liable party correctly. This is why it is essential to retain legal counsel.

What is Comparative Negligence in Tucson?

Tucson is a comparative negligence jurisdiction, meaning civil plaintiffs who are partially responsible for their damages can still recover compensation in an accident claim. However, the court will reduce the injured party’s damages by their percentage of fault. This differs from contributory negligence jurisdictions, in which partially liable plaintiffs cannot recover compensation at all.

The Impact of Partial Fault in a Motorcycle Accident Claim

In Tucson, if an injured motorcyclist is found to have been speeding or changing lanes incorrectly at the time of the crash, the court may deem them partially responsible for their damages.

With motorbike accident claims, fault may be attributed to a rider even if that person drove as safely as they could at the time. For example, if a car cuts off a motorcycle, that motorcyclist might lay their bike down on the road to avoid a collision. Though this is a common technique used to prevent severe accidents, the court may still attribute a small percentage of fault to the injured motorcyclist.

If the injured party bears 20 percent of the fault for the accident, an attorney experienced in motorcycle cases could help that person obtain 80 percent of the full compensation they would have gotten based on the value of their claim.

Prejudice Against Motorcyclists

Many people believe all motorbike riders are reckless drivers. While this is not true, it can harm an injured party’s accident claim. The opposing party might argue that the motorcyclist was speeding and therefore partially responsible for the crash.

However, a knowledgeable lawyer might point out that motorcycles accelerate much faster than the average car. Just because the vehicle accelerated quickly does not mean the rider was speeding. Tucson residents should team up with an experienced attorney who could prove the opposing driver is the only negligent party in the motorcycle crash.

Who Can Have a Motorcycle Insurance Claim or Lawsuit Filed Against Them?

Anyone who causes a motorcycle accident could have an insurance claim or a lawsuit filed against them. For example, the passenger of a motorcycle could file a claim against the driver if the driver’s actions caused the accident. Similarly, a motorcyclist could file a claim against the driver of another vehicle if it is apparent their negligent actions led to the crash. A skilled motorcycle accident lawyer in Tucson could help an injured person determine which party involved in their accident could be held liable for damages.

Manufacturer Negligence and Motorcycle Product Defects

Arizona Revised Statutes Annotated § 12-681.5 establishes a cause of action for injuries arising from a defective product. The term product is not limited to finished goods. It also includes components that comprise or are used to repair the completed item. Defective product claims fall into the following categories – design flaws, production mistakes, or inadequate warnings and instructions.

Design defects involve problems with the overall plan for creating the product and result in inherently hazardous items. Successful plaintiffs must show that an alternative, safer design was possible and would not have interfered with the item’s utility.  Production defects result from manufacturing errors. In these cases, the good is not fundamentally dangerous, rather specific items or lots are unsafe because of a production mistake. Warning or labeling defects involve a manufacturer’s failure to provide sufficient or accurate information about the product and any foreseeable risk while using it.

Some accidents involve only one type of error. In others, multiple or overlapping mishaps contribute to the harm and may involve more than one defendant. Ariz. Rev. Stat. Ann. § 12-681.3 extends liability beyond producers to all persons or entities involved in exposing the public to the faulty item. Seasoned litigators may help injured parties in Phoenix identify all those in the supply chain responsible for promoting defective motorcycles.

Call Today to Discuss Negligence in Tucson Motorcycle Accident Cases

Proving liability is one of the most important aspects of any personal injury claim. At Zanes Law, our team is well versed in establishing negligence in Tucson motorcycle accident cases. Reach out to our office today to set up an initial consultation.

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