Motorcycle accidents can leave you with severe, life-changing injuries.
If another driver’s negligence caused the crash, you may be entitled to compensation for medical expenses, lost wages, and other damages from your injuries. The Phoenix, AZ motorcycle accident lawyers at Phillips Law Group have decades of experience obtaining fair compensation for victims of a variety of traffic accidents, including motorcycle collisions.
We take cases on contingency, which means your first consultation with our trusted personal injury attorneys is free and you will not be charged legal fees unless we recover compensation. Motorcycle collisions are serious, and we want to assist you however we can.
Phillips Law Group is passionate about fair legal representation to help motorcycle accident victims receive compensation and move forward with their lives. Please don’t hesitate to contact us today to see how we can help you with your motorcycle crash case.
Establishing Fault After a Motorcycle Accident
Under Arizona law, there are three key elements that determine who is at fault for a motorcycle accident. These are:
- Duty: The other driver has a duty of reasonable care. In other words, all drivers are expected to obey traffic laws and operate their vehicles in a safe manner.
- Breach of duty: The other driver breached that duty of reasonable care. For example, the person may have broken a traffic law or driven in an unsafe manner.
- Damages: To receive compensation, there have to have been damages incurred as a result of the other driver’s breach of duty.
In some situations, fault for the accident can also be shared between two parties. Arizona’s comparative negligence laws differ from some other states. An injured party in Arizona can still receive compensation even when partially at fault for an accident.
For example, what if an injured party is determined to be 25 percent at fault? That person would still be entitled to receive 75 percent of the damages in compensation. In these situations, it is important to not only establish liability but also the degree of fault.
Accidents are stressful for those involved and their families. Establishing fault can be a complicated and difficult process. Thus, it is important to work with an experienced legal team to help you through the process. A Phoenix, AZ motorcycle accident attorney can help determine liability.
Common Injuries in Motorcycle Accidents
According to the NHTSA, motorcyclists are 4 times more likely to be hurt in a collision than a passenger vehicle occupant. Since injuries are more common among this group, financial compensation is more often received by the involved motorcyclists as well.
Some injuries may only become apparent hours, or even days, after an accident. You should be aware of the different injuries that could affect you. Any collision-related condition could mean that you may be entitled to receive financial compensation.
Common injuries in motorcycles collisions include:
Both the type and severity of injuries can affect the compensation that you are entitled to receive. Document your injuries and keep track of medical and other expenses to back up your side of the story. A Phoenix, AZ motorcycle wreck attorney from our firm could help ensure you receive the full amount of damages for your injuries after a motorcycle collision.
What Can Be Included in Damages for a Motorcycle Wreck?
The exact amount of damages and what qualifies as damages can vary, depending on your specific circumstances. Anyone involved in a collision may suffer damages including:
- Lost income: If you miss work due to an accident, you may be entitled to compensation
- Future lost income: Almost a one-fourth of motorcycle accidents in Arizona involve people aged 25 to 34; these are prime years to earn income and save for retirement
- Medical bills: You can be compensated for direct medical costs resulting from your accident
- Damage to your property: This includes damage to your motorcycle
- Pain and suffering: This includes the physical pain you experience now and can reasonably expect to experience in the future
- Post-traumatic stress disorder: You may be entitled to compensation for the emotional toll the accident takes on you
These are just a few possible damages to be covered by your settlement. Filing a lawsuit against someone personally at fault for an accident may be possible, though perhaps not the best option.
When to Sue Someone Personally After a Motorcycle Accident
In Arizona, it is mandatory for motorists to have liability insurance. In some circumstances, it is more effective to deal directly with an insurer. The right decision will depend on your specific case.
Factors that determine whether a personal lawsuit is the right choice:
- Insurer is not negotiating in good faith: Insurers are motivated to keep settlements as low as possible. Less compensation for you means more profit for the insurance company. In some cases, the insurer may be unwilling to negotiate.
- Disputing liability: If the other party disputes liability, or even the degree of liability, there may be a need to file a personal lawsuit against the driver.
- Defendant has assets: These may include current or future personal wages or business income and related assets.
Making the choice to sue can be a challenging decision. It is important to contact a lawyer as soon as possible after your accident. An experienced motorcycle accident lawyer with Phillips Law Group in Phoenix, AZ can assist you in dealing with insurers, gathering needed evidence to ensure the maximum possible compensation.
Most Common Causes of Motorcycle Accidents
Although you may practice safety precautions while riding, such as wearing appropriate safety gear, obeying the speed limit, and avoiding lane-splitting, it is a simple fact that you cannot control the actions of other drivers on the road. While it is true that a motorcyclist’s negligence can result in a collision, far too often, the cause of many motorcycle accidents has been a negligent automobile driver.
Some examples of driver negligence include the following:
- Distracted driving: There are various forms of distracted driving, such as texting and talking on the phone, eating and drinking, or engaging with passengers. Once the attention of a driver is directed away from the road, an accident involving a motorcycle may result.
- Driving while intoxicated: When a driver is under the influence of alcohol or drugs, his or her judgment is impaired and reflexes are slower. This results in weaving in and out of lanes or driving on the wrong side of the road, which can result in a motorcyclist being struck.
- Fatigued driving: The Centers for Disease Control and Prevention (CDC) estimates that in just the past 30 days, on average, 1 out of every 25 drivers has fallen asleep at the wheel. Driver fatigue can be due to several factors such as a sleep disorder, the influence of medications, or just simply a lack of sufficient rest.
- Reckless driving: Types of reckless driving include speeding, failing to yield, and running red lights and stop signs, just to name a few. When automobile drivers engage in reckless driving, not only does a collision usually result, but if the accident involves a motorcycle, the injuries to the rider tend to be catastrophic.
- Left-hand turns: One of the most potentially dangerous hazards to a motorcyclist on the road is an automobile making a left-handed turn. Most drivers are expecting to see another automobile when making a left-hand turn, not a smaller motorcycle. The result can be the car striking the motorcyclist while he or she is passing through an intersection or just attempting to pass the car.
Of course, there are several other causes of motorcycle accidents, such as poorly maintained roads, inclement weather, and mechanical problems. Even though your motorcycle was struck by another vehicle, there may be other potentially liable parties from which compensation can be sought. This is why a knowledgeable lawyer’s assistance is vital if you wish to receive full compensation for damages after a motorcycle wreck in Phoenix, Arizona.
How the Assistance of a Lawyer Can Help Your Claim
Although motorcycles are smaller than other vehicles on the road, a motorcyclist still has the same legal rights as the other drivers. As such, if you are injured in a motorcycle accident, you have the right to pursue fair compensation from all responsible parties. However, pursuing compensation is not always a straightforward process for several reasons.
First, an at-fault party may deny responsibility, which could weaken a motorcycle accident claim due to a bias that people sometimes have that motorcyclists are more reckless than auto drivers. Even if the at-fault party accepts responsibility for the accident, this same bias can be used by insurance adjusters in an effort to decrease the value of a settlement.
Further, as was mentioned, there may be other potential third parties who share a measure of responsibility for damages suffered. For example, if cracks or potholes in the road contributed to the motorcycle accident, a municipality or government may be found liable. Or, if it is discovered that a faulty motorcycle part was the cause, then the manufacturer could be liable. Identifying all potentially liable parties requires extensive investigative work.
These are just some of the reasons why it would be absolutely crucial to have the assistance of a team of knowledgeable lawyers, like at Phillips Law Group, helping you with your motorcycle accident claim every step of the way. Additionally, if you have lost a loved one in a motorcycle accident, your lawyer would file a wrongful death lawsuit for the family to receive a measure of compensation for the loss.
Taking Advantage of a Contingency Plan
Despite the uncertainties, some law firms charge you for their services whether or not you gain any advantage. Yet, at Phillips Law Group, our top priority is to maximize your compensation so you can recover your financial stability.
To ensure our legal team can meet your needs regardless of your financial status, we do not charge fees to start a personal injury case. Instead, we work on a contingency basis.
The word “contingency” refers to a possible outcome in the future. No one can guarantee a favorable outcome for every legal case. Yet, our tenacious attorneys build our strong record of success by combining our intensive knowledge of personal injury law with an aggressive work ethic.
Our Phoenix, Arizona motorcycle accident attorneys charge nothing until you win your case or recover damages in a settlement. You might be wondering why we would take such a chance. The answer is that we will do our best to ensure a favorable outcome.
Suppose you have just received good news. You won your motorcycle accident case. What happens now?
Pay nothing out of pocket
Our law firm will take a specific percentage which we disclose before you hire us. These charges will cover expenses such as:
- Court costs
- Travel and lodging
- Administrative tasks (e.g. drafting letters and emails, printing and mailing documents, handling communications with insurance companies)
- Records (e.g. police reports, medical records)
- Research and data storage
- Depositions and interviews of witnesses, experts, and others
You can breathe a sigh of relief because your fees will come from your settlement. If you lose your case, you will not owe us anything.
Review your agreement
Perhaps during your initial consultation or sometime after, you decided to trust your case to our professionals. After considering your legal needs, our legal team explained your anticipated fees and gave you a written copy. This document will indicate how much you will come from the money awarded to you.
Collect your personal injury damages
The liable party will pay damages, usually through their insurer. Our lawyers can seek compensation for:
- Medical bills
- Lost wages
- Loss of earning potential
- Pain and suffering
If you are a close relative (or estate representative) filing on behalf of a deceased victim, you can pursue the preceding damages in a wrongful death lawsuit. You could also claim reimbursement for funeral, cremation, and burial costs.
In 2020, an estimated 82,528 motorcycle riders were injured. As a survivor, the circumstances of your crash are unique. Schedule a free, personalized consultation today to learn the costs of pursuing personal injury damages for your accident.
How to Reduce Your Legal Costs
After a motorcycle accident, your life may never be the same. Financial compensation is a way of getting justice and economic relief for your losses.
Would you like to save on legal costs? Follow these simple guidelines:
- Avoid costly mistakes. Insurance companies often employ experts whose sole purpose is to reduce operating costs. Before accepting a settlement from insurers, contact our law firm to ensure you get every penny you deserve. The phone call and initial consultation are free.
- Remember, state deadlines apply. You must file civil actions within specific time limits in the United States. If you hesitate too long, you could forfeit your rights to a cash settlement. Click the chat icon to ask a representative how long you have to file.
- Be honest. Do you think you might have contributed to your accident? Letting us know will help us focus on preparing the strongest case possible for you.
- Be thorough. Share any information you think could be relevant, even if it seems minor. If you remember something or find new evidence, contact us without delay. The more details we know, the better job we can do representing your interests.
Even more satisfying is when you can accomplish your goals affordably. We look forward to meeting your needs.
Hire a Phoenix, AZ Motorcycle Accident Attorney Today
Phillips & Associates understand how financially devastating motorcycle accidents can be. Yet, we do not believe someone’s finances should undermine his or her human rights. Therefore, our lawyers are willing to invest our time and resources without upfront fees.
Why? Our attorneys believe you deserve quality representation, and we are confident in our ability to represent your interests successfully. Since 1993, our talented personal injury team has won more than $1 billion for our clients, and we have plenty of fight left in us.
Money should never get in the way of justice. You pay nothing unless you win.
Request your free consultation today with a Phoenix, AZ motorcycle accident lawyer from Phillips Law Group. Our representatives are here to listen 24/7. There is no obligation, so contact us now.
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