Motorcycle Accident Lawyers In Tucson Arizona

A motorcycle crash can be life-altering for a motorcyclist. Often, severe injuries, long-term disabilities, or death can result from a motorcycle accident. If your accident occurred due to a motorist’s negligence, you may be entitled to monetary compensation for lost wages, medical expenses, or other damages that have resulted from your injuries.

Personal injury law is all we do. Our attentive and compassionate team offers 60 years of combined experience in obtaining fair compensation for victims in multiple kinds of traffic accidents. And with a 98 percent success rate, our skilled Tucson motorcycle accident lawyers have won thousands of cases for injured victims.

We operate on a contingency fee basis, which means we’ll only get paid if we win your case. Schedule your free consultation today to begin discussing the matters of your case with an attorney who knows how to build a strong case to best support your efforts in acquiring fair compensation for the damages that resulted from your motorcycle crash.

Motorcycle Accident Injuries

The Tucson motorcycle injury attorneys at Pincus & Lespron have handled their fair share of motorcycle cases, some of them resulting in especially serious, life-altering injuries. Such grave injuries that can occur due to a motorcycle accident may include:

  • Broken bones
  • Damage to internal organs
  • Internal bleeding
  • Loss of a limb
  • Road rash
  • Severe bruising
  • Severe lacerations
  • Soft tissue injuries in the neck
  • Spinal cord injuries
  • Traumatic brain injuries

You will require immediate care following a motorcycle accident if you have endured these or any other injuries. Ongoing treatment may also be necessary for multiple weeks or months afterward, allowing you to properly manage your system and begin making a recovery as smooth as possible. Nevertheless, the monetary expenses associated with immediate and continuing medical care following a motorcycle crash are typically much more substantial than many initially realize. These medical bills range significantly, from thousands to tens of thousands, to hundreds of thousands of dollars.

However, with a compassionate and knowledgeable Tucson motorcycle accident attorney from Pincus by your side, you can file an insurance claim or personal injury lawsuit to assist you in recovering financial compensation for the entirety of your medical expenses, like:

  • Ambulance ride following the crash
  • Blood tests
  • Canes
  • Crutches
  • CT scans
  • Doctor’s appointments
  • MRIs
  • Physical therapy
  • Prescription drugs
  • Rehabilitation
  • Surgery
  • X-rays

Types of Compensation

The caring and experienced personal injury attorneys at Pincus & Lespron may be able to assist you in recovering numerous types of compensation through an insurance claim or a personal injury lawsuit.

Lost Earning Capacity

As a result of life-altering injuries that often result from motorcycle crashes, victims may not be capable of returning to their jobs, or their ability to perform different elements and tasks associated with their profession may become limited. Moreover, specific physical limitations may force some victims to pursue entirely new career paths, ultimately damaging their earning capacity now and in the future.

If your ability to earn a wage has been at all negatively affected by your injury, you may be entitled to receive compensation for your lost earning capacity. Your projected earnings had you not suffered the injury, based on your prior education, experience, and skills, serve to calculate the financial compensation to which you’re entitled.

Lost Wages

Personal injuries usually make returning to work right away challenging or close to impossible, and motorcycle accident-related injuries are no exception. As a result of your motorcycle crash injury, you may miss hours, days, or even weeks of work without being compensated for your lost wages.

If this occurs, a skilled Tucson personal injury attorney from Pincus will know the best route to pursue compensation for the entirety of the lost wages that resulted from your injuries, including wages lost for work missed while visiting the doctor to receive necessary medical care. At Pincus & Lespron, personal injury law is all we do. Our Tucson motorcycle accident attorneys can assist you in acquiring documentation for your lost wages, like doctor’s notes, as well as documentation indicating missed work time and your pay rate from your employer.

Pain and Suffering

A fair amount of physical pain and emotional suffering tend to follow injuries caused by a motorcycle accident. Feelings of anxiety, depression, fear, and sleeplessness would constitute emotional suffering. Additionally, many victims continuously replay the events of the crash in their heads. However, because these emotional burdens do not have any assigned financial worth, it can be challenging to gather evidentiary documentation. But an experienced Tucson motorcycle crash lawyer will be able to assist you in acquiring documentation for such damages to help illustrate their severity. Medical records that convey the physical and emotional troubles you have faced due to the accident may serve to support your claim. Moreover, it can be advantageous to keep a journal in which you record your daily physical and emotional pain. Collecting a substantial amount of evidence of your pain and suffering can undoubtedly boost your likelihood of receiving this type of financial compensation.

Property Damage

By filing an insurance claim or personal injury lawsuit, your Pincus Tucson motorcycle crash lawyer can work toward compensation for the repair or complete replacement of your motorcycle if any damages persist from the accident. Nevertheless, filing an insurance claim will only allow you to recover property damage compensation up to the other driver’s insurance policy limit. Your Pincus & Lespron can collect proper documentation of the cost of your vehicle’s damage or your vehicle’s fair replacement value to assist you in acquiring your deserved compensation in court.

Kinds of Motorcycle Crash Cases In Tucson AZ

With the help of a skilled Pincus & Lespron Tucson motorcycle crash attorney, you may be able to obtain compensation for the injuries you’ve suffered due to another driver’s negligence. Our team offers a wealth of experience in dealing with several kinds of motorcycle accidents, some of the most common being:

  • Car-door accidents: This kind of crash happens when a motorist opens their car door into an active traffic lane, leading a motorcyclist to crash directly into the car door.
  • Lane-change accidents: This kind of crash happens when a car collides into a motorcyclist when veering into another traffic lane.
  • Left-turn crashes: This kind of crash happens when a motorist and motorcyclist are heading in opposite directions. The motorist makes a left turn into or in front of a motorcyclist passing through an intersection.
  • Rear-end crashes: This kind of crash happens when a car crashes into the back of a motorcycle due to failing to stop in time at a stop sign or red light.

Causes of Motorcycle Accidents

Multiple forms of driver negligence tend to cause motorcycle accidents, the most common of which include:

  • Disobeying traffic signs and signals
  • Distracted driving
  • Driving over the speed limit
  • Driving while under the influence of drugs or alcohol
  • Failing to yield to a motorcyclist at an intersection
  • Fatigued driving
  • Following too closely behind a motorcycle
  • Not checking blind spots when switching lanes
  • Not utilizing turn signals
  • Not scanning for motorcyclists when entering a road

It can be stressful and challenging to conduct an in-depth investigation by yourself. The highly skilled Tucson personal injury attorneys at Pincus & Lespron know how to thoroughly and adequately capture photos promptly following an accident, which are likely to better document the scene than those taken several days or weeks afterward.

You deserve to receive financial compensation for the injuries, expenses, and lost income that resulted from a motorcycle crash that occurred due to another driver’s negligence. A search for “motorcycle accident lawyer Tucson” or “motorcycle accident law firm Tucson” should direct you to Pincus & Lespron. Contact us today to schedule a free consultation. If another driver was at-fault for your crash, you should receive fair compensation for the damages you’ve suffered. And our team will be happy to assist you in pursuing the legal action necessary to make that happen.

Motorcycle Crash FAQs

In the aftermath of a motorcycle accident in Arizona, it is common for victims to experience feelings of confusion, stress, and anxiety. A whole host of questions are likely to arise if you or a loved one have suffered grave injuries in a motorcycle crash. The following questions are some of the most commonly asked concerning motorcycle collisions. Evaluating these questions and corresponding answers may allow you to more strongly comprehend the events of your accident, as well as the most practical subsequent steps for you.

When I Ride a Motorcycle in Arizona, Do I Have to Wear a Helmet?

Anyone not wearing a helmet is subject to being deemed negligent for failing to do so. Consequently, any injuries that occur due to not wearing a helmet cannot be pursued against the negligent party. Thus, always wearing a helmet can help to protect motorcyclists and their legal rights.

Arizona Revised Statute 28-964 outlines the helmet laws applicable in Arizona. And under this statute, helmets must be worn by motorcycle riders and operators younger than 18. Currently, the Arizona helmet laws do not mandate that helmets be worn by riders or operate older than 18 years of age. Nevertheless, wearing a helmet at all times when you ride or drive a motorcycle can help safeguard you from a multitude of serious injuries. Advocates for Highway & Auto Safety found that the risk of head injury can be reduced by 69 percent and the risk of death by 42 percent just by wearing a helmet when riding or operating a motorcycle. 

Proposed in the Arizona State Legislature on April 22, 2019, HB 2246 would have required all riders and operators of motorcycles to wear helmets. Alternatively, a fee could be paid to avoid wearing helmets altogether. But after being assigned to the House Rules Committee, this bill died. Nonetheless, wearing a helmet at all times, whether driving or riding on a motorcycle, can help you avoid grave injuries or even death.

Do Motorcyclists Need to Wear Safety Gear, Aside from Helmets?

Even though only motorcyclists younger than 18 are required to wear helmets under the current helmet law, all motorcyclists must utilize other safety gear. Unless your vehicle is equipped with a protective windshield, Arizona helmet law mandates that all motorcyclists wear either a clear face shield or protective goggles.

And motorcyclists should utilize other safety gear, even though the current Arizona helmet law does not require it. Wearing safety gear can protect you from dangerous elements in the environment if you are involved in an accident. For example, protective pants made of leather or Kevlar, a motorcycle jacket, and motorcycle gloves can help to prevent more serious injuries if an accident occurs. Moreover, it is essential to have rain gear on hand in the event of precipitation and cold weather gear if your travels may lead you to the mountains. 

If I Don’t Think I’ve Suffered Any Injuries, Do I Need to See a Doctor Following a Motorcycle Crash?

It is imperative to see a doctor as soon as possible following your involvement in a motorcycle crash. Many individuals commonly experience a rush of adrenaline in the immediate aftermath of an accident, which is your body’s natural fight or flight response to encountering a dangerous situation. However, an adrenaline rush can prevent you from noticing your injuries.

Many potentially serious injuries may not present symptoms initially. If you do not seek immediate medical care, any existing internal injuries that resulted from the crash could become more severe if not treated promptly and adequately. Examining you and inspecting for hidden injuries, a doctor can help support your accident claim by illustrating a connection between the accident and the injuries you’ve suffered. And failing to obtain immediate medical treatment can allow the insurance company to claim that your injuries were not the result of your accident but a previous event.

What Happens When the Motorcyclist and the Motorist Share Fault?

The motorcyclist and the motorist can share fault for causing an accident in some cases. If you were partially at-fault for a crash and have suffered injuries, an opportunity for you to recover compensation from the other motorist may remain.

Arizona follows the doctrine of comparative negligence. And so, according to Arizona Revised Statute 12-2505, if you are partially at-fault for an accident, you can recover compensation from the motorist with whom you share the blame. Who was at fault and what percentage of the responsibility belongs to each party is for the jury to decide. The rate of fault that you had in causing the accident will be deducted from your gross reward if the jury chooses to return a verdict award in your favor. Because of this, it is common for defendants to attempt to argue shared responsibility with the plaintiffs, diminishing the total amount they’ll be required to pay. For example, if the jury returns a verdict in your favor that totals $1 million and establishes that you were 10% to blame for the crash, you will ultimately receive a gross award of $900,000.

Who is Most Commonly at Fault for Motorcycle Accidents?

Many people have a common misconception that motorcyclists are responsible for their own accidents more often than not. Public perception tends to identify motorcyclists as probable risk-takers, thus at-fault for the collisions in which they’re involved. Revealing the opposite to be accurate, the Hurt Report was a landmark study commissioned by the National Highway Traffic Safety Administration. This study examined the causes of motorcycle accidents and found that motorists were responsible for causing two-thirds of all motorcycle accidents in the study. Though this study took place in 1981, it was the most extensive study conducted on the causes of motorcycle accidents and is still relevant today.

However, because misconceptions regarding motorcyclists are widely held, it may be arduous to prove that a motorist was responsible for causing your accident. You may need to present the jury with strong evidence, which is where Pincus & Lespron comes in. Our attorneys are attentive and compassionate and know how to collect the evidence to best support your claim and prove that the motorist was to blame for your collision.

Steps Your Tucson Motorcycle Accident Lawyer May Take

At Pincus & Lespron, our attorneys always try to settle out of court first. However, if settlement is not an option, there are numerous steps that should be taken:

  • In an official complaint filed with the court clerk, outline the plaintiff’s reason for suing the defendant, as well as the plaintiff’s desired outcome.
  • During the discovery process, supply all requested information.
  • Go before a judge/jury.
  • As needed, provide testimony during the trial.
  • Accept the judge’s decision or the jury’s verdict.
  • If the losing party believes something improper occurred, such as in law or evidentiary,, they may appeal to the court’s next level.

In Arizona, Where Do Accident Victims File Motorcycle Accident Cases?

For motorcycle accidents that occur in the state of Arizona, you will need to file your personal injury claim in either the state or federal court. The majority of cases do not reach the court and get resolved before ever heading to trial. Nevertheless, there are instances where it is not possible to avoid trial.

Arizona State Court System

The bulk of motorcycle accidents filed in Tucson will go to the Pima County Superior Court. It falls beneath the Superior Court of Arizona, which serves as the state’s general jurisdiction court. Each individual county in the state has a minimum of one superior court judge. This judge acts as the appellate court for appealed cases from the municipal and justice courts. And these judges must meet multiple requirements, verifying their experience with Arizona law.

Moreover, two different Arizona courts can hear appealed cases: The Court of Appeals Divisions 1 and 2. Located in Phoenix, Division 1 has 16 judges. Meanwhile, Division 2 in Tucson seats six judges. And every case brought before the Court of Appeals is presented to a panel of three judges.

The Appeals Court typically hears appealed decisions from the Superior Court. However, certain more severe cases, like death penalty cases, are brought directly before the Arizona Supreme Court. Though, it is essential to note that the Arizona Supreme Court is the court of last resort. A Petition of Review must be filed to appeal a ruling from the Court of Appeals. This petition is then evaluated by the justices of the Arizona Supreme Court. If the panel of judges decides that the appeal has merit, they will go on to review the case. But if they determine that the appeal lacks merit, the Court of Appeals’ decision will stand.

Disclaimer

The information contained herein is not legal advice, and no legal representation is present without a signed writing stating so.  The information contained herein is general, and not specific.  You may not rely upon any information contained above for any reason; such as using it to form any ideas/actions about your potential case.  Please call us, and speak with one of our attorneys, should you have any questions.  Thank you.

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