Motorcycle Accident Lawyers In Phoenix Arizona

Thousands of motorcyclists commute through Phoenix each day. Motorcycles offer residents an ideal mode of transportation to enjoy Phoenix weather. Nonetheless, the consistently growing number of vehicles traveling on Phoenix roadways has led to a rise in motorcycle crashes.

A motorcycle accident can have life-changing effects for a motorcyclist. It is common for motorcyclists involved in crashes to sustain severe injuries and suffer from long-term disabilities, or even death. You might be entitled to compensation for medical expenses, lost wages, or other damages caused by your injuries if your accident was the result of another driver’s negligence. 

Through a search of “motorcycle accident lawyer phoenix” or “motorcycle accident attorney phoenix,” you’ll find Pincus Law Firm. Our Phoenix motorcycle accident attorneys are highly skilled and have 60 (maybe 45 is more accurate for PLF) years of combined experience in acquiring victims’ deserved compensation in numerous types of traffic accidents. And our team has a 98 percent success rate, amounting to thousands of cases won for injured victims.

We take cases on contingency, which means that we only receive our fee if we win. Contact us today to schedule your free legal consultation and begin working with an attorney who knows how to build a strong case to support your best interests and obtain fair compensation for your suffering.

Motorcycle Crash Injuries and Forms of Compensation In Phoenix AZ

Numerous critical, life-changing injuries can occur as a result of a motorcycle accident. Some of those injuries 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

If you have sustained these or any other injuries resulting from a motorcycle crash, you will require immediate care following the accident. Moreover, you’ll also likely need ongoing medical care in the weeks and months afterward to deal with symptoms and have your best chance at recovery. However, the cost of immediate and lasting medical treatment in the aftermath of a motorcycle accident tends to be significantly more expensive than many individuals assume. Such medical care can range from thousands to tens of thousands, or even hundreds of thousands of dollars.

Nevertheless, with the help of an experienced Phoenix motorcycle accident lawyer, you may be able to obtain compensation for the entirety of your medical expenses by filing an insurance claim or a personal injury lawsuit. Such costs might consist of an ambulance ride following the crash, blood tests, canes, crutches, CT scans, doctor’s appointments, MRIs, physical therapy, prescription drugs, rehabilitation, surgery, or x-rays.

But there are several additional forms of compensation that a skilled Phoenix motorcycle attorney from Pincus Law Firm may be able to assist you in recovering via an insurance claim or personal injury lawsuit, like:

  • Lost Earning Capacity: Unfortunately, it is common for severe injuries to be life-changing for individuals, as they may hinder their ability to return to work and perform different aspects of their profession. As a result of physical limitations caused by motorcycle accidents, some victims must pursue entirely different lines of work, which can ultimately be detrimental to their current and future earning capacity. Suppose the injuries you’ve suffered have negatively affected your earning ability. In that case, you may be entitled to financial compensation, calculated based on your projected earnings before the injury based on your education, experience, and skills.
  • Lost Wages: Personal injuries tend to make it arduous or physically impossible to return to work right away, specifically those that result from motorcycle accidents. This could lead you to miss hours, days, or even weeks of work for which you will not receive compensation. In the event that this happens to you, your Phoenix motorcycle accident attorney may be able to pursue compensation for the wages you’ve lost due to your injuries, like wages you may have lost while attending a doctor’s visit to receive medical care. Our team can help you retrieve necessary documentation for lost wages, like doctor’s notes and documentation from your employer, identifying your missed work time and hourly wages or salary.
  • Pain and Suffering: As a result of sustaining an injury caused by a motorcycle crash, it is common for individuals to experience a substantial amount of pain and emotional suffering. Emotional suffering may consist of feelings of anxiety, depression, fear, or sleeplessness. Some may even frequently relive the accident in their heads.
  • Property Damage: Your Phoenix motorcycle accident lawyer can pursue compensation through an insurance claim or personal injury lawsuit for the replacement or repair of your motorcycle and personal property or gear if it sustained damages as a result of the accident. However, it is essential to note that filing an insurance claim will only allow your attorney to recover property damage compensation up to the limits set by the other party’s insurance policy. By collecting appropriate documentation for the cost of your vehicle’s damages or your bike’s fair market value, your Pincus Law Firm personal injury attorney can assist you in attempting to obtain your deserved compensation. 

Types of Motorcycle Accident Cases

Pincus Law Firm’s knowledgeable Phoenix motorcycle accident lawyers have worked on a variety of different types of motorcycle accidents. You might be able to acquire compensation if you endured injuries as a result of another driver’s negligence in several common types of motorcycle accidents, such as:

  • Car-door accidents: These are accidents that occur when a driver opens their car door next to an active lane of traffic, causing a motorcyclist to crash into the door.
  • Lane-change accidents: This type of accident occurs when a car veers into another traffic lane, colliding into a motorcyclist.
  • Left-turn crashes: These are crashes that occur when a car is heading in the opposite direction as a motorcyclist. While a motorcyclist is passing through an intersection, the vehicle makes a left turn into or in front of the motorcyclist.
  • Rear-end crashes: This type of crash occurs when a car fails to stop in time at a stop sign or red light, crashing into the back of a motorcycle.

Causes of Motorcycle Crashes

There are several forms of driver negligence that commonly result in motorcycle accidents, such as:

  • Failing to yield to a motorcyclist at an intersection
  • Following a motorcycle too closely
  • Disobeying traffic signals or signs
  • Distracted driving
  • Driving under the influence of drugs or alcohol
  • Drowsy driving
  • Exceeding the posted speed limit
  • Not checking blind spots when switching into another lane
  • Not utilizing turn signals
  • Not watching for motorcyclists when entering a road

Regardless of the type of motorcycle crash you have experienced, the team at Pincus Law Firm is knowledgeable on how to conduct a thorough investigation properly, determining whether the other party behaved negligently. When investigating your crash, a Phoenix motorcycle accident attorney may gather photos taken at the scene of the accident to highlight the damage your vehicle endured. Moreover, your attorney may also do the following to support your case: take pictures of your injuries to record their severity, acquire police reports, consult with medical experts to learn how your injuries resulted from the crash, and even reconstruct the accident to figure out how negligence played a role in your injuries.

Furthermore, it would be to your advantage to take photos following the crash if you are able. In comparison to photos taken days or weeks after the fact, photos taken of your injuries, your motorcycle, and the rest of the scene immediately following the accident may serve to better document the scene.

If another driver was at-fault for your motorcycle crash, you deserve to receive compensation for the expenses, injuries and lost income you’ve suffered as a result. A simple search of “motorcycle accident lawyer phoenix az” or “motorcycle accident lawyer near me” should lead you to Pincus Law Firm. You can contact us today to schedule a free consultation, and one of our experienced personal injury attorneys will help you pursue compensation for the injuries you’ve endured.

Motorcycle Accident FAQs

It can be overwhelming, stressful, and upsetting to be involved in a motorcycle accident in Arizona. And if you sustain severe injuries or lose a loved one in a motorcycle crash, you will have many more questions and obstacles to face. The following are some of the most frequently asked questions regarding motorcycle collisions. Review these questions and answers to better understand your accident and the next steps you might want to take.

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

Anyone not wearing a helmet may be deemed negligent. Motorcyclists should always wear a helmet to prevent catastrophic injuries and protect their legal rights.

Under Arizona Revised Statute 28-964 specifically, those operating a motorcycle and passengers must wear a helmet if they are under the age of 18. And although the Arizona laws on helmets do not demand that passengers or drivers over the age of 18 wear helmets at this time, it is strongly encouraged as wearing a helmet at all times can help individuals to avoid severe injuries. According to Advocates for Highway & Auto Safety, wearing a helmet while operating or riding on a motorcycle may reduce the risk of head injury by 69 percent and the risk of death by 42 percent.

On April 22, 2019, HB 2246 was proposed in the Arizona State Legislature, requiring all operators and passengers of motorcycles to wear helmets or pay fees to avoid wearing them. However, this bill was assigned to the House Rules Committee and died. Even though this bill did not get passed, always wearing a helmet while driving or riding on a motorcycle can help you avert serious injuries or even fatality.

Besides Helmets, Do Motorcyclists Need to Wear Other Safety Gear?

Although the current helmet law in Arizona only necessitates motorcyclists under 18 years of age to wear helmets, it does require all motorcyclists to use other forms of safety gear. Motorcyclists must wear a clear face shield or protective goggles unless their vehicle is equipped with a protective windshield.

The law does not require the use of any other specific forms of safety gear, but you should wear it nonetheless. Motorcyclists should wear certified motorcycle boots, protective pants constructed from leather or Kevlar, a motorcycle jacket, and motorcycle gloves. Moreover, motorcyclists should have rain gear readily available if they encounter precipitation and cold weather gear when traveling in the mountains.

Although safety gear won’t stop accidents, it can undoubtedly help you avoid more grave injuries. In case you are involved in a motorcycle crash, it is best to wear safety gear that provides ample protection from the environment. 

Do I Need to See a Doctor if I Don’t Think I’m Injured After a Motorcycle Accident?

After you have been involved in a motorcycle accident, it is essential to see a doctor. It is common for many people to experience a surge of adrenaline immediately following a crash. This is your body’s response to the dangerous situation, and it can hinder you from realizing that you have sustained injuries.

Moreover, some individuals may not immediately exhibit symptoms of specific injuries that can be potentially severe. By seeking immediate medical attention, a doctor will be able to pinpoint any internal injuries that you may have suffered, which could worsen if not treated promptly. A doctor will examine you and inspect for hidden injuries, which can help your health and insurance claim. Seeking out immediate medical treatment will help to illustrate a connection between your sustained injuries and the accident, preventing an insurance company from claiming that your injuries resulted from an earlier event rather than the crash.

What Happens When the Motorcyclist and the Motorist Share Fault?

In certain motorcycle accidents, the motorcyclist and the motorist can share fault in causing the crash. And if you have endured an injury due to a motorcycle crash and were partially at-fault, you may still be able to recover compensation from the motorist. 

Under Arizona Revised Statute 12-2505, an individual partially at-fault is entitled to recover compensation from another motorist who shares fault, following the comparative negligence doctrine. It is left up to the jury to decide who was at fault, and what percentage of fault each party has. If the jury chooses to return a verdict award in your favor, the percentage of fault you had in the crash will be deducted from your gross award. As a result, defendants will often attempt to argue that the plaintiffs share responsibility, minimizing the total sum they’ll ultimately have to pay. For example, if the jury determines that you were 10 percent to blame and the verdict in your favor totals $1 million, your gross award will be reduced by 10 percent, giving you a total of $900,000.

Who is Most Commonly at Fault for Motorcycle Accidents?

It is a common misconception that motorcyclists are usually to blame for causing their crashes. Typically, public perception is that motorcyclists are more likely to take risks, making them responsible for their accidents. But the Hurt Report, a landmark study commissioned by the National Highway Traffic Safety Administration regarding the causes of motorcycle collisions, concluded that this is not the case. In 1981, this report determined that motorists were actually to blame for two-thirds of all motorcycle accidents in the study. Although now aged several decades, this was the most extensive study investigating motorcycle collisions’ causes and remains pertinent.

Due to the misconceptions that many may hold regarding motorcyclists, it may be challenging to prove that the motorist was at-fault in your case, necessitating that substantial evidence is presented to the jury. At Pincus Law Firm, our attorneys know how to collect evidence that can support your claim, and that may prove the motorist liable for causing your crash.

Steps Your Phoenix Motorcycle Accident Lawyer May Take

At Pincus, we always try to settle out of court first. If settlement is not an option for your motorcycle accident, then there are several steps that you must take with the help of your attorney. At your direction, your attorney will first file an official complaint with the Clerk of the Court detailing the basis for your lawsuit. Once a lawsuit is filed, the discovery phase begins, where the parties obtain sworn testimony and exchange evidence. Ultimately, if a case is unable to be settled you’ll go before a judge or jury and provide testimony as required. Once a judge comes to a decision or a jury comes to a verdict your case is resolved. However, the losing party may appeal to the next level of court if they believe something improper in the application of the law or evidence occurred.

At this point, you’ll go before a judge or jury and provide testimony as required. Once a judge comes to a decision or a jury comes to a verdict, you’ll need to accept the ruling. However, the losing party may appeal to the next level of court if they believe something improper occurred, such as in law or evidentiary.

Where Do Accident Victims File Motorcycle Accident Cases in Arizona?

In the state of Arizona, you’ll file your personal injury claim for motorcycle crashes in either state or federal court. However, it is imperative to note that most cases do not ultimately make it to court. Although most get resolved before trial, there are still circumstances when cases must reach the court.

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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