Motorcycle Accident Lawyers In Tempe Arizona

Individuals who fail to wear a helmet are subject to being deemed negligent for not doing so. Thus, any injuries that occur as a result of failing to wear a helmet cannot be pursued against the negligent party. With that being said, motorcyclists should always be sure to wear a helmet, which will help protect their legal rights.

According to Arizona Revised Statute 28-964, individuals operating a motorcycle and passengers must wear a helmet if they are younger than 18 years of age. But even though the current Arizona state laws on helmets do not mandate that passengers or drivers older than 18 years of age wear helmets, wearing a helmet at all times is strongly encouraged as it can help individuals to steer clear of grave injuries. And Advocates for Highway & Auto Safety have established that wearing a helmet while riding on or operating a motorcycle can minimize one’s risk of head injury by 69 percent and death by 42 percent.

HB 2246 was proposed in the Arizona State Legislature on April 22, 2019. If passed, this bill would require all passengers and operators of motorcycles to wear helmets or pay a fee to avoid doing so. After being assigned to the House Rules Committee, this bill was not passed. Regardless, making sure to always wear a helmet while driving or riding on a motorcycle can help you avoid serious or fatal injuries.

The current helmet law in Arizona only requires motorcyclists younger than 18 years of age to wear helmets. However, it does mandate the use of other kinds of safety gear. Unless their vehicle is equipped with a protective windshield, all motorcyclists must wear a clear face shield or protective goggles.

Although motorcyclists are not required to use any other specific types of safety gear under Arizona law, many items should be used for added safety. For example, certified motorcycle boots, protective pants constructed from leather or Kevlar, a motorcycle jacket, and motorcycle gloves are highly advised. And having rain gear readily available in the event that you should encounter precipitation and cold-weather gear when traveling in the mountains is also suggested.

Even though safety gear cannot prevent a crash, it can help motorcyclists and passengers to avoid more severe injuries. Thus, it is essential to wear weather appropriate safety gear when operating or riding on a motorcycle, particularly if you become involved in a crash.

In the aftermath of a motorcycle accident, it is critical to seek out medical attention. Many individuals experience a surge of energy following a crash, which can be attributed to the body’s response to the dangerous situation. However, this can hinder you from realizing the gravity of the injuries you’ve sustained.

Additionally, individuals may not exhibit symptoms of specific injuries, many of which can be particularly severe, immediately after an accident. By seeking immediate medical care, you’ll allow a doctor to locate any hidden, internal injuries that could become more serious if left untreated, supporting both your health and your insurance claim. Moreover, promptly seeking medical treatment in the aftermath of your crash will help establish a connection between the injuries you’ve suffered and the accident, stopping insurers from claiming that an earlier event caused your injuries.

In numerous cases, the motorcyclist and motorist can share fault in causing an accident. Nevertheless, if you have suffered an injury as a result of a motorcycle crash to which you were partially at-fault, there may still be a chance for you to recover monetary compensation from the motorist.

Arizona Revised Statute 12-2505 establishes that an individual partially at-fault remains entitled to recover compensation from another motorist who shares fault, in line with the comparative negligence doctrine. The responsibility of deciding who was at fault and what percentage of fault each party has belongs to the jury. And if the jury chooses to return a verdict award in your favor, the percentage of fault you had in the accident will be deducted from your gross reward. It is common for defendants to argue that the plaintiffs share responsibility, as this reduces the total sum they’ll wind up having to pay. For instance, if the jury determines that you were 10 percent to blame and the verdict in your favor totals $1 million, your gross reward will be reduced to $900,000.

There is a common, widespread misconception that motorcyclists are more often than not to blame for causing the crashes they’re involved in. Public perception favors the assumption that motorcyclists are more likely to take risks, making them responsible for their accidents. However, the Hurt Report, a landmark study commissioned by the National Highway Traffic Safety Administration regarding the causes of motorcycle collisions, refutes this misconception. Published in 1981, this report established that motorists were at-fault for two-thirds of all motorcycle accidents in the study. Now several decades old, it was the most extensive study investigating motorcycle crash causes and remains incredibly important.

As a result of these misconceptions that many still hold regarding motorcyclists, it can be challenging to prove a motorist’s fault in your case. Significant, substantial evidence must be presented to the jury to prove that you did not behave negligently. At Pincus & Associates, our lawyers know how to compile evidence to support your claim, proving the motorist liable for causing your collision.

At Pincus & Associate, we always try to settle out of court first. However, if a settlement is not an option, there are several steps we will assist you in taking to pursue economic compensation. First, we’ll help you to file an official complaint with the court clerk explaining your reason for suing and your desired outcome. Next, during the discovery process, which occurs just prior to trial, you’ll be required to provide any requested information to the court.

At this juncture, you’ll go before a judge or jury, providing testimony as required. Ultimately, once the judge comes to a decision or a jury comes to a verdict, you’ll need to accept the ruling. Nonetheless, if the losing party believes that something improper occurred, such as in law or evidentiary, they may appeal to the next level of court.