Motorcycle Accident Lawyers In Tempe Arizona
A motorcycle accident can be utterly life-changing for a motorcyclist. Motorcyclists often walk away from such crashes with grave injuries or long-term disabilities. And unfortunately, many motorcycle accidents result in fatality. If you have suffered injuries due to a motorcycle crash that resulted from another driver’s neglect, you may be legally entitled to economic compensation for lost wages, medical bills, or other damages.
A simple search of “motorcycle accident lawyer Tempe” or “motorcycle accident law firm Tempe” should lead you to Pincus & Associates. Highly skilled and knowledgeable, our Tempe motorcycle accident attorneys offer more than 60 years of combined experience — obtaining the monetary compensation victims deserve in various kinds of traffic accidents. And with thousands of cases won for injured victims, our team enjoys a 98 percent success rate.
To begin consulting with a motorcycle accident lawyer with the wherewithal, knowledge, experience, and skill to construct a strong case to support your best interests, contact Pincus & Associates today and schedule your free legal consultation. We will strive to acquire the compensation to which you’re legally entitled. And with our contingency fee, we’ll only receive our fee if we win your case!
Motorcycle Accident Injuries and Types of Compensation In Tempe AZ
Many severe, life-changing injuries can result from a motorcycle crash, such as:
- 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 must receive immediate medical attention in the aftermath of a motorcycle accident, mainly if you’ve sustained those mentioned above or any other injuries. It is also quite likely that you’ll require ongoing medical care in the weeks and months following your accident. This will not only provide you with your best chance at recovery. And to make matters worse, the expenses associated with immediate and lasting medical treatment following a motorcycle crash are often much more exorbitant than people assume. The cost of such medical care can range from tens of thousands to hundreds of thousands of dollars.
However, with the help and support of Pincus & Associates, you may be able to acquire the compensation to which you are legally entitled. An experienced Pincus Tempe motorcycle accident attorney will assist you in filing an insurance claim and/or a personal injury lawsuit to cover the medical expenses incurred as a result of your accident, including the cost of ambulance rides, blood tests, canes, crutches, CT scans, doctor’s appointments, MRIs, physical therapy, prescription drugs, rehabilitation, surgery, or x-rays.
Moreover, a skilled Tempe motorcycle attorney from Pincus & Associates may be able to assist you in recovering numerous forms of compensation via an insurance claim or personal injury lawsuit, such as:
- Lost Earning Capacity: Severe injuries that result from motorcycle crashes are often utterly life-changing, hindering victims’ ability to return to work, perform basic tasks, and fulfill different aspects of their profession. Due to the physical limitations that may result from motorcycle accidents, many victims must seek out completely different occupations, potentially threatening their current and future earning capacity. If the injuries you’ve suffered due to your motorcycle crash have negatively impacted your earning capacity, you may be legally entitled to financial compensation. This compensation is calculated based on your projected earnings before your injuries according to your education, experience, and skills.
- Lost Wages: Personal injuries, particularly those that result from motorcycle accidents, often make it challenging or even physically impossible for victims to return to work right away. As a result, victims may miss hours, days, or weeks of work for which they will not receive financial compensation. If this happens to you, a Tempe motorcycle accident attorney from Pincus & Associates may be able to pursue compensation for your lost wages. We’ll help you obtain the necessary documentation for lost wages, such as doctor’s notes and documentation from your employer that identifies missed work time and hourly wages or salary.
- Pain and Suffering: It is common for those who have sustained injuries due to a motorcycle crash to experience a significant amount of pain and emotional suffering. Emotional suffering can be feelings such as anxiety, depression, fear, or sleeplessness. And some victims may even repeatedly relive the accident in their heads.
- Property Damage: Your Tempe motorcycle accident lawyer from Pincus & Associates can pursue compensation via an insurance claim or personal injury lawsuit for the repair or replacement of your motorcycle if it was damaged in an accident. Nevertheless, filing an insurance claim will only enable your Pincus attorney to recover property damage compensation up to the other party’s insurance policy limits. Compiling appropriate documentation for the cost of your vehicle’s damages or of its fair replacement value will allow your Pincus personal injury attorney to best help you attempt to acquire the compensation to which you’re legally entitled.
Kinds of Motorcycle Crash Cases
Pincus & Associates’ compassionate, kind, and skilled Tempe motorcycle accident lawyers have worked on a vast array of motorcycle crash cases. If you have suffered injuries due to another driver’s neglect, you might be able to obtain compensation in many common kinds of motorcycle crashes, including:
- Car-door accidents: These accidents happen when a driver opens their car door next to an active lane of traffic, which causes an oncoming motorcyclist to crash into that car door.
- Lane-change accidents: These accidents happen when a car veers into another active lane of traffic, crashing into a motorcyclist.
- Left-turn crashes: These crashes happen when a car is traveling in the opposite direction as the motorcyclist. As the motorcyclist passes through an intersection, the car makes a left turn into or in front of them, causing a collision.
- Rear-end crashes: These crashes happen when a car does not come to a full stop in time at either a red light or stop sign, colliding into the back of a motorcycle.
Causes of Motorcycle Crashes
Numerous types of driver negligence often result in motorcycle accidents, including:
- Failing to yield to a motorcyclist at an intersection
- Following too closely behind a motorcyclist
- Disobeying traffic signs or signals
- Distracted driving
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Exceeding the posted speed limit
- Not checking blind spots when switching into another active lane of traffic
- Not utilizing turn signals
- Not watching for motorcyclists when entering a roadway
No matter what type of motorcycle crash you have been involved in, the team at Pincus & Associates has the skill, experience, and knowledge to properly conduct an in-depth investigation and accurately establish whether the other party behaved negligently. Your Tempe motorcycle accident lawyer may request that photos be taken at the scene of the accident in an attempt to highlight the damage suffered by you and/or your vehicle. Furthermore, your attorney may take photos of your injuries to record their severity, obtain police reports, consult with medical professionals to determine exactly how the crash caused your injuries, and even reconstruct the accident scene to establish how negligence might have contributed to your injuries.
Additionally, under your Pincus attorney’s direction, it can be advantageous to take photos in the aftermath of the crash if you are able. Compared to pictures captured in the days or weeks following a collision, photos taken of your injuries, your vehicle, and the remainder of the accident scene immediately following your accident may serve to more adequately document the scene.
If another driver’s negligence caused your motorcycle crash, you deserve to receive the compensation to which you’re entitled, for the expenses, injuries, and lost income you’ve endured in the aftermath. By searching “motorcycle accident attorney Tempe” or “motorcycle injury attorney Tempe,” you’ll find Pincus & Associates. Contact us today to schedule your free consultation, and one of our kind, compassionate, and experienced personal injury attorneys will assist you in pursuing compensation for the injuries you’ve suffered.
Motorcycle Accident FAQs
Being involved in a motorcycle accident in Arizona can leave a victim feeling rather upset, stressed, and overwhelmed. If you have suffered injuries or lost a loved one in a motorcycle crash, you will undoubtedly have many more questions and challenges to overcome. The following are some of the most frequently asked questions regarding motorcycle accidents. Review these questions and answers to better understand your accidents and the next steps that might be in your best interest.
When I Ride a Motorcycle in Arizona, Do I Have to Wear a Helmet?
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.
Do Motorcyclists Have to Wear Safety Gear Other Than Helmets?
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.
If I Don’t Think I’m Injured Following a Motorcycle Crash, Do I Need to See a Doctor?
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.
If the Motorcyclist and the Motorist Share Fault, What Happens?
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.
Who is Usually at Fault for Motorcycle Accidents?
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.
Steps Your Tempe Motorcycle Accident Attorney May Take
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.
In Arizona, Where Do Accident Victims File Motorcycle Accident Cases?
In Arizona, personal injury claims for motorcycle accidents are filed in either the state or federal court. Most cases do not make it to court. Nevertheless, certain circumstances exist in which cases must be taken to trial.
AZ State Court System
Tempe’s motorcycle accidents will be sent to the Maricopa County Superior Court, which falls beneath the Superior Court of Arizona. The general jurisdiction court for Arizona has locations in each of the state’s counties. Additionally, each county has a minimum of one superior court of judges, serving as the appellate court for cases that have been appealed from the municipal or justice courts. And these judges must meet various requirements, ensuring that they are well-versed with the law, experienced, and skilled.
In Arizona, two different courts can hear appealed cases, the first of which is the Arizona Court of Appeals, Division 1. Located in Phoenix, this court seats up to 16 judges. Alternatively, Division 2 is located in Tuscon and houses six judges. And a panel comprised of three judges must hear every court brought before the Court of Appeals.
The Appeals Court usually hears appealed decisions from the Superior Court. Nevertheless, specific exceptions, such as death penalty cases, require a case be sent directly to the state Supreme Court — known as the court of last resort. You must file a Petition for Review to be evaluated by the justices of the state Supreme Court if you wish to appeal a decision from the Court of Appeals. Once they determine whether your appeal has merit, they will either review your case or decide the Court of Appeals stands.
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