Motorcycle Accident Lawyers In Phoenix 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.

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. 

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.

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.

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.

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.