Motorcycle Accident Lawyers In Tucson Arizona

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.

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.

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 fa

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.

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.

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.