At Esquire Law, we understand the challenges that arise after a motorcycle accident. As your trusted Phoenix motorcycle accident lawyer, our dedicated team of legal professionals will provide you with experienced representation tailored to your needs. Committed to loyalty, trust, and respect, we guide you through legal complexities while safeguarding your rights.
Our experienced Phoenix motorcycle accident attorneys are ready to fight for your rights. With our core values of teamwork, growth, and determination, we work diligently to help you recover the compensation you deserve. Contact us today for a free consultation, and let us be your advocates during this challenging time.
Common Causes of Motorcycle Accidents in Phoenix
Motorcycle accidents can lead to devastating consequences, causing injuries, property damage, and even wrongful death. In Arizona, there were 3,165 motorcycle crashes, accounting for 2.59% of all accidents statewide, and 258 fatalities—the highest figure in at least 20 years according to the Arizona Crash Stats Report of 2023. Understanding the common causes of motorbikes accidents in Phoenix is essential for both riders and motorists. Below, we take a closer look at these common causes:
- Failing to check for motorcycles. Many accidents occur when drivers fail to check for motorcycles before changing lanes or making turns adequately. Other motorists can easily overlook motorcycles as a result of their smaller size.
- Speeding. Excessive speed is a leading factor in many accidents. Speeding reduces the amount of time drivers have to react to changing road conditions and increases the severity of accidents.
- Tailgating. Following a motorcycle too closely can lead to rear-end collisions. These collisions are particularly dangerous for motorcycle riders who lack the protection of a vehicle’s frame.
- Driving While Distracted. Distractions, such as texting or eating, divert a driver’s attention from the road and increase the risk of motorcycle accidents.
- Failing to yield the right of way. Motorists failing to yield the right-of-way to motorcycles at intersections or when merging can lead to serious collisions.
- Failing to leave enough space for a motorcycle to pass. Motorcycles can maneuver through traffic in ways that larger vehicles can’t. Failing to leave enough space can lead to accidents when a motorcycle attempts to pass.
- Running red lights or stop signs. Ignoring traffic signals and signs can lead to dangerous collisions between motorcycles and other motor vehicles.
- Drunk driving. Operating a vehicle under the influence of alcohol or drugs impairs a driver’s judgment and reaction time. This increases the risk of accidents.
- Fatigued driving. Fatigue can lead to lapses in attention and slower reaction times, making it dangerous for motorcycle riders and drivers.
- Negligent vehicle maintenance. Mechanical failures because of inadequate vehicle maintenance can cause accidents, endangering motorcycle riders and others on the road.
- Improper Passing. Incorrectly passing other vehicles can lead to collisions, especially if the driver fails to notice an approaching motorcycle.
- Unsafe turns. Incorrectly making left turns in front of an oncoming motorcycle is a common cause of accidents.
If you or a loved one got hurt in a motorcycle crash due to someone else’s negligence, call Esquire Law. Our experienced Phoenix motorbike accident lawyers understand the unique challenges that motorcycle riders face on the road and are here to aid you in pursuing rightful compensation. Our team handles all these types of accidents and more, ensuring you have comprehensive support no matter the circumstances.
Arizona Motorcycle Accident Laws
Motorcycle accidents can be life-changing, and understanding Arizona motorcycle accident laws is essential to protect your rights. At Esquire Law, we guide you through these important laws, ensuring you have the knowledge you need during a challenging time. Whether it’s helmet requirements, lane-splitting rules, or understanding your rights as a motorcyclist, our experienced Phoenix motorcycle accident lawyers are here to help you navigate these legal complexities.
In Arizona, helmets are required for riders and passengers under the age of 18. While adults aren’t legally required to wear helmets, we always recommend it to enhance safety. Our team will also explain how lane-splitting regulations impact motorcyclists in Phoenix. Unlike some states, Arizona prohibits lane-splitting, but a new law allows for lane filtering under certain circumstances, which our lawyers can help you understand and apply to your case.
Time is of the essence when it comes to legal claims. Arizona law gives you two years to file a personal injury claim, so it’s crucial to act quickly.
Arizona’s pure comparative fault system allows you to recover damages even if you’re partly at fault. However, your compensation will be reduced by your percentage of fault in the accident, making strong evidence crucial.
At Esquire Law, personal injury law firm, we know that navigating motorcycle accident laws can be overwhelming, but you don’t have to do it alone. Trust us to stand by your side, fight for your rights, and support you every step of the way. Contact us today for a free case evaluation, and let us be your advocates in your pursuit of justice.
Motorcyclist Insurance Coverage in Arizona
Arizona requires all motorcyclists to carry minimum liability insurance of $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage (A.R.S. § 28-4009). However, these limits may not cover all expenses in a serious crash, so higher coverage is often advisable.
Uninsured and Underinsured Motorist (UM/UIM) Coverage is not mandatory but highly recommended. If you’re hit by a driver with no or insufficient insurance, these coverages help pay for your medical costs and damages. Medical Payments Coverage (MedPay) is also an optional but beneficial add-on that covers medical expenses regardless of fault.
After an accident, navigating the insurance process alone can be challenging. An experienced lawyer can handle negotiations and ensure you receive the compensation you deserve. Contact Esquire Law for support and a free policy review.
Motorcyclist Accident Compensation You May Be Entitled To
After a motorcycle accident, Arizona law allows for various types of compensation, depending on your case. Here’s what you might be entitled to:
- Medical Expenses: Includes costs for hospital bills, surgeries, rehabilitation, ongoing care, and any future medical needs related to the accident.
- Lost Wages and Loss of Earning Capacity: Compensation for wages lost due to time away from work during recovery. Damages for any decrease in your ability to earn a living if your injuries have long-term effects on employment.
- Property Damage: Covers the cost of repairing or replacing your motorcycle. Reimbursement for personal belongings damaged in the crash.
- Non-Economic Damages:
- Pain and Suffering: Compensation for physical pain, emotional distress, and overall diminished quality of life caused by the accident.
- Emotional Distress: Covers psychological impact, anxiety, depression, and trauma from the accident.
- Punitive Damages:
- Awarded in cases of egregious misconduct, such as drunk driving or extreme negligence.
- Intended to punish the at-fault party and discourage future negligent behavior.
Calculating the full extent of compensation requires careful analysis of both current and future damages. An experienced attorney will evaluate your claim, negotiate with insurers, and build a strong case to pursue maximum recovery. At Esquire Law, we are dedicated to helping you receive the compensation you deserve.
Motorcyclist Accident Liability
In Arizona, liability in a motorcycle accident depends on who is at fault. The state’s “at-fault” system means the party responsible for causing the accident is liable for damages. This could include negligence such as speeding, distracted driving, or failure to yield. Under pure comparative fault rules, even if you’re partially at fault, you can recover compensation—reduced by your share of fault.
Liability is influenced by factors like traffic laws, road conditions, and the actions of all parties. Proving fault requires gathering evidence like police reports, witness statements, and photos. An attorney can investigate thoroughly, identify all liable parties, and build a strong case to maximize your recovery.
Why Are Phoenix Motorcycle Accident Claims More Complex?
Motorcycle accident injury claims can be more complex than other types of accidents. Here’s why:
- Motorcycle Riders tend to suffer more serious injuries. Due to the lack of protection, motorcycle riders are more vulnerable to severe injuries. This leads to higher medical bills and a longer recovery process.
- The at-fault driver may not have enough insurance coverage. Many motorists carry only the minimum insurance coverage required. This might not be enough to compensate for your injuries and losses fully.
- At-fault driver may try to blame the accident on the motorcycle rider. Bias against motorcycles can lead to unfounded claims that the motorcycle rider was at fault. Our experienced attorneys know how to challenge these claims and fight for your rights.
Don’t stress when dealing with the complexities of a motorcycle accident claim. Having an experienced legal team on your side can make all the difference. At Esquire Law, we’re dedicated to helping motorcycle accident victims recover the compensation they need to move forward.
Why Hire a Phoenix Motorcycle Accident Lawyer?
If you’ve been injured in a motorcycle crash, our attorneys in Phoenix can provide you with numerous benefits during this challenging time.
- Provide legal counsel, guidance, and insight on your options. Our experienced attorneys will help you understand your legal rights and options, ensuring you make informed decisions.
- Assess your losses. We’ll thoroughly evaluate the damages you’ve suffered, including medical bills, property damage, lost wages, and pain and suffering.
- Obtain and evaluate evidence. Our legal team will gather evidence, such as accident reports, medical records, and witness statements. This will help build a strong case on your behalf.
- Communicate and negotiate with your insurance company. Dealing with insurance companies can be overwhelming. Our attorneys will handle communication and negotiation to ensure you receive fair compensation.
- Take it to court if necessary. Negotiation does not always result in a fair settlement. Our skilled litigators are prepared to take your case to court to fight for your rights.
When it comes to handling auto accident claims, Esquire Law is your trusted partner. Our experienced personal injury lawyers are well-versed in personal injury law. We make it our commitment to helping you navigate the legal process.
Don’t stress If you’ve been injured in a motorcycle accident in Phoenix. We’re here to provide you with the support and guidance you need to secure the compensation you deserve. Contact us today for a free consultation.
FAQs
Motorcycle crashes often result in more severe injuries because of the lack of protection motorcycles offer. Our team can assist you in constructing a robust case. This will ensure you receive compensation for the complete extent of your motorcycle accident injuries.
Not wearing a helmet can potentially impact your claim. Not wearing a helmet doesn’t automatically put you at fault, but it might impact your compensation amount. Our experienced personal injury attorneys can help you understand the implications of your specific case.
What is the most important thing to do after you’ve been in an accident? The first thing that you should always do is call the police. If they’re not willing to make a report, then you want to make sure that you document everything. Take photos of the vehicles, the insurance cards, the license plates, and the scene. Look around for witnesses—did anyone see the accident who can help you? Are there any cameras nearby where you can collect footage?
After that, the most important thing is to get medical treatment. Even if you don’t feel seriously injured, you should still get checked out. Often, adrenaline masks pain at the scene, and injuries can show up later. Documenting your injuries and symptoms early is one of the most important parts of bringing a successful claim.
A lot of times, when you’re in an accident, you don’t feel symptoms right away because your adrenaline is running high and you’re nervous and scared. Then later, you go home, and your symptoms start to develop, and they may develop slowly over time.
But the longer you wait to see a doctor, the more likely it is that the insurance company is going to say that something happened between the accident and the doctor’s visit that caused your injuries. They’re not going to believe that you were just at home, hoping you would get better.
The insurance company is always looking for someone else to blame for your injuries, whether they say it’s pre-existing or caused by something after the accident.
If you don’t go to the doctor right away, document your symptoms, and treat as your doctors tell you to until you feel better, the insurance company is going to argue that the car accident wasn’t the cause of your injuries, and they won’t pay you for them.
Unless you receive a policy limits offer, you should never accept the first settlement offer. Insurance companies live by under-settling your claims. They want to pay you the least amount of money so that they can increase their profits.
That is why we always advise clients never to accept the first settlement offer, and talk with an attorney about your options and what steps to take next. You would be surprised how beneficial it is to hire an attorney and how they could increase that offer from what the insurance company has already presented you with.
Insurance companies offer fast money for one sneaky reason.
What do you do if, after a crash, the insurance company is all over it? They’ve got someone evaluating your motorcycle or car, they’re offering you a check, maybe $5,000, and they’re ready to pay you right now.
Why do you think they’re so eager to get this done so quickly? They want you to take it and sign away your rights before you have the opportunity to speak with a lawyer.
Don’t fall for that trick.
The biggest red flag from an insurance company:
– You’re not at fault for the accident, and the insurance company tries to blame you? Huge red flag.
– You were in a big accident, and the insurance company tries to get you to sign a document for a small amount of money? Huge red flag.
– You’re trying to make a claim, and the insurance company is giving you the runaround and delaying your claim? Huge red flag.
– Insurance company is trying to get you to sign a release immediately? Huge red flag.
– Insurance company is offering you pennies on the dollar? Huge red flag.
– Insurance adjuster is not returning your calls? Huge red flag.
– Insurance company isn’t answering the phone? Huge red flag.
– Insurance company telling you that you can resolve it with them, and you don’t need representation? Huge red flag.
– Insurance company telling you not to worry about it, and they’ll pay for your medical bills? Huge red flag.
– Insurance company telling you, “Oh, don’t worry about it, just take this money and if you need treatment later, call us back”? Huge red flag.
– Insurance company treating you like a number, not a human being? Huge red flag.
One of the most common questions we get from clients is, what is my case worth? And here’s how we break it down. There’s honestly no way to know what your case is worth at the very beginning. And I generally tell clients—any lawyer that’s giving you a concrete amount or telling you what your case is worth is lying to you. There are so many factors that go into the value of your case.
Those factors include:
Applicable insurance coverage:
– How much coverage is there?
– What are the policy limits?
– Does the person at fault have insurance coverage?
– Does the person at fault have assets?
– Do you have underinsured or uninsured motorist coverage?
That’s the beginning. What also goes into how much your case is worth would be your damages—so the question becomes, what are your injuries? What is it going to take to get you better? And what does your future look like?
Another thing that goes into how much your case is worth is whether or not you have lost wages, pain and suffering. There are so many factors, and there’s no way to know right away the value of your claim. It takes time.
If I am partially at fault for the accident, how does the percentage of fault get calculated? There’s no real formula. It’s really a back-and-forth argument between the insurance company and you or your attorney.
The more evidence your attorney can collect to place blame on the other driver, the less fault percentage will be placed on you. It’s really just kind of a battle.
The only way that fault percentage is truly calculated is if your case goes to trial, and a jury decides the percentage based on the evidence presented.
You were just in a truck accident. Who do you think is responsible for paying for your damages? The answer might surprise you. You might think that when you’re in an accident that the only person responsible for paying for your damages is the other driver.
In reality, there are a lot more options that we can look into for you. A lot of people can be responsible for your damages, whether that be:
– The driver
– Another passenger in the vehicle
– The owner of the vehicle, if it’s a different person from the driver
– A company that owns the vehicle
– Your insurance company, if you have the right insurance
– Maintenance workers
– Negligent HOAs
Really, there’s a whole list of possibilities for you, depending on your case, that you can recover money from.
Some people might think that we are just passive on cases. That’s all we do is wait for you to finish with the doctor’s appointments, then tell the insurance company you’re done treating, and get an offer for you. That is not the case at all.
A good personal injury attorney will hire experts to review everything. They’ll be in contact with:
The police department
Any witnesses
Any medical providers
The hospitals
The ambulances
Lawyers want to understand every detail of your case possible. And that does not come without lots of phone calls, lots of hard work, lots of emails, and lots of time. We research all the case law that’s available. We research the conditions of the road. We go to the scene of the accident. We go to the scene of the slip and fall and take pictures, ask people if they saw anything—all for you. You might think that we are only talking a little bit back and forth with the insurance company, but it is so much more than that.