Riding a motorcycle gives one an unmatched sense of freedom and exhilaration, with highlights including the feel of the open air and fantastic views along Arizona’s roads and highways. Unlike automobile drivers and passengers, however, motorcyclists do not have protective steel frames, airbags, and other safety features. When an automobile or large truck collides with them, the consequences can be serious and even fatal.
If you are a motorcyclist who has been injured in a crash, you could be facing – among other losses – significant medical bills, lost earnings, and a diminished quality of life. You will need zealous legal representation to fight for the compensation you deserve. Gill Law Firm is ready to serve you.
Common Causes of Motorcycle Accidents
Motorcycle accident victims have the burden of proof, meaning they are responsible for proving that the at-fault party negligently caused their accident. It therefore helps for the victim to understand some of the most common causes of these wrecks. Among them are:
- Distracted driving: Drivers have a legal duty to safely operate their vehicles by avoiding distractions such as cell phone use, disruptive passengers, and reaching around for items inside the vehicle. If a driver is distracted, they may cause a major accident.
- Impaired driving: All other drivers are at risk when a motorist is intoxicated or impaired due to alcohol or drugs. Even if the drug is legal, a driver should not get behind the wheel if their vision, reaction time, or other faculties are diminished.
- Speeding: Driving over the speed limit and driving too fast for the prevailing weather or traffic conditions can easily cause a motorcycle wreck. Because motorcyclists are relatively exposed and their bikes are much lighter than passenger vehicles, they could be severely hurt.
- Following too closely: Also known as tailgating, following another vehicle (including a motorcycle) too closely will increase the chances of a rear-end crash. The driver is simply unable to slow down and apply the brakes in time to avoid a wreck.
- Disobeying traffic signals and rules: Running a red light or stop sign is illegal, and could be strong proof of negligence. The same applies to ignoring the rules of the road like yielding to other vehicles.
- Automobile problems: A driver’s vehicle may not be suitable to operate, and key components like braking systems could fail. This might point to negligence on the part of the driver (e.g. failure to obtain proper maintenance) or a vehicle manufacturer defect.
- Unsafe roads: Government agencies can be held liable for failing to maintain roads and thereby rendering them unsafe. However, there are different rules that apply when suing the government, so speak with our Buckeye, Arizona personal injury team.
Who May Be Held Liable for an Arizona Motorcycle Accident?
Depending on the circumstances of your case, there may be various individuals or entities who were responsible for your crash. The more parties who can be named as a defendant, the more compensation you are likely to win. Potentially liable parties include:
- The other driver
- A bar or restaurant who served too much alcohol to a drunk driver
- Vehicle and parts manufacturers
- Repair shops and mechanics
- Governmental entities
- Road construction contractors
We work to identify all parties who may have been at fault for your accident, and then demand the monetary compensation that will help you recover.
Possible Damages in a Motorcycle Accident Case
You could be seriously hurt in a motorcycle accident and in need of various damages to help get your life back on track. The nature and amount of damages which a victim can claim will vary, but possible examples include:
- Past, present, and future medical bills
- Lost income and job benefits
- Decreased earning capacity and future income and benefits
- Disability and long-term nursing care
- Pain and suffering, emotional anguish, and loss of enjoyment of life
- Property damage (motorcycle and other personal property)
- Out-of-pocket expenses
Some of these are losses that a victim may be reasonably expected to incur in the future. You have the right to ask for these, and an expert witness can explain to a court what their value may be. For instance, a medical expert witness can discuss future treatments you will need and how much they could cost.
Steps to Take After a Motorcycle Accident in Arizona
If you or a loved one were in a motorcycle crash, we strongly recommend you take the following steps:
- Call 911: Report the accident and ask for emergency medical attention if needed. The police will later give you a report that will contain vital information about the crash.
- Seek immediate medical attention: Even if you do not believe you were hurt or that your injuries are minor, let a doctor make that call. Otherwise, you could jeopardize your health and legal rights.
- Take pictures and record video: Before the accident scene is cleaned up and vital evidence is destroyed, you should take pictures and record video of it along with damage done to your motorcycle and other vehicles. You may wish to do the same to document your injuries.
- Talk to witnesses: If there were witnesses to what happened, get their names and contact information. The testimony of these individuals could prove vital in your case.
- Avoid talking to the at-fault party or their insurer: You should avoid speaking with the driver or other party who caused your wreck, and certainly do not apologize (even if you think you caused the accident). The same is true for the at-fault party’s insurance company, who you should refer to your attorney.
- Retain a knowledgeable motorcycle accident lawyer: An accident attorney can investigate the wreck and obtain evidence, determine how the crash occurred and whose fault it was, file and serve the necessary court papers for your lawsuit, and negotiate with the insurers and their attorneys for a fair settlement.
Contact Our Buckeye Motorcycle Accident Attorney
Gill Law Firm understands the stress you are experiencing as you recover from your injuries and worry about medical bills and financial costs. We are committed to helping victims so they can heal and move on. Connect with us by completing our online contact form so we can get started with your case.