Phoenix Motorcycle Accident Lawyers

According to recent Arizona traffic accident statistics, the number of total motorcycle crashes each year has been on the decline since 2016, but the number of motorcycle accident fatalities continues to fluctuate. In 2020, 160 bikers lost their lives while on the road. Statistics also indicate that 73 of those individuals were not wearing a helmet when the crash occurred.

If you or a loved one recently experienced a motorcycle crash that led to substantial losses, then it’s a good idea to get in touch with Phoenix motorcycle accident lawyers about your situation. Depending on what happened, you could have legal recourse. If someone else was partially responsible for the accident, then they’ll be partially responsible for paying off your losses.

Learn more about motorcycle accidents in Phoenix, the types of compensation you could receive in a lawsuit, and how to start a claim with our legal team’s help below.

Common Causes of Motorcycle Accidents in Phoenix

Like all motor vehicle accidents, nearly all motorcycle crashes are the result of human error. Many motorcycle accidents are caused by drivers themselves, whether it’s the motorcycle driver or the driver of another motor vehicle. Other collisions are caused by equipment failure, poor road conditions, or other factors. It’s necessary to identify what caused your motorcycle accident so that you can determine your legal options moving forward.

Driver Recklessness

The leading cause of all motorcycle accidents is driver recklessness or negligence. Drivers display reckless behavior when they violate traffic laws, like speeding or failing to adhere to traffic signals. Motorcycle riders can also display reckless driving behaviors by attempting to perform tricks on the road, like popping a wheelie. Drivers of traditional vehicles can also display similar recklessness by attempting to encourage speed racing or other dangerous road maneuvers.

Driver recklessness also encompasses behaviors like driving under the influence of alcohol and drugs. It also includes behaviors like road rage. Tailgating, cutting off other cars, or creating anxiety by yelling at other motorists isn’t “illegal”, but it is enough to be considered negligence and leave that driver open to legal liability if their actions cause a crash.

Inattentional Blindness and Dooring

Inattentional blindness is a phenomenon where the brain is hyper-focused on one task, leaving it blind to other things in its line of sight. When it comes to motorcycle accidents, many drivers have inattentional blindness towards bikers. The reason for this is because their brain is scanning the roadway for vehicles specifically, and often, their brain doesn’t “see” or recognize bikers. This selective attention can lead to accidents because a driver’s brain thinks it is safe to enter into traffic. After all, it doesn’t recognize the motorcycle as a “vehicle” to avoid.

Inattentional blindness can also lead to dooring. Dooring happens when a vehicle on the shoulder of the road doesn’t see a biker and opens their door. This leaves the motorcyclist with little time to react, and they often slam into the open car door

Equipment Failure

Equipment failure is another common cause of motorcycle accidents. Car and motorcycle manufacturers have a legal duty to ensure the care and safety of consumers who purchase their products. These manufacturers must ensure that all their vehicles and all the equipment they use on them are in good working order before selling the product to consumers.

When equipment doesn’t perform as it is intended without any fault on the driver’s part, the part manufacturer could be held responsible for the accident's consequences.

Poor Road Conditions

Adverse weather or poor road infrastructure can also lead to a motorcycle crash. Bikers are more vulnerable to poor road conditions since they have less protection from the elements. Poor road conditions, like a lack of proper signage or crumbling infrastructure, can also lead to a crash. Bikers are much more likely to get into a crash due to a roadway that’s falling apart than a traditional vehicle. City and state government agencies are responsible for maintaining the roadways, so if you think poor road conditions contributed to your crash, then it’s best to reach out to an attorney ASAP.

Who is Responsible for a Motorcycle Accident?

Arizona is an “at-fault” state, which means that the party who caused the accident will be held legally and financially responsible for the damage caused by the crash.

Comparative negligence in Arizona means that injured individuals can still file for compensation even if they were partially to blame for the accident. Comparative negligence works by first identifying the at-fault parties and then assigning each party a specific percentage of fault. Each party will then be held liable for that percentage of the overall losses associated with the crash. For instance, if you were 25% at fault for the accident, then you’d be expected to pay 25% of the damages. If the other party was 75% at fault, then they’d need to pay 75% of the losses.

While helmet and safety laws in Phoenix don’t require adults to wear helmets on the road, it’s strongly encouraged and recommended. If your loved one was fatally injured and they weren’t wearing a helmet, then you might still be able to partially recover some compensation from the crash thanks to Arizona’s comparative negligence standard.

Types of Motorcycle Accidents

The type of motorcycle accident you experience could dictate the legal options available to you for recovery. Below, we’ll go over some of the most common types of motorcycle crashes and what they could mean for you when it comes to filing a claim.

Single-Vehicle Collisions

Single-vehicle collisions occur when a biker loses control and wrecks without any interference from other drivers. The biker might hit a wall or nearby structure, or they could damage a parked vehicle. Unless the accident was caused by poor road infrastructure or equipment failure, it’s likely that the motorcyclists will be responsible for the fallout of the accident.

Head-On and Dooring Accidents

Head-on and dooring accidents are typically the fault of the distracted driver that caused the collision. The right motorcycle injury lawyer in Phoenix will work towards securing the right evidence to show that the other driver wasn’t paying enough attention to avoid the accident. Arizona’s traffic law and motorcyclist rights both consider dooring accidents to be the fault of the inattentive driver who opened their door to incoming traffic.

Lane Splitting Accidents

Lane-splitting accidents happen when a motorcycle attempts to drive in between two properly marked lanes of traffic. While bikes are smaller than traditional vehicles, it’s not legal for them to use this type of maneuver on the road when cars are in motion. Lane-splitting accidents are the motorcyclist’s fault since this driving behavior is illegal in Arizona.

What Compensation Can You Get After a Motorcycle Accident?

If someone else is responsible for your crash, then your settlement award should accurately reflect the amount of financial losses you’ve suffered as a result of the accident. Your compensation should fully restore you to the financial position you were in before you were injured. To ensure that you consider all the losses you’ve suffered, it’s a good idea to discuss your accident with a motorcycle injury attorney in Phoenix. An experienced lawyer may consider losses that you haven’t yet.

Economic Damages

Economic damages describe the actual, financial losses you incurred due to your accident. Your motorcycle crash compensation award should include all your economic damages like current and future medical expenses, lost wages, property damage, and potentially more, depending on your situation. In general, these damages are designed to fully reimburse you and compensate you for everything you’ve lost.

Non-Economic Damages

Some accident injury recovery losses are easier to value than others. Non-economic damages describe the losses you endured that are harder to prove and put a price tag on. Pain and suffering are the most common types of non-economic damages awarded in accident cases. Other forms include a loss of enjoyment of life, mental distress, permanent scarring, or a reduced overall quality of life.

Punitive Damages

Was the other party’s behavior extreme? Did they display a clear disregard for your safety and life? If so, then it might be possible to pursue punitive damages in your situation. Punitive damages aren’t meant to compensate the injured person. They’re meant to penalize the responsible party financially in the hopes of discouraging similar behavior in the future. Punitive damages are rarely awarded, so if you want to pursue this type of compensation, then it’s best to hire the best motorcycle accident lawyer in Phoenix to represent your case.

Time Limits for Motorcycle Accident Claims in Arizona

In Arizona, you have up to two years from the date listed on the accident report to file a legal claim for compensation.

How Insurance Affects Motorcycle Accident Claims

In Arizona, it’s a legal requirement for all motorists to carry car insurance. When an accident occurs, typically the insurance companies will wind up handling the aftermath of the accident by paying the driver who was not at fault for the accident out of the policy’s premiums.

The injury claims process is complicated, and it’s best to get a legal representative to help you with any insurance settlement negotiation you go through. An insurer will likely want to minimize your claim and downplay your injuries. The right legal advocate will make sure that doesn’t happen.

You’ll only need to pursue a claim when your losses exceed the insurance policy’s payouts or limits.

Why You Need a Motorcycle Accident Lawyer in Phoenix

When you’ve been injured in a crash that wasn’t your fault, you deserve the best possible legal representation for motorcyclists. The reason for this is because the burden of proof rests directly on your shoulders as the injured party. While the law is on your side, it’s up to you to leverage the law and make it work for you. The best motorcycle accident attorneys in Phoenix will ensure that you get the full compensation you’re entitled to under the law while you focus on your physical recovery.

Get a Free Consultation with a Phoenix Motorcycle Accident Lawyer

If you recently experienced a motorcycle crash in Phoenix or a surrounding area and you’re struggling to cope with the fallout, then it’s a good idea to start considering what caused your accident. If you believe someone else contributed to the crash, then it’s in your best interests to schedule a personal injury case evaluation with motorcycle accident attorneys in Phoenix who can help. Together, you and your attorney can determine whether you have the basis to file a claim.

If so, then you can work towards getting the financial compensation you need to recover from your losses and start moving forward from the accident.

Are you ready to get started? Schedule your free case evaluation with our team here at Kermani LLP now to talk about what happened with one of our top Phoenix accident lawyers.