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Determining Liability After an Arizona Motorcycle Accident

Posted on April 18, 2023 in

Many Arizona residents enjoy riding motorcycles to take in the state’s beautiful scenery. While riding a motorcycle can be thrilling, they lack safety features, such as an enclosed cabin and a steel frame. When a car, truck, or bus strikes a motorcyclist, they may suffer catastrophic injuries that have a lasting impact on their daily lives. If a car or truck driver caused the collision because they failed to observe their surroundings or obey traffic laws, they may be held liable through a motorcycle accident lawsuit.

If you are injured in a motorcycle accident in Arizona, you deserve compensation for your injuries and other losses. At Jensen Phelan Law Firm, our attorneys have over 65 years of combined experience helping motorcycle accident victims achieve favorable outcomes for their cases in Arizona. When you retain one of our skilled attorneys, we will work tirelessly to build a strong claim on your behalf.  

Establishing Liability in an Arizona Motorcycle Accident Claim

If someone else’s negligence caused your motorcycle accident and injuries, you may have legal grounds to file a personal injury claim against the negligent party for your injuries and other losses. However, successful motorcycle accident claims must meet specific standards of proof to establish the other driver’s negligence. To successfully establish fault leading to liability, your case must include proof of the following elements:

  • The defendant owed you a duty of care to act reasonably and responsibly to avoid injuries
  • The defendant breached their duty of care by behaving carelessly or recklessly
  • This breach of duty caused your accident
  • The accident resulted in your injuries and other damages

Depending on the circumstances surrounding your case, you may be able to pursue compensation from a reckless driver, motorcycle manufacturer, or government entity responsible for maintaining safe roadways. When one of our skilled attorneys takes your case, they will conduct a thorough investigation to determine the cause of your accident and the parties responsible. 

Evidence That Can Help Determine Liability

Evidence is essential to any motorcycle accident claim and can help your attorney determine and establish liability for your injuries. A few pieces of evidence that can bolster your claim and help hold the negligent party accountable include:

  • Photos of the scene of the accident, the vehicle, or any injuries sustained
  • Dash cam or security footage
  • Eyewitness testimonies and written statements
  • The clothes (all of them, plus the shoes/boots) and safety equipment (gloves and helmet, if any) you were wearing a the time of the accident
  • The police report documenting the incident
  • Your medical bills and records

Following your accident, speaking to an attorney without delay is essential. As time passes, critical evidence may be lost or destroyed, and witnesses may forget key details of what they saw. Additionally, the statute of limitations to pursue your claim is only two years from the date of your accident. If you fail to abide by this legal time limit, you may forfeit your right to pursue justice. A highly-qualified attorney from Jensen Phelan Law Firm can immediately begin work on your case to preserve evidence and meet crucial filing deadlines. Our initial evaluation is free.

Speak to a Specialist Motorcycle Accident Lawyer at Jensen Phelan Law Firm

After suffering injuries due to someone else’s negligence, you deserve to have a knowledgeable legal professional on your side. The highly-qualified attorneys at Jensen Phelan Law Firm have a proven track record of fighting relentlessly for motorcycle accident victims’ rights and recovering the compensation they need to move their lives forward. Having top-notch legal representation can result in larger rewards, so do not hesitate to contact one of our legal specialists. To schedule a free assessment of your case and an explanation of your rights, call us at (928) 778-2660 or complete our online contact form today.