Riding a motorcycle in Arizona can be a fun and exciting way to get around. It is also more gas-efficient and eco-conscious than a traditional passenger car. Unfortunately, riding a motorcycle comes with a few inherent injury risks, such as the lack of a protective metal shell. These risks become more pronounced when sharing the road with negligent and reckless motor vehicle drivers.
If you or a loved one were in a motorcycle accident and have serious injuries, you may be eligible for compensation. The driver that caused your wreck could be liable for damages. Contact Jensen Phelan Law Firm, P.C. for a free consultation with one of our Prescott Valley motorcycle accident attorneys.
An insurance claims adjuster will not want what is best for you during a motorcycle accident claim in Arizona. The adjuster works for the insurance company. His or her goal is to save the company money for its investors, not maximize clients’ benefits. The most effective way to negotiate a fair and full insurance settlement from a claims adjuster after a motorcycle crash is by hiring a lawyer to do so for you. Your lawyer will know all the techniques and strategies to use against a insurance companies for the best possible outcome for you. The right attorney can help you maximize your financial recovery.
Unlike no-fault states, Arizona requires crash victims to determine fault before filing damage claims. Fault-based insurance means you or your attorney will need to determine who caused your motorcycle accident before you can bring a claim. Regardless of how safe you are on a motorcycle, someone else’s negligence could cause a crash in Prescott Valley.
Identifying the cause of traffic accidents is one of the things we do best at Jensen Phelan Law Firm, P.C. We can investigate your motorcycle wreck for signs of fault. Then, we can help you fill out confusing legal paperwork during the claims process, making sure to get your claim in before Arizona’s deadline. In general, you will have two years from the date of your crash to file a motorcycle accident claim in Arizona.
A successful motorcycle accident insurance claim or personal injury lawsuit could reimburse you and your family for costs such as medical bills, motorcycle repairs, lost income, and legal fees. You might also qualify for a non-economic award for your pain and suffering. In the event of a wrongful death, we can fight for the justice of your loved one. Discuss what your case might be worth with our Prescott Valley motorcycle accident lawyers today. Call Jensen Phelan Law Firm, P.C. at (928) 778-2660, or contact us online for a free initial motorcycle accident consultation. We represent clients in Yavapai County, Prescott Valley, Prescott, Cottonwood, Chino Valley, and elsewhere in Northern and Central Arizona.
Motorcycle crashes can be harder to win than the same case facts in a car crash due to negative attitudes about motorcycles and/or motorcyclists by some police investigators, insurer adjusters and jurors. To fairly determine the cause of your motorcycle accident, deal with fault arguments against the motorcyclist and pursue real justice with the full compensation you are entitled to, our Prescott motorcycle accident lawyers will thoroughly investigate your collision to prove fault in the case and fight against false arguments and unfair attitudes.
Arizona state motorcycle helmet laws, ARS 28-964, state it is not required for a person aged 18 years or older to wear a helmet while riding a motorcycle but for 17 yrs. old and younger must wear helmets. All motorcyclists and passengers, regardless of their age, must wear a transparent face shield, goggles, and glasses while riding.It is not illegal for an adult to drive a motorcycle without a helmet, but most often it is found to be negligent if an AZ motorcycle accident involves a head injury while riding without a helmet.
Fault is negligence that was a cause of the motorcyclist’s injury. Negligence is the failure to use reasonable care (the failure to act as a reasonably careful person would act under the circumstances). The most common situation is when the car driver negligently causes injury to the motorcyclist and thus is at fault. The defense if no helmet is being worn and a head injury occurs is that a helmet would have avoided the head injury, so the motorcyclist is ALSO at fault.
In AZ, each of the parties must prove the fault of the other, then the judge or jury will weigh (apportion) the evidence and make a percentage determination as to which one is at fault and to what degree for the injury or injuries. E.g., the car driver may be 100% at fault for the cyclist’s broken leg and the car and motorcycle drivers are each 50% at fault for the head injury. See Fault 11, Determining Relative Degrees of Fault (Comparative Fault), RAJI(Civil) 6th.
In the event of a serious injury motorcycle accident, riders should first seek medical attention. More than in most auto accidents, it can be important to quickly photograph the accident vehicles and scene with several photos from different angles and directions, collect and exchange contact information with the adverse driver and any witnesses without talking about the crash itself, immediately report the accident to the police, take note of the surroundings, and accept help if you are badly injured. Additionally, be aware not to say or admit to anything except to the investigating police officer, and then keep it simple, short and true. What you say or admit can have serious legal consequences down the road.