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Surprise Motorcycle Accident Lawyer

The injuries sustained in a motorcycle accident can be severe, resulting in long-term medical treatment, rehabilitation, and missed time from work. It’s essential to have an experienced and compassionate attorney on your side who can fight for your rights and help you recover the full and fair compensation you deserve. That’s where Jensen Phelan Law Firm comes in.

At Jensen Phelan Law Firm, we understand the challenges that motorcycle accident victims face, and we are committed to helping our clients navigate the legal system and obtain the compensation they deserve. Our team of skilled attorneys has over 65 years of combined experience handling motorcycle accident cases in Arizona, and we are dedicated to advocating for our client’s rights. We understand that every case is unique, and we work closely with our clients to understand their needs and develop a personalized legal strategy to achieve the best possible outcome. We offer a free evaluation for every case.

Do You Need an Attorney After a Serious Motorcycle Accident?

Motorcycle accidents can often result in serious injuries, medical bills, and lost income. When you’ve been involved in a motorcycle accident, it’s important to consult with an experienced Surprise, AZ attorney who specializes in personal injury law. Here are a few reasons why you may need an attorney after a motorcycle accident:

Knowledge of the Law

An experienced motorcycle accident attorney has a deep understanding of the laws and regulations that apply to motorcycle accidents. Just as important, the attorney needs to have experience with driving cycles in traffic conditions, different weather, different types of roads, etc., because there is more to many motorcycle crashes than the same collision between 4 wheel vehicles. Both the liability and the damages can be much different. Experienced injury lawyers can help you navigate the legal system, understand your rights, and make sure that your case is handled fairly.


After an accident, emotions can run high, and it can be challenging to think objectively. An experienced attorney can provide a level-headed approach to your case, considering the facts and the law from a realistic point of view, and help you make informed decisions based on the the attorney’s evaluation and advice.


Motorcycle accident cases with significant injuries often require extensive investigation to determine who was at fault. The adverse insurance company will do an extensive investigation and use professional investigators as needed. Your attorney can conduct a thorough investigation of the accident scene, gather evidence, and interview witnesses to build a strong case on your behalf. It is best to retain your attorney promptly, because you can bet that the insurer is wasting no time and evidence does not always age well.


Insurance companies will often try to settle cases quickly while the negligence victims are upset, uncertain of their rights and focused on short-term issues. This leads to settlements for less than the case is worth. A competent attorney can negotiate with insurance companies to make sure that you receive fair compensation for all your injuries, pain, suffering, harms, losses (lost earnings, property damages, etc.), medical bills (past and future), and other damages.

Courtroom Experience

If your case goes to trial, it’s essential to have an attorney with courtroom experience on your side. An experienced attorney can represent you in court, argue your case, and fight for the compensation you deserve. We have that experience.

Time Limitations

There are strict time limitations for filing a lawsuit after a motorcycle accident. An attorney can make sure that all deadlines are met and that your case is filed correctly so you don’t miss out on any of your potential compensation.

Does Not Wearing a Helmet Impact Your Arizona Motorcycle Accident Claim?

In Arizona, the law requires all motorcycle riders to wear a helmet while riding. Failing to wear a helmet can impact your ability to file a claim and receive compensation for your injuries. Here are some ways that not wearing a helmet can impact your claim:

Comparative Negligence

Arizona follows the rule of comparative negligence, which means that if you are partially responsible for the accident, your compensation may be reduced by the percentage of fault attributed to you. If you weren’t wearing a helmet, this could be seen as negligence on your part, which could reduce your compensation, especially for any head or brain injury.

Contributory Negligence

If an action involves claims for relief alleging both negligence and strict (automatic) liability in tort, and if ARS section 12-2505 (comparative negligence) is applied to the negligence claims for relief, the claimant’s reduction in damages under section 12-2505 shall be applied to the damages awarded against all defendants, except that contributory negligence. This is distinguished from assumption of risk, which is not a defense to a claim alleging strict liability in tort, including any product liability action, as defined in section 12-681, except claims alleging negligence.

Increased Risk of Injury 

Not wearing a helmet significantly increases your risk of serious head injuries in the event of an accident. Insurance companies may argue that your failure to wear a helmet contributed to your injuries and may use this as a reason to reduce your compensation, which is the law in Arizona. This is when a careful medical evaluation by a specialist may be necessary for a fair result.

Jury Bias

A jury may be less sympathetic to your case if you weren’t wearing a helmet at the time of the accident. They may see your failure to wear a helmet as negligent, which could impact the outcome of your case.

It’s essential to follow the law and wear a helmet while riding to reduce your risk of injury and increase your chances of receiving fair compensation in the event of an accident. If you were involved in a motorcycle accident and weren’t wearing a helmet, it’s important to speak with an experienced attorney who can help you understand your rights and options.

What Damages Can Motorcycle Riders Recover in an Accident Claim?

It’s important to note that every case is different, and the damages that you may be able to recover will depend on the specifics of your case. An experienced motorcycle accident attorney can help you understand your legal rights and options and work to maximize your compensation. Here is an overview of some of the damages that a motorcycle rider can recover in an Arizona motorcycle accident claim:

  • Medical Expenses: You may be able to recover compensation for your past and future medical expenses, including hospital bills, surgeries, medications, and rehabilitation.
  • Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for your lost wages and future earning capacity.
  • Property Damage: If your motorcycle was damaged or destroyed in the accident, you may be able to recover compensation for the cost of repair or replacement.
  • Pain and Suffering: You may be entitled to compensation for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
  • Loss of Enjoyment of Life: If your injuries have prevented you from enjoying your life as you did before the accident, you may be able to recover compensation for the loss of enjoyment of life.
  • Wrongful Death: If a loved one was killed in a motorcycle accident, you may be able to recover compensation for the loss of financial support, companionship, and guidance.

The value of an accident claim largely depends on the specifics of the case. Therefore it’s essential to work with a skilled and experienced attorney who will thoroughly examine the damages available to you. 

Retain an Experienced Surprise, AZ, Motorcycle Accident Lawyer

At Jensen Phelan Law Firm, our team of skilled attorneys is committed to fighting for your rights and helping you obtain the compensation you deserve. We understand the challenges that motorcycle accident victims face, and we will work tirelessly to make sure that you receive the best possible outcome for your case. 

Contact us today for a free assessment of your case and an explanation of your rights, and take the first step toward getting the justice you deserve. You can complete our online contact form or call (928) 778-2660.