As a motorcyclist, you have all the same rights and responsibilities on the road as anyone operating an enclosed motor vehicle does, and those other drivers are expected to give you a safe amount of space at all times. If you have been riding for any amount of time, though, you likely already know that many drivers fail to act responsibly around motorcycles and other smaller vehicles—and if you have recently been in a wreck caused by one of those irresponsible drivers, you also know just how harmful their misconduct can be.
While Arizona state law absolutely gives you the right to file suit against a negligent driver who causes you to get hurt in a motorcycle wreck, getting a favorable result from this sort of claim can be prohibitively difficult without support from experienced personal injury attorney. By working with a knowledgeable Gilbert motorcycle accident lawyer, you could better understand and enforce your legal rights in pursuit of a settlement or court verdict that gets you the compensation you need.
How Fault Works in Motorcycle Crash Claims
In strict legal terms, there is virtually no difference in how negligence is defined for motorcycle operators compared to standard motor vehicle drivers. Everyone on public roads in Arizona has the same obligation to follow traffic laws, watch out for other people and vehicles near them, and generally react like a rational person to any obstacles they encounter while driving. Any “breach” of this duty of care that directly leads to an accident likely qualifies as legal “negligence,” which someone injured in that wreck could build a civil claim around.
That said, both the general public and civil court officials have an unfortunate tendency to stereotype motorcycle riders as reckless thrill-seekers, and that can lead to the assumption that an injured motorcyclist bears at least some of the blame for their own accident. As a Gilbert motorcycle accident attorney could explain and ideally help to prevent, any finding of “comparative fault” assessed against an accident victim may result in a proportional reduction in the value of their final damage award, as allowed under Arizona Revised Statutes §12-2505.
Recovering for All Available Damages
Assuming no issues with comparative negligence, a motorcyclist injured in a crash caused by someone else can hold that other person accountable for the full value of all their crash-related losses, including both economic and non-economic forms of harm like:
- Physical pain and suffering
- Emotional and psychological anguish
- Emergency medical bills and expected long-term costs for things like physical therapy, assistive equipment, and pain management
- Lost short-term work income and lost future earning capacity
- Personal property damage, including motorcycle replacement/repair costs
- Lost enjoyment of life, potentially including lost consortium
It is worth noting, though, that Arizona has some unique rules for how injured individuals can request specific amounts of compensation in a settlement demand or lawsuit, all of which a knowledgeable motorcycle crash lawyer in Gilbert could go into further detail about during a confidential consultation.
Contact a Gilbert Motorcycle Accident Attorney for Help
Motorcyclists involved in traffic collisions tend to suffer much more serious injuries compared to motor vehicle occupants. Getting paid what you need for your losses after a wreck like this is not something you want to try doing alone, especially while you are still recovering physically from your crash.
In a situation like this, you should strongly consider contacting a Gilbert motorcycle accident lawyer. At the Phillips Law Group, our team is willing to go to trial if necessary to get you every cent of what you deserve. Call today to learn more about your options.
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