Riding a motorcycle is far more dangerous than driving a car—bikers have no metal cage or airbags protecting them in a wreck. Collisions between motorcycles and other vehicles often cause the biker serious injury or death.
Bikers who sustain injuries in a motorcycle crash should consult a trusted local personal injury attorney as soon as possible. In many cases, motorist negligence contributes to these accidents, and the driver of the passenger car may be responsible for compensating the biker’s losses.
A Tempe motorcycle accident lawyer has represented bikers in this community for 30 years. Our team could advise and support a biker through the compensation claims process, negotiate with insurance companies, and take responsible parties to court if they cannot reach an acceptable settlement.
How Negligence Causes Motorcycle Accidents
Anyone seeking compensation for injuries they experience in an accident must prove that another party was negligent. Violating a law is negligent, so if a motorist was speeding, texting, driving while impaired, or non-compliant with any traffic law when the accident happened, the driver is considered liable for the damage.
A Tempe attorney could still seek to prove negligence if the driver did not violate any law. For example, motorcycles are much smaller than other vehicles, so if a driver does not hear a motorcycle—and newer vehicles often have features that muffle sounds from outside—a driver might not notice it. Additionally, drivers are typically looking for other cars, not smaller objects like motorcycles. This can lead to motorists experiencing “inattentional blindness,” which means that they do not see objects they are not expecting to see. Even a cautious driver might believe the way is clear for them to make a left turn because inattentional blindness prevents them from seeing the motorcycle in the oncoming lane.
Defending Motorcycle Riders Against Claims of Negligence
A motorcyclist pursuing compensation after an accident can expect the responsible motorist’s insurance company to scrutinize their conduct. Arizona law allows a jury to consider whether the person seeking compensation was partially responsible for the accident. If so, the injured person cannot collect 100 percent of their damages, but only the part other parties are responsible for.
Helmet use arises frequently in motorcycle accident cases. Arizona Revised Statutes § 28-964 requires anyone under 18 to wear a helmet when operating or riding a motorcycle, but there is no helmet requirement for adult riders. Insurance companies often argue that a rider without a helmet negligently contributed to their injuries and should receive only reduced damages, if any. An experienced Tempe accident attorney could push back against an insurer trying to use failure to wear a helmet – or other claims of shared fault – as leverage to reduce an adult rider’s compensation after a crash.
Damages in a Motorcycle Accident Case
A negligent driver who injures a motorcyclist owes them compensation. The legal term for this monetary award is “damages.” Damages comprise reimbursement for out-of-pocket losses like reduced income and medical costs, as well as compensation for intangible losses like pain, disability, and emotional trauma.
Damages could be substantial when a motorcyclist is severely injured. An insurance company is liable up to the insured driver’s coverage limits, which might not be enough to cover the motorcyclist’s damages. A driver is personally responsible for losses their insurance does not cover, but the money might be uncollectible unless the driver has substantial assets.
A Tempe motorcycle wreck attorney could investigate whether other sources of coverage are available in a specific case. For example, they could assert a claim against a motorcycle manufacturer if a mechanical problem contributed to the crash. In some cases, a bar or restaurant might be responsible when a drunk driver causes the motorcyclist’s injuries. Bringing multiple parties to the negotiating table increases the likelihood of the biker receiving a settlement that covers their losses.
Seek Compensation After a Motorcycle Accident With a Tempe Attorney
Motorcycle accidents often cause significant injuries that require time and energy to heal. It makes sense to delegate the business of pursuing damages to a professional so you can focus your attention on recovering.
Contact a Tempe motorcycle accident lawyer for help. Our team will put our experience and skills to work for you and help you obtain the compensation you deserve, even if that means litigating your case in a courtroom.
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