Motorcycle Accident Lawyer
Motorcycle riders are in a more vulnerable position than those behind the wheels of cars and trucks. When a motorcycle accident happens, the motorcycle rider is often the one that suffers severe injuries. Motorcyclists can best protect themselves by driving responsibly, but even safe-driving bikers are at risk of getting injured in an accident caused by the negligence of another motorist. In some cases, injured motorcyclists also struggle to secure the financial compensation they deserve during the insurance claims process.
A motorcycle accident lawyer like Chuck Franklin can help bikers fight for the full financial compensation they are entitled to after being injured by other negligent motorists. Chuck also understands the challenges motorcyclists face on the road, as he is an avid biker himself. Call Chuck Franklin Law and reach Chuck directly at 480-545-0700 to learn more about your legal rights after a motorcycle accident.
Liability for Motorcycle Accidents in Arizona
Following a motorcycle accident or any other type of auto accident, an investigation will take place to determine who was at fault for causing the accident. Each state has its own laws regarding liability for auto accidents. Arizona’s comparative negligence law establishes how fault can be assigned for auto accidents in the state. According to the standard of comparative negligence, multiple parties involved in an accident can be assigned a degree of liability. For example, one party might be deemed 90% liable, with the other party considered 10% liable for the accident.
According to Arizona law, someone involved in an accident can seek financial compensation even if they were 99% at fault for causing the accident. The amount of available compensation will be determined based on the liability the person has been assigned. For example, if a motorcyclist is awarded $100,000 in damages for an accident but was deemed 25% at fault, they would receive $75,000 in damages.
Common Types of Negligence in Motorcycle Accidents
All motorists have a legal duty to drive safely in order to protect all other motorists. In some motorcycle accidents, one or more motorists involved in the crash may be considered negligent if they breached this duty of care by driving in a way that endangered others and directly contributed to an accident with damages, such as serious injuries and property damage. Additionally, third parties can be deemed liable for causing a crash, such as a city responsible for failing to address hazardous road conditions that contributed to the accident. Some common examples of negligence that can cause a motorcycle accident include:
- Driving under the influence of alcohol or drugs
- Distracted driving
- Drowsy driving
- Left-hand turns where the driver did not see the motorcyclist
- Hazardous road conditions, such as potholes and loose gravel
- Passing without giving the motorcyclist enough room
Each accident involves a unique set of circumstances and determining negligence will take a thorough investigation. Experienced motorcycle accident lawyer Chuck Franklin is prepared to analyze your case and determine who was at fault for causing the crash.
What Types of Damages Are Available in a Motorcycle Accident Claim?
When a motorcyclist seeks financial compensation following an accident, the amount they may receive is based on the economic and non-economic damages they have suffered. This financial compensation will first be pursued through an insurance claim. However, insurance companies may attempt to deny or limit payouts. In this situation, the injured motorcyclist may file a personal injury lawsuit against negligent parties and their insurance companies. Damages that may be included as part of financial compensation for a motorcycle accident include:
- Current and future medical expenses related to injuries suffered in the crash
- Past and future lost wages from missing time at work
- Loss of earning capacity for severe injuries that prevent returning to the same job
- The cost of repairing or replacing the motorcycle
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Wrongful death damages for families of fatal crash victims
The total amount of compensation awarded will be based on the sum of all damages suffered in the crash.
Motorcycle Safety Laws in Arizona
Arizona and most other states have laws that are designed to protect motorcyclists. In motorcycle accidents where a motorcyclist was found to have violated one of these laws, he or she could be deemed partially negligent. Additionally, some of these laws apply to other motorists to keep motorcyclists safe. Here is a quick summary of Arizona’s motorcycle safety laws:
- ARS 28-903 – States that motorists cannot deny a motorcycle the use of a lane, that motorcyclists should not pass other vehicles in the same lane or split traffic lanes, and that motorcyclists may not drive more than two abreast.
- ARS 28-964 – Anyone under 18 years of age must wear a helmet and either glasses, goggles, or a see-through face shield while using a motorcycle. This law also dictates equipment requirements for motorcycles, including a rear-view mirror and secure seats and footrests for drivers and passengers.
- ARS 28-955 – This law deals with the maximum noise level and muffler requirements for motorcycles.
- ARS 28-892 – States that a motorcycle must have a seat for both the driver and passenger.
- ARS 28-924.B – Legally requires headlamps for all motorcycles.
- ARS 28-3101 – Requires a Class M motorcycle license to operate a motorcycle within the state of Arizona.
Learn More from an Experienced Arizona Motorcycle Accident Lawyer
For victims of motorcycle accidents, seeking the full financial compensation available is critical. Motorcyclists who get into accidents often suffer severe injuries that require astronomically expensive medical care and cause disruptions to their personal and professional lives. Financial compensation awarded through an insurance claim or personal injury lawsuit can help these victims recover and get their lives back on track. Additionally, in fatal accident cases, a wrongful death lawsuit can help families get the financial support they need as a result of losing a loved one to a motorcycle crash.
Experienced motorcycle accident lawyer Chuck Franklin specializes in helping motorcycle crash victims and their families recover fair financial compensation for the damages they have suffered. Chuck is a motorcycle enthusiast who has regularly ridden motorcycles for decades. For more information about how to file a claim for a motorcycle accident, call Chuck Franklin Law and speak with Chuck directly today at 480-545-0700.
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