A motorcycle accident can impact a victim for the rest of his or her life. From permanent scarring road rash to traumatic brain injuries, the damages a victim suffers in a motorcycle crash can be catastrophic. If someone else caused the accident due to negligence, the victim has the right to pursue financial compensation through a personal injury claim in Glendale. If you or a loved one has become a motorcycle accident victim, contact our Glendale motorcycle accident lawyers to discuss your case. We may be able to help you obtain compensation for your past and future damages.
Why Choose Our Law Firm?
- We have years of experience representing motorcycle collision victims throughout Arizona.
- We have obtained numerous settlements and verdicts on our clients’ behalf.
- We believe in attention to detail in developing an effective case strategy.
- We only charge for legal representation if the lawyer wins the case.
Due to the lack of protective gear and safety equipment, motorcycle riders will often suffer serious injuries in a motor vehicle accident. Whether being struck, forced off the road or hitting debris dropped by other vehicles, a motorcycle wreck can lead to property damage, catastrophic injuries or even wrongful death. At The Law Offices of John Phebus, our Glendale motorcycle accident attorneys have more than 20 years of experience helping accident victims recover monetary compensation following an accident. Our law firm is dedicated to recovering the maximum compensation possible in your unique situation. We understand that a serious accident injury can quickly devastate a family’s finances. It is our goal to negotiate a beneficial and fair settlement with the at-fault party’s insurance company in the most efficient, time-sensitive manner possible. If a settlement cannot be reached, however, we are fully confident in our ability to represent you in court.
Is Lane Splitting Legal in Arizona?
Lane splitting continues to be illegal in the state of Arizona. The only state that legally allows lane splitting is California. Arizona motorcycle law ARS 28-903 strictly prohibits lane splitting and passing other vehicles in the same lane of traffic.
Helmet Laws in Arizona
A helmet is a requirement for any motorcycle rider or passenger who is under the age of 18, according to Section 28-964 of the Arizona Transportation Code. This law states that the protective helmet must fit snugly and be safely secured while operating or riding on a motorcycle or all-terrain vehicle. Motorcyclists must also wear protective glasses, goggles or a face shield if the motorcycle is not equipped with a windshield.
If the rider is over the age of 18, he or she legally does not have to wear a motorcycle helmet in Arizona. However, wearing a motorcycle helmet is the smart choice, as it can drastically reduce the risk of a serious head or brain injury.
Can I Still File a Claim If I Wasn’t Wearing a Helmet?
Yes, you can still file an injury claim if you weren’t wearing a helmet at the time of the motorcycle accident. Failing to wear a helmet, even if you were legally required to do so, does not automatically bar you from financial recovery. However, it could reduce your financial recovery if the defendant uses it as a defense.
If the injuries you suffered in a motorcycle accident reasonably could have been prevented by wearing a helmet, the defendant may be able to use the helmet defense against you. If the defense is successful, the courts may assign you a portion of fault. Arizona is a pure comparative negligence state, meaning that a plaintiff can be found partially liable for an accident and still be eligible for financial recovery.
The courts in Arizona, however, will reduce your recovery by your percentage of fault. If you are found to be 15 percent responsible for a concussion for not wearing a helmet, for example, you would receive 15 percent less in financial compensation. Since Arizona uses a pure comparative fault rule, you can still qualify for compensation with any percentage of blame, up to 99 percent. A motorcycle accident attorney can help you combat the motorcycle helmet defense during your case to protect your right to recover.
What Causes Motorcycle Crashes?
Negligence is the main cause of motorcycle accidents in Arizona. Motor vehicle driver errors such as tailgating, speeding, ignoring right-of-way, distracted driving, driving under the influence, and making unsafe lane changes put motorcyclists at risk. Every driver has a responsibility to pay attention to the road and to reasonably prevent collisions with others on the roadway. Failure to uphold these duties, resulting in a preventable crash, is negligence. Proving negligence and obtaining damages, however, may take help from car accident lawyers. If you need a skilled motorcycle accident attorney in Glendale, contact The Law Offices of John Phebus today. We have a long history of successfully representing injured clients following accidents caused by numerous factors, including:
- Reckless driving
- Distracted driving
- Driving under the influence of drugs or alcohol
- Improper merge
- Failure to yield
- Failure to visually clear an intersection before turning right on red
Many people feel that bikers are simply thrill-seekers who put themselves in harm’s way. This is not the case. Motorcycle riders are most often at the mercy of other drivers around them. Whether a car or truck driver, distraction or negligence can quickly lead to serious motorcycle crashes with severe injuries.
How Much is a Motorcycle Accident Claim Worth?
An injured motorcyclist in Glendale could receive compensation for his or her past and future medical expenses, lost income, physical pain, emotional suffering, disabilities, lost quality of life, and property damages through a successful injury claim. It is important to maximize your odds of success as a victim by hiring an attorney. A Glendale motorcycle accident lawyer will know exactly how to handle your claim for the best chance of success.
Common Injuries in a Motorcycle Accident
In a collision between a motorcycle and a motor vehicle, the motorcyclist will always incur the most damage. Lack of protection in a crash can lead to life-threatening injuries, while the driver of the motor vehicle may remain unharmed. Motorcyclists are prone to many unique personal injuries due to the nature of collisions. Some common injuries in a motorcycle wreck include:
- Lower-body injuries, especially to the pelvis and legs.
- Facial lacerations and road rash.
- Traumatic tattooing, or severe road rash
- Broken wrists and elbows from trying to break a fall.
- Traumatic brain injuries from blunt force trauma to the head.
- Spinal cord injuries from the impact.
Safety gear such as a motorcycle helmet can help protect a rider in an accident, but he or she will still be highly susceptible to serious injuries. Many victims suffer severe, long-lasting injuries that take months to fully heal. Others will never fully recover and may live the rest of their lives with disabilities or disfigurements. We can help hold negligent parties accountable for inflicting serious injuries on motorcyclists in Glendale, Arizona.
Steps to Take After a Motorcycle Accident
The aftermath of a motorcycle accident can be frightening and overwhelming. As an injured victim, you may not know what to do or what steps to take next. It is important, however, to do certain things that will protect you both legally and physically. Taking the correct steps can strengthen your insurance claim and improve your chances of recovering fair financial compensation for your injuries.
Try to take the following steps after a motorcycle accident in Glendale:
- Stay calm and assess for injuries. Check yourself and others involved in the wreck for injuries. If there are any, call 911.
- Call the police. It is wise to call the cops after any motorcycle accident, even if the collision is minor. Calling the police can give you an accident report that you can use for your insurance claim.
- Do not admit fault. Never apologize to the other driver or admit fault for the motorcycle accident, as this could take away your right to recover.
- Exchange information. Swap contact information, names and insurance information with the driver.
- Take pictures. If you can, take pictures of the scene of the motorcycle crash, making sure to capture your property damage and the entirety of the crash scene.
- Go to a hospital. Seek medical care in Glendale as soon as possible after a motorcycle accident.
- Call your insurance company. Call as soon as possible to make an initial report of the crash.
- Protect your rights. Answer the insurance company’s questions, but do not give a recorded statement or accept a settlement without speaking to a lawyer.
- Get a quote for your motorcycle repairs. Bring your motorcycle to an auto shop for an estimate of how much it will cost to repair. Give this estimate to the insurance company as evidence.
- Contact an attorney. Before proceeding with an insurance claim, consult with a Glendale motorcycle accident lawyer for legal advice.
Don’t worry if you cannot take all of these steps. An experienced motorcycle accident attorney in Glendale can step in and start working on your claim at any stage.
Schedule Your Free Initial Consultation
Find out if you have the elements of a motorcycle accident claim. Contact the Glendale personal injury attorneys at the Law Offices of John Phebus and request a free consultation. We will listen to what happened, review the facts of your case, offer legal advice and let you know if your case has merit. If so, we may offer to represent your case and take over settlement negotiations with insurance companies on your behalf. Our motorcycle accident attorneys in Glendale know how to get the most for our clients. Call (623) 847-7117 today. We have office locations in Phoenix, Scottsdale, Glendale and Tempe and serve clients in Peoria and throughout Maricopa County.