Peoria Motorcycle Accident Attorney

Immediately following a motorcycle accident in Peoria, ensure that you make moves that help protect your health, legal rights, and potential compensation claims. These steps may include:

• Seek safety and medication first. If you are physically able, move to a safe location away from direct traffic. Even if you feel fine, be sure to seek medical attention as soon as possible. The shock from the crash may mask some injuries, yet they can get serious over time. Additionally, your medical records are crucial for proving your injuries.
• Call the police. The law requires the police to file a crash report if the crash involves death, bodily injury, or $2,000 or more property damage. Thus, call them immediately to file a police accident report.
• Gather key evidence. If you can, capture videos or photos of the accident site, your motorcycle, other vehicles involved, and traffic signs, among other key pieces of evidence. 
• Exchange information. Swap contact and insurance information with the other parties involved in the accident. However, avoid discussing fault or making any statements that could be construed as admitting responsibility.
• Report to the insurance company. Call your insurance company to report the incident. However, avoid giving recorded statements or accepting a quick settlement offer before consulting with a Peoria motorcycle accident attorney. 
• Consult a motorcycle accident attorney. As soon as possible, consult with a motorcycle accident attorney in Peoria. They will guide you professionally, handle communications with insurance companies, and help build a solid case to maximize compensation.

Determining fault in a motorcycle accident case in Peoria involves investigating the circumstances of the incident. Arizona’s comparative negligence law means that fault can be shared among multiple parties, thus the investigation will assess each party’s level of responsibility.

The police report is often the starting point for determining fault. It contains the officers’ observations and sometimes an assessment of who was at fault. However, the police report is not definitive, and fault may still be contested.

The investigation will also use eyewitness testimony, physical evidence at the scene, and proof of traffic law violations. In more complex cases, accident reconstruction experts may help unveil the events leading up to the collision for a clear picture of how the accident happened and who was at fault.

In cases where both parties share some degree of fault, the court or insurance companies will determine each party’s percentage of fault and reduce their compensation accordingly.

Motorcycle accident victims in Peoria can pursue several types of compensation, as per the severity of their injuries and impact on their lives. These compensations are categorized into economic, non-economic, and sometimes punitive damages.

Economic damages are basically the tangible losses that can be quantified:

• Medical costs. These cover current and future medical costs, such as surgeries, hospital stays, prescription drugs, rehabilitation, and any necessary medical equipment.
• Lost income. This is compensation for income lost due to the inability to work during recovery. Lost income damages include lost wages, salaries, and any other earnings.
• Loss of earning capacity. If the victim’s injuries result in any form of disability, they may seek benefits for loss of future earning capacity.
• Personal property damage. Victims may also seek restitution for any personal property damaged in the accident.
• Other out-of-pocket bills related to the accident, such as transportation costs and medical appointments.

On the other hand, victims of motorcycle accidents in Peoria can seek non-economic damages. These are more subjective and compensate for the intangible impact of the accident, including:

• Pain and suffering. These are damages for the physical pain and emotional distress victims sustained from accidents.
• Emotional distress. This addresses the impact of the accident, such as anxiety, depression, and trauma.
• Loss of enjoyment of life. This denotes the loss of ability to enjoy day-to-day activities, hobbies, and other aspects of life that the victim enjoyed before the accident.
• Loss of consortium. The victim’s spouse may seek restitution for the loss of companionship, affection, and other aspects of the marital relationship.

In Peoria, Arizona, motorcycle accident victims can file a personal injury lawsuit only within the timeline stipulated by the statute of limitations. According to A.R.S §12-542, victims of motorcycle accidents have up to two years from the date of the accident to bring a lawsuit.

This two-year period is essential for three key reasons:

• Legal standing. If you don’t bring your lawsuit within this period, it means that the court will dismiss your case. You will be barred from initiating legal action to seek compensation.  
• Preserving evidence. Filing a lawsuit promptly helps preserve the key evidence. Over time, physical evidence may deteriorate, and witnesses’ memories may fade, making it harder to build a strong case.
• Negotiation leverage. Having a lawsuit filed or the ability to file one gives victims greater leverage in settlement negotiations with insurance companies. Knowing that the victim has the option to take the case to court can pressure insurers to offer a fair settlement.

There are several exceptions to this two-year rule. One prime example is when a motorcycle accident in Peoria involves a government entity, such as a city vehicle. In such cases, you need to file a formal claim within one year from the date of injury. 

One of the most significant challenges motorcycle accident victims face is the unfounded perception that motorcyclists are more reckless or prone to risky behavior than other drivers. This bias can influence how insurance adjusters assess a claim, often leading to unfair reductions in compensation or outright denial of the claim.

Also, insurance companies try to underestimate injuries, especially where strong medical evidence is required to substantiate claims. Moreover, insurance companies frequently offer quick, lowball settlements to motorcycle accident victims, hoping they will accept the offer before fully understanding the extent of their damages.

Additionally, understanding insurance policies can be difficult, which can lead to potential mistakes and missed coverage. Other evident issues during claims include delays in processing claims and managing the legal process while recovering from injuries. Luckily, with the support of a Peoria motorcycle accident attorney, you can easily overcome these challenges and see an effective resolution of your case.

A motorcycle accident attorney understands Arizona’s motorcycle laws and can apply them properly to your case. Their experience is particularly important when dealing with complex issues like comparative negligence or when multiple parties are involved. They will also build a robust evidence base to effectively counter the attempts to downplay your injuries or shift blame onto you.

If negotiations with the insurer don’t yield fruits, your attorney will take your case to court. They will present evidence before a jury to potentially secure a favorable verdict. They may even consult medical professionals, accident reconstruction specialists, and economists to boost the validity of your claims. 

Choosing the right motorcycle accident attorney in Peoria is critical to the success of your case. Here are some important things to put in mind when selecting an attorney:

• Select a lawyer with experience in handling motorcycle accident claims and has a solid track record.
• Select a local attorney familiar with Peoria’s laws, courts, and traffic conditions.
• Research the attorney’s reputation and client feedback; look for positive reviews and testimonials.
• Ensure the attorney communicates clearly and keeps you informed about your case.
• Opt for an attorney with courtroom experience and a history of favorable verdicts.
• Look for a clear fee structure, often on a contingency basis, and be aware of potential additional costs.

Remember that choosing the right attorney has a great impact on the outcome of your case. By choosing the right lawyer for your motorcycle accident in Peoria, you can improve your chances of receiving proper compensation and navigate the process with confidence.