Failure to timely diagnose cancer.
An auto accident resulted in a wrongful death case.
High speed collision when defendant ran a red light.
Serious back injuries sustained in low speed collision; surgery required.
Motorcycle accidents are a common cause of serious personal injuries in Arizona. Motorcyclists are more likely to suffer major injuries in car accidents than passenger vehicle occupants due to a lack of protection. Without a metal shell or seat belt, a motorcyclist can suffer injuries such as broken bones and a traumatic brain injury in an accident that does not injure the other party. If you were injured in an accident, contact the Peoria motorcycle accident attorneys at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer for a free consultation. We may be able to help you recover.
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In Arizona, a fault-based insurance law makes it necessary for injured motorcycle accident victims to determine who or what caused their collisions before seeking financial recovery. A fault-based system holds those who cause accidents responsible for the related damages. Before you can recover compensation for a motorcycle accident, you or a Peoria personal injury lawyer must determine its cause.
If a driver caused your motorcycle accident, he or she may be liable for your damages and medical bills. Drivers act as defendants in most motorcycle accident claims. If a defective motorcycle caused your wreck or contributed to your injuries, however, the part manufacturer may be liable and a product liability attorney can help you. The City of Peoria or State of Arizona could be responsible if a road defect such as a pothole caused your crash. Our Peoria motorcycle accident lawyers can investigate your accident if you do not know its cause.
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
Before a courtroom will award you financial compensation for a motorcycle accident, you or your attorney must provide evidence of four main elements of proof. The first is the defendant’s duty of care, such as a driver’s duty to safely and properly operate a vehicle. The second is a deviation from the duty of care. This can refer to an act of negligence, carelessness, recklessness or intent to harm. The third is direct cause; the defendant’s breach of duty must have directly caused your motorcycle accident. The fourth and final element of a negligence claim is damages. You must have compensable damages connected to the defendant’s actions to qualify for compensation.
Tackling an insurance claim or personal injury lawsuit as a motorcycle accident victim is not easy. Many insurance companies try to save money by treating claimants unfairly, such as citing assumption of risk as a defense for a motorcycle accident claim. The best way to combat insurance bad faith tactics and receive fair compensation for your injuries is to hire a motorcycle accident lawyer. An accident attorney can help you with the complicated aspects of your injury claim while you focus on healing and treatments, including proving the four elements of negligence on your behalf. A lawyer can also ensure you do not accept a settlement until it accurately represents your damages.
A serious motorcycle accident could permanently change your life. If you have mounting medical bills, painful personal injuries, lost wages or other damages due to a recent motorcycle accident; do not hesitate to contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer for an injury claim consultation. We can review your case for free and list the ways in which our motorcycle accident attorney in Peoria can help you move forward with a claim. Call (623) 847-7117 to speak to an attorney today.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
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It was absolutely an immense pleasure working with The Law Offices of John Phebus. My attorney,John Phebus , gave the case for my family member all the time and attention that was needed to be successful with their appeal. He is an amazing person and excellent attorney. He has a calming and confident presence with his practice. I never once was treated as anything other than a valuable client by Mr.Phebus. I very much appreciate the knowledge and support I received through his Law firm. John’s team is highly experienced and helpful. Most importantly they treated our case with much care. Extremely impressed by their dedication and professionalism.
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Arizona law provides robust protections for motorcycle accident victims by ensuring they can pursue legal recovery for damages caused by another party’s negligence. The state follows a “fault-based” system, whereby victims can file claims against the at-fault driver’s insurer and, if necessary, pursue a lawsuit to recover compensation.
Also, ARS §12-542 sets the statute of limitations for these cases to two years from the date of the accident. This law sets the pace for acting after a motorcycle accident, ensuring that victims have the opportunity to secure compensation to recover from their injuries.
Moreover, Arizona employs a pure comparative negligence rule, which means victims can still recover damages regardless of their level of fault. However, their compensation will reflect their percentage of fault. This rule ensures that victims are not unfairly denied compensation due to minor contributory actions.
Arizona also requires drivers to carry minimum liability insurance—$25,000 for bodily injury per person, $30,000 for bodily injury, and $10,000 to cover personal property. Thus, if the other driver is underinsured, victims can pursue compensation via their own uninsured/underinsured motorist coverage.
Furthermore, A.R.S. 28-964 requires underage motorcycle riders and passengers to wear helmets to help reduce the severity of injuries in accidents. Riders should also wear safety glasses, approved goggles, or a clear safety shield if the motorcycle lacks a windshield.
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:
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:
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:
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:
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:
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.
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