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 for a free consultation. We may be able to help you recover.
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.
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 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.