Motorcyclists experience both a greater degree of freedom on the road, and also a higher likelihood of serious injury or death. The NHTSA notes that motorcycle riders are disproportionately represented in fatal traffic crashes, and some 5,014 motorcyclists died in 2019 alone. When you are injured in a motorcycle accident caused by someone or something else, you could be entitled to compensation for your injuries. If you have lost a loved one in a motorcycle accident, you may have rights to benefits through a wrongful death claim, as we’ll discuss.
One of the experienced Scottsdale motorcycle accident attorneys from the Law Offices of John Phebus is available to review your case and discuss options, and read on to learn more.
Drivers are Liable for the Damages from Accidents They Cause
You are entitled to compensation for your damages when someone or something else was the legal cause of your motorcycle accident. Determining liability requires that the legal concept known as “negligence” is applied to the unique facts and circumstances of your case. Negligence is basically when a party owes you some level of care or duty, and then you experience damages from injuries due to an accident caused by their violation of that duty of care.
Common causes of motorcycle accidents that drivers are liable for include:
Losing a Loved One in a Motorcycle Accident Can Entitle You to a Wrongful Death Claim
If you have lost a loved one in a motorcycle accident, you could be entitled to recover compensation through a legal action known as a wrongful death claim. Under Arizona wrongful death law, the surviving spouse, child, parent or guardian, or personal representative of the deceased may bring a wrongful death action. When the party was found to have been killed as a result of a wrongful act, neglect, or default, then damages are available.
Wrongful death damages include compensation to replace the financial contribution of your lost loved one to your household, calculated from the time of the accident through their working life. The courts also recognize that companionship and emotional support also have value, and will award damages for the loss of your loved one through a legal concept known as a “loss of consortium”. Wrongful death actions can be complex, and require the accurate application of the law to the facts of your loved one’s accident, and the claiming of complete damages.
Reach out to a Scottsdale Motorcycle Accident Lawyer on Your Case
Collecting what you deserve for your motorcycle accident injury depends upon the evidence collected in support of your case, and how effectively your claim is drafted and negotiated. Working with a Scottsdale motorcycle accident lawyer helps to ensure that your rights are respected, and your damages covered in full.