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.
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.
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:
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.
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.
For your risk-free, cost-free assessment on your Scottsdale motorcycle accident injury, schedule your free consultation or call us at (623) 847-7117.
Arizona’s legal system provides strong protections for motorcycle accident victims in Scottsdale by allowing them to file for damages through a “fault-based” insurance system. Victims have a two-year statute of limitations, as per A.R.S §12-542, to file these claims, promoting timely legal action for compensation.
Moreover, the state’s pure comparative negligence rule permits victims to obtain compensation even if they share some fault, with adjustments made based on their fault percentage. Arizona’s mandatory insurance coverage and safety regulations, such as the helmet law for minors under A.R.S. 28-964, further protect motorcyclists’ rights.
In Scottsdale, establishing fault in motorcycle accidents involves a comprehensive evaluation of all evidence, including police reports, witness statements, and onsite evidence. Arizona’s comparative negligence law might result in shared fault among involved parties, influencing the final compensation. In complex scenarios, accident reconstruction specialists are often brought in to clarify the events leading up to the accident.
Victims of motorcycle accidents in Scottsdale are eligible for economic damages, which cover quantifiable losses like medical expenses, lost wages, and property damage. They can also seek non-economic damages for pain and suffering, emotional distress, and diminished quality of life. Initiating legal action swiftly is crucial to preserve evidence and strengthen your claim.
The statute of limitations for filing a motorcycle accident lawsuit in Scottsdale and across Arizona is two years from the date of the accident (A.R.S §12-542). This deadline is vital to preserve your legal right to compensation. Special conditions may apply, such as shorter deadlines for incidents involving governmental entities.
Motorcycle accident victims often face stereotypes that can affect their claims, with insurers potentially attributing higher risk behavior to them. This can impact compensation evaluations. Moreover, insurers may downplay injuries or offer quick, inadequate settlements. Navigating complex insurance policies requires expertise, which a Scottsdale motorcycle accident lawyer can provide.
A specialized attorney in Scottsdale will leverage detailed knowledge of local motorcycle laws to advocate effectively on your behalf. They will assemble a robust evidence base and potentially work with specialists to strengthen your claim, ensuring your injuries and damages are comprehensively represented in negotiations or court.
Choose an attorney with extensive experience in motorcycle accident cases, who is familiar with Scottsdale’s legal and traffic conditions. Evaluate their client feedback, communication clarity, and success record. An attorney who works on a contingency fee basis can align their interests with achieving the best outcome for you.
Take the first step to protect your future.
Tell us about your case to receive a free
and confidential consultation.