Being in a motorcycle accident can lead to significant injuries, and even take you out of work. If you have been injured in a motorcycle accident caused by someone or something else, you are entitled to compensation for your injuries. Motorcycle accidents are especially dangerous for motorcyclists, who continue to be overrepresented in fatal traffic crashes, with 5,579 motorcyclists killed in 2020 alone according to the US Department of Transportation.
The experienced motorcycle attorneys from The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer are standing by to assess your case.
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The CDC notes that many motorcycle crash injuries and deaths are preventable. While you might wear a helmet and drive as safely and responsibly as possible, you cannot account for the behavior of other drivers on the road. Drivers have a responsibility to pay attention when they drive, and to follow the rules of the road, and if an accident is caused because of a failure to do this the driver will be liable for the related damages.
The damages that you are entitled to will depend upon the short- and long-term medical costs associated with your injuries, like the emergency room visit and any ongoing medications, treatment, or rehabilitation that your injuries might require. Your damages also include lost wages, work benefits, and any negative impact on your earnings potential caused by your injuries.
Measuring these amounts can be complex, and your experienced Surprise motorcycle accident attorney handles every step of the process so you can focus on recovering from your injuries.
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
Linkedin Profile: John Allen Phebus
Drivers are guilty of many acts of negligence and recklessness that endanger the lives of motorcyclists in Arizona. Driver error is the number one cause of motorcycle collisions. Examples include speeding, tailgating, red-light running, making unsafe lane changes, drunk driving and failing to yield the right-of-way. When drivers are not paying attention, they are engaging in what is known as distracted driving. This is especially dangerous to motorcyclists, as they do not have the benefit of a metal chassis and airbags to protect them in the event of an accident.
Even with the safest motorcycle and helmet, a driver can cause a motorcyclist very serious injury. Arizona is a fault state, meaning that the driver or party at fault for the motorcycle accident is who will pay for the victim’s injuries. All drivers in Arizona must carry minimum amounts of liability insurance to pay for a motorcyclist’s medical bills and property repairs. You can only collect compensation for damages that you can prove, and this is done by collecting relevant evidence and drafting it into your claim or case.
Working with an attorney on your motorcycle accident takes the stress of collecting evidence, drafting a claim, and negotiating it with the insurance company out of your daily life. Your lawyer can return to the scene of the motorcycle accident, interview eyewitnesses, collect copies of accident reports and medical records, and take many other steps to build your case. If the insurance company won’t offer a fair settlement, we will take them to court on your behalf to collect what you deserve.
A motorcyclist does not have a great deal of protection from serious injuries. Most motorcyclists only have their helmets and the protective gear that they are wearing to prevent injuries – if that. Unfortunately, this means that severe injuries are inflicted against many motorcyclists involved in traffic accidents in Surprise, such as:
Many motorcyclists are never the same after their accidents. They can suffer permanent physical damage, disability and/or emotional scarring. While no amount of money can ever make up for a catastrophic motorcycle accident, fair financial compensation awarded to the victim can help an injured motorcyclist move forward with greater peace of mind.
If you get injured in a motorcycle accident, it is important to hire an attorney to represent you during the claims process. A motorcycle accident claim is not the same as a typical car accident case in Arizona. Insurance companies are less willing to pay injured motorcyclists due to biases against them.
An insurer may try to pay you less than you deserve with an argument such as the assumption of risk or the helmet defense, for example. This could interfere with your ability to make a fair and full financial recovery. In addition, motorcycle accident cases typically involve more severe and costly injuries than those inflicted in car accidents. Paired with unfair stereotypes against motorcyclists, severe injuries increase the odds of an insurance company offering significantly less than you deserve.
Finally, motorcycle accidents involve special laws and regulations in Arizona, such as different insurance rules and motorcycle safety and helmet laws. An experienced motorcycle accident attorney in Surprise can help you navigate all of these complications in the pursuit of justice and fair compensation.
If you or a loved one has been injured in a motorcycle accident in Arizona, seek counsel from a lawyer as soon as possible about bringing a personal injury claim. You have a deadline, known as the statute of limitations, on your ability to file a claim. In Arizona, the statute of limitations is two years for most motorcycle and automobile accident cases. The clock will begin ticking on the date of your collision, unless you do not discover your injury until later. In this case, the statute of limitations will start on the date that you discover or reasonably should have discovered your injury.
Your initial consultation is free, and if we take your case, you pay nothing out-of-pocket, and we only get paid if we win on your case. This is because we take cases on contingency, which means that we get paid out of a portion of what we win for you, that we’ll agree upon before getting started.
To discuss options with The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer, schedule a free consultation or call (623) 847-7117 as soon as possible after you have received medical care to support the quickest and fullest possible compensation in your case.
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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John is an expert at what he does. If you need a great lawyer, he’s the one to call. He will guide you through difficult times with ease. His communication is excellent, always keeping you informed every step of the way. I’m grateful to have had John as my lawyer now I can move forward and leave this behind me. I highly recommend him 100%, so don’t hesitate to reach out. Thank you, John, for your dedication and hard work!
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Arizona’s legal system provides strong protections for motorcycle accident victims by enabling them to seek compensation through a “fault-based” insurance system. In Surprise, if you’re involved in a motorcycle accident due to someone else’s negligence, you can file a claim against the at-fault party’s insurer. State law under A.R.S §12-542 also specifies a two-year statute of limitations to initiate such claims, promoting timely legal actions for compensation.
Additionally, Arizona’s law of pure comparative negligence allows you to receive compensation even if you share some fault, with the amount adjusted according to your degree of fault. Mandatory liability insurance requirements and helmet usage laws for minors under A.R.S. 28-964 also bolster your legal protections and safety.
Determining who is at fault in a motorcycle accident in Surprise requires a detailed examination of the accident details, including police reports, witness statements, and evidence from the scene. The state’s comparative negligence principle may attribute shared fault across involved parties, which influences the compensation amount. For complex cases, specialists such as accident reconstruction experts may be utilized to determine fault accurately.
Accident victims are entitled to economic damages, which include measurable losses like medical expenses, lost wages, and damages to personal property. Additionally, they can claim non-economic damages for subjective losses such as pain and suffering, emotional distress, and reduced quality of life. Initiating a lawsuit promptly ensures evidence preservation and strengthens your position in negotiation for these compensations.
You have a two-year window from the date of the accident to file a personal injury lawsuit in Arizona. This period is crucial for upholding your legal right to compensation and maximizing the effectiveness of your claim in negotiations. Special conditions apply for accidents involving government vehicles, requiring faster action.
Motorcycle accident victims often face prejudices that portray them as inherently reckless, which can affect the fairness of compensation evaluations by insurers. Additionally, insurance companies may downplay injuries and offer premature, insufficient settlements. Overcoming the complexity of insurance policies and claim processes often requires legal expertise.
An attorney with a focus on motorcycle accidents in Surprise will utilize their in-depth understanding of local traffic laws to advocate on your behalf. They will compile a robust array of evidence and consult with experts to counter any undervaluation of your injuries or blame placed on you, striving for the highest possible compensation.
It’s important to choose an attorney with a strong track record in motorcycle accident claims, knowledge of Surprise’s legal landscape, and positive client reviews. Clear communication and an understanding of court processes are also vital, alongside a contingency fee structure to ensure alignment with your financial and legal interests.
