Motorcycle accident injuries vary greatly depending on the severity of the crash. The lack of physical protection around motorcyclists often leads to more serious injuries compared to those involved in passenger vehicle accidents. Common injuries resulting from motorcycle accidents include:
Motorcycle Accident Injuries
Fractures and Broken Bones
Motorcyclists are more likely to suffer fractures due to the lack of protection in the event of a crash. Fractured arms, legs, and ribs are some of the most common injuries sustained in motorcycle crashes. These injuries often require extensive medical treatment, such as surgery, rehabilitation, and ongoing therapy, leading to significant medical bills and lost wages.
Spinal Cord Injuries and Paralysis
Spinal cord injuries are some of the most severe motorcycle accident injuries. A sudden impact during a crash can cause damage to the spinal cord, leading to partial or full paralysis. These catastrophic injuries often require lifelong medical care and assistance. If you or a loved one has suffered a spinal cord injury in a motorcycle accident, it is crucial to consult with an experienced motorcycle accident lawyer who can help secure compensation for medical bills, rehabilitation, and long-term care.
Traumatic Brain Injuries (TBI)
Traumatic brain injuries (TBI) are common in motorcycle accidents, especially in cases where riders are not wearing helmets. TBIs can lead to long-term cognitive effects, such as memory loss, difficulty concentrating, and personality changes. Even a minor TBI can result in significant medical expenses and lost quality of life. A motorcycle accident claim can help victims recover compensation for the emotional and physical consequences of such injuries. The Centers for Disease Control and Prevention (CDC) offers a comprehensive guide on TBI.
Death and Fatalities
Motorcycle accidents have a much higher fatality rate compared to car accidents. Unfortunately, some crashes result in the death of the motorcyclist. In cases of wrongful death, the family members of the victim can file a claim for compensation. This includes medical expenses, funeral costs, and loss of companionship. A Phoenix motorcycle accident attorney can help guide you through this difficult time and fight for the justice your loved one deserves. For more information about motorcycle safety, you can refer to the National Highway Traffic Safety Administration (NHTSA).
Arizona Motorcycle Accident Laws
Motorcycle accident cases in Phoenix, Arizona, involve a unique set of legal considerations that differ from other types of personal injury claims. Understanding Arizona’s laws is essential for anyone who has been involved in a motorcycle collision, as the state’s legal framework plays a pivotal role in determining how claims are handled and compensation is awarded. Working with an experienced motorcycle accident lawyer in Phoenix can help ensure that victims of motorcycle crashes are treated fairly and receive the compensation they deserve.
Fault and Negligence in Arizona Motorcycle Accident Cases
Arizona is a fault state when it comes to motor vehicle accidents, including motorcycle collisions. This means that the party responsible for causing the accident is liable for damages. In a motorcycle accident case, the injured motorcyclist (plaintiff) must prove that the other driver (defendant) was negligent in order to recover compensation.
To prove negligence in a motorcycle accident case, the injured party must show that:
- The defendant had a duty of care: In the case of a motorcycle accident, this means that the other driver was expected to follow the rules of the road, such as obeying traffic signals, not speeding, and not driving under the influence of drugs or alcohol.
- The defendant breached their duty of care: This can happen if the driver was speeding, distracted, or driving recklessly.
- The breach caused the accident: Evidence needs to be presented that the defendant’s actions directly led to the motorcycle collision.
- The accident caused harm: The injured motorcyclist must provide proof of their injuries, property damage, and any related expenses like medical bills and lost wages.
Evidence of fault can come from various sources, such as police reports, dashcam footage, eyewitness testimony, and even accident reconstruction experts. A skilled motorcycle accident attorney can help gather this evidence to build a strong case and ensure the defendant is held accountable.
Comparative Negligence in Arizona
Arizona follows a comparative negligence standard, which means that even if the injured motorcyclist is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by the percentage of fault they share in the accident.
For example, if the motorcyclist is found to be 30% at fault for speeding, but the other driver is 70% responsible for running a red light, the motorcyclist’s compensation will be reduced by 30%. This system ensures that accident victims are not unfairly denied compensation, but it’s crucial to have a motorcycle accident lawyer on your side who can help present the facts and minimize your share of fault.
Statute of Limitations for Motorcycle Accident Injury Claims
In Arizona, the statute of limitations for filing a motorcycle accident injury claim is two years from the date of the accident. This means that if you are involved in a motorcycle crash, you must file your claim within two years to avoid losing your right to pursue compensation. However, there are certain exceptions to this rule, such as when the accident involves a government entity, where the time frame may be shorter.
It’s important to contact an experienced personal injury attorney as soon as possible after the accident to ensure you don’t miss this critical deadline. An attorney can help you understand the full scope of your legal options and file the necessary paperwork on time.
Motorcycle Insurance Requirements in Arizona
In Arizona, motorcyclists are required to carry liability insurance, which includes:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
While these minimum coverage limits may meet the legal requirements, they often don’t cover the full extent of the medical bills, rehabilitation costs, or lost wages that result from a motorcycle accident injury. For this reason, many riders choose to carry uninsured/underinsured motorist coverage, which protects them if the at-fault party doesn’t have enough insurance to cover the full cost of the accident.
Helmet Laws in Arizona
Arizona’s helmet law requires that riders under 18 wear helmets while operating a motorcycle. However, adults are not legally required to wear a helmet. Despite the lack of a helmet law for adults, wearing one can impact the outcome of your motorcycle accident case. If you are injured in a motorcycle crash and were not wearing a helmet, your damages could be reduced if it is determined that your injuries were more severe due to the lack of head protection.
Wearing a helmet is not just a safety measure; it also serves as evidence of reasonable care in a motorcycle accident injury claim. A court may look favorably on a rider who took steps to protect themselves, even if they were not legally required to do so.
What to Do After a Motorcycle Accident
