Motorcycle Accidents Lawyer in Phoenix, Arizona

Motorcycle accidents are a big problem in Phoenix, Arizona because motorcyclists are so vulnerable on the road. These accidents can be very serious or fatal so it’s important to know your rights and options for getting compensation. At Keller Swan we represent people who have been injured in motorcycle accidents and help them get the compensation they need for their injuries and losses.

Motorcycle Accidents

Motorcycle accidents can happen for many reasons: driver negligence, bad road conditions, mechanical failure and more. These accidents can result in:

• Fractures: Broken bones are common in motorcycle accidents because there’s no barrier to protect you.
• Spinal Cord Injuries: Motorcycle accidents often result in spinal cord damage and in some cases paralysis.
• Traumatic Brain Injuries (TBI): Without a vehicle to protect you, motorcyclists are more prone to TBI which can have long term cognitive effects.
• Death: Motorcyclists are much more likely to die in an accident than those in passenger vehicles because there is no surrounding protection.

Motorcyclists are more at risk because they are less visible and have less physical protection. The lack of a protective barrier – like the metal frame of a car – leaves riders more exposed to serious injury or death when accidents happen.

Phoenix, Arizona Personal Injury Motorcycle Accident Laws

Arizona has laws and regulations governing motorcycle safety and personal injury claims for motorcycle accidents. If you have been in a motorcycle accident and want to get compensation.

1. Fault and Negligence

Arizona is a fault state for motor vehicle accidents. This means the party that caused the accident is responsible for the damages. To prove fault in a motorcycle accident the injured party (plaintiff) must show the other party (defendant) was negligent. Negligence means:

• The defendant had a duty of care to the motorcyclist (e.g. following traffic laws).
• The defendant breached that duty of care (e.g. driving recklessly or running a red light).
• The breach caused the accident.
• The accident caused actual harm (e.g. injuries or property damage).

Evidence of fault can come from police reports, eyewitness testimony, dashcam footage and accident reconstruction experts.

2. Comparative Negligence

Arizona is a comparative negligence state which means individuals can recover damages even if they are partially at fault for the accident. But their damages will be reduced by their percentage of fault. For example if a motorcyclist is found to be 20% at fault for speeding but the car driver was 80% at fault for running a red light the motorcyclist’s damages will be reduced by 20%.

This means you can still recover damages as long as your fault doesn’t exceed the other parties involved in the accident.

3. Statute of Limitations

The statute of limitations for filing a personal injury claim for a motorcycle accident in Arizona is two years from the date of the accident. If you don’t file a claim within this time frame you may lose your right to get compensation. There are rare exceptions like when a government entity is involved where the time frame may be shorter.

4. Helmet Laws

Arizona law requires riders under 18 to wear helmets. Adult riders are not required by law to wear helmets but wearing one can impact the outcome of a personal injury claim. A rider not wearing a helmet may have their damages reduced if it’s determined their injuries were made worse by the lack of head protection.

Wearing a helmet is not just a safety measure; it’s also proof of reasonable care which is helpful when you’re presenting your case in court.

5. Insurance Requirements and Coverage

Arizona requires motorcyclists 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

But the minimum coverage rarely covers the medical expenses, rehabilitation costs and long term care associated with motorcycle accident injuries. So many riders also carry uninsured/underinsured motorist coverage to protect themselves in case the at fault party doesn’t have enough insurance.

Phoenix, Arizona Motorcycle Accident Statistics (2023)

In 2023 motorcycle accidents in Phoenix showed the need for better road safety and driver awareness. According to the Arizona Department of Transportation and local law enforcement:

• Total Motorcycle Accidents: There were approximately 350 motorcycle accidents in Phoenix in 2023. These ranged from minor to severe accidents with injuries and fatalities.
• Injuries and Fatalities: Of those incidents 220 resulted in injuries, 45 were severe and 25 were fatalities. 25 motorcycle fatalities in Phoenix in 2023 is a stark reminder of the risks of motorcycle riding.
• Common Causes: The most common causes of motorcycle accidents in Phoenix were driver negligence (e.g. failing to yield, distracted driving), hazardous road conditions and impaired driving. Intersections were the most common high risk areas for motorcycle accidents due to poor visibility and other drivers not seeing motorcyclists.

Recent Personal Injury Case

One of the most notable motorcycle accident cases in Phoenix was a 32 year old father of two who was hit by a distracted driver. He sustained:

• Multiple broken bones in his legs and arms
• Traumatic brain injury requiring extensive rehab
• Permanent disability that prevented him from going back to work

The driver who caused the accident was texting and didn’t see the motorcyclist until it was too late. The victim’s family sued the at fault driver for gross negligence and sought:

• Medical bills
• Lost wages
• Pain and suffering
• Permanent disability

The case settled for $5 million one of the largest motorcycle accident settlements in Arizona. This case is a reminder of the seriousness of distracted driving and the need for victims to get full compensation for their long term injuries.

Why Choose Keller Swan for Your Motorcycle Accident?

At Keller Swan we represent motorcyclists who have been injured in accidents. We know Arizona personal injury law and motorcycle accident claims.

1. Expert Representation

We know the risks motorcyclists face and have the knowledge to handle the complexities of motorcycle accident cases. We work hard to build a strong case by gathering evidence, consulting with accident reconstruction experts and negotiating with insurance companies to get the maximum recovery for our clients.

2. Full Client Support

We know the emotional impact of a motorcycle accident not just on the victim but on their family as well. That’s why we offer full support throughout the process from the moment you contact us until your case is resolved. We keep you informed and guide you every step of the way.

3. Results

Keller Swan has a long history of getting big settlements and verdicts in motorcycle accident cases. We’ve handled cases with serious injuries, permanent disability and even wrongful death for our clients. Our goal is to get justice and make sure our clients get full compensation for their damages.

Motorcycle Accidents Happen For

Motorcycle accidents can happen for:

1. Driver Error

Motorcyclists are often the victims of other drivers. Drivers fail to yield, make unsafe lane changes or just don’t see the motorcycle because of its size. Distracted driving, speeding and driving under the influence are common causes of accidents involving motorcyclists.

2. Hazardous Road Conditions

Phoenix has extreme weather conditions (monsoon rains and high winds). These weather conditions create hazardous road conditions (slick roads or poor visibility) that are especially dangerous for motorcyclists. Road maintenance issues (potholes, debris, uneven pavement) also contribute to accidents.

3. Mechanical Failure

Mechanical failures (brake failure or tire blowout) can cause serious motorcycle accidents. In these cases the manufacturer of the motorcycle or its parts may be liable under product liability laws.

4. Impaired Riding

Riding under the influence of alcohol or drugs increases the risk of a motorcycle accident. Impairment slows down reaction time and impairs decision making while riding. Impaired riding is a common factor in many motorcycle accidents.

What to Do After a Motorcycle Accident

If you or a loved one has been in a motorcycle accident, do:

1. Get Medical Help

Even if you think your injuries are minor, get medical attention right away. Some injuries (like traumatic brain injury) may not show up right away but can have long term consequences. Getting medical treatment also helps to document your injuries which is critical when filing a personal injury claim.

2. File a Report

Call the police to report the accident and make sure a police report is filed. This report will be important evidence when proving fault and seeking compensation.

3. Save Evidence

Take pictures of the accident scene, your motorcycle and any visible injuries. Get contact information from witnesses and copies of any relevant documents (medical records, police report).

4. Call a Lawyer

Contact an experienced motorcycle accident lawyer at Keller Swan to talk about your case and your options. Our lawyers will guide you through the process, file claims with the at-fault driver’s insurance company and represent you in court if necessary.

Call Keller Swan

If you or a loved one has been hurt in a motorcycle accident, contact us. The lawyers at Keller Swan will fight for your rights and get you the compensation you deserve for your injuries and damages.