Tucson Motorcycle Accident Lawyer
Call (800) 863-5312 To Speak With A Tucson Motorcycle Accident Lawyer
Motorcycle riding is beloved in Tucson thanks to the open roads, nearby mountain ranges, and beautiful desert landscapes. Many adventurous types pass through, and motorcyclists are among those who most frequently visit. They know firsthand that riding a motorcycle is more than just an efficient mode of transportation: it provides a sense of freedom and great stress relief. Still, motorcycles can be incredibly dangerous to our mortal bodies, especially as motorcycles do not offer safety features that conventional vehicles do. When an accident happens, it’s important to call a Tucson motorcycle accident lawyer as soon as possible.
If you or a loved one has been injured in a motorcycle accident in Tucson and you are wondering, “Is there an affordable injury lawyer near me?” call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation today with a Tucson motorcycle accident lawyer.
How Do Motorcycle Injuries Happen?
Motorcycle injuries may occur in numerous ways. A non-exhaustive list includes:
Failure of Other Cars to Notice Motorcyclist
Unlike cars and trucks, motorcycles are small and less easy to spot when driving. When a driver is non-attentive, he may merge into a lane without realizing that a motorcyclist is already occupying the lane. When this occurs, a catastrophic motorcycle accident ensues. To be fair, a motorcyclist’s ability to weave in and out of different lanes with ease often means even an attentive driver may accidentally make contact with a motorcyclist.
Hazardous Road Conditions
Tucson road conditions are not always ideal or safe to travel through.
- Sometimes the road is slippery.
- Construction work impacts lane availability.
- Debris blocks parts of the road.
- Potholes or uneven pavement makes lanes hazardous to smaller vehicles.
A passenger vehicle is better equipped to avoid a serious accident while dealing with rough road conditions than a motorcycle is. A motorcyclist must always be attentive to the conditions of the roads they travel.
Head-on Collision with A Passenger Vehicle
Head-on collisions are incredibly dangerous regardless of what vehicles are involved, but a head-on collision between a passenger vehicle and a motorcycle puts a motorcyclist at substantially greater risk of fatality. This is obviously due to the lack of protection a motorcycle provides during a crash. Not having restraints or a windshield means that when a motorcyclist is in an accident, there is a greater chance the rider will be thrown off their motorcycle and into the air with a traumatic—and typically severe—injury awaiting them.
Driving under the influence is illegal in all 50 states. Unfortunately, every year numerous people get behind the wheels of their vehicles while intoxicated. Intoxicated drivers are unable to adequately pay attention to their surroundings while on the road.
Drivers who are not following the speed limit and/or are making sharp turns beyond the recommended speed have a higher chance of colliding with a motorcycle, causing severe injury to the motorcyclist. For example, cars making left turns at fast speeds are known to be very dangerous to motorcyclists. That is due to the fact that when one is speeding, their ability to perceive and react to those around them greatly diminishes.
Animals Running into the Road
Even on beautiful mountain roadways, motorcyclists must always pay attention to their surroundings. Depending on the area, animals such as coyotes or deer may run into the road, forcing a motorcyclist to attempt to swerve hastily to hitting them. That does not always work, and when it does, it may only lead to the motorcycle crashing into an oncoming car, truck, or other motorcycle.
The Motorcycle Itself
Sometimes an accident occurs because there are inherent problems with the motorcycle itself, such as when the engine combusts or tires fall off. When the problem is the motorcycle, a motorcyclist may be able to sue the motorcycle’s manufacturer. Consult a personal injury attorney to learn more about this option.
Motorcycle Accident Injury Statistics
The National Highway Traffic Safety Administration NHTSA reported that 5,014 motorcyclists died in motorcycle accidents in 2019. In the same year, motorcyclists were almost 29 times more likely to die in a crash than passenger car occupants, comparing per vehicle miles traveled. Furthermore, because motorcyclists are less protected than those who are in cars or trucks, they sustain much more severe injuries in serious accidents.
What Are Common Motorcycle Accident Injuries?
Similar to drivers of cars and trucks in crashes in and around Tucson, a motorcyclist can encounter a wide range of injuries, varying in severity. Here are just a few of the more common examples:
- traumatic head injuries
- rib fractures
- bone fractures
- internal injuries
- broken bones
- road rash
Interestingly, studies demonstrate that older motorcyclists (40+) have a higher tendency to suffer rib injuries than younger motorcyclists do. Conversely, younger motorcyclists have a higher tendency to suffer arm and leg injuries after motorcycle crashes.
What To Do After A Motorcycle Accident
Here are several important steps to take following a motorcycle accident.
Evaluate Your Medical Status
The most important thing to do after your accident is to monitor your health. If your injuries are severe, you must go to a nearby medical facility as soon as possible. Even if your injuries are not immediately critical, you should still check into a medical facility, as injuries can sometimes take days to present themselves.
Call the Tucson Police
After assessing your initial health status, notify 911 of the accident. When a police officer arrives, they will likely ask you questions about how the accident occurred. Be truthful with the police, but do not admit to any fault or liability in the matter.
A police officer will likely ask you to fill out an accident report. It is recommended that you do so and then request a copy of the report when it becomes available.
Contact Your Insurer
Notify your insurer that you intend to file a claim against the party responsible for your accident. However, do not divulge too much information about your condition before contacting an injury attorney.
That is particularly relevant, for if you contacted the insurer not long after the accident occurred, symptoms of an injury may not yet have manifested. You may not be in as much pain as you will be in later, so your statement to them may not accurately reflect your true physical condition. You do not want a statement early on—that you do not feel any symptoms of an injury—used against you later, at trial.
If it is possible and safe to do so, take photos following the accident. Snap photos of:
- the damage done to your motorcycle
- the location of the accident
- the road conditions
- your injuries
- the vehicle that caused your accident (focus on the license plate for identification purposes)
If any witnesses are present on the scene, try to get their names and contact information. Witnesses greatly help a motorcycle accident attorney present corroborating evidence of your side of the story during litigation.
Further, make sure that you document any and all medical expenses that you incur afterward, as that will help your attorney prove the extent of your injuries and what your monetary compensation for damages should look like. Document any and all hospital visits, physical therapy sessions, days taken off from work, and the expenses needed to repair or replace your motorcycle.
Retain a Tucson Motorcycle Accident Lawyer
Retain an attorney after suffering any kind of motorcycle accident. The attorney may want to talk over the phone or in person about your accident. He or she will want to gather information from you that will help clarify who or what was responsible for the crash.
To properly prepare your case, they must know where the accident occurred, what the weather and road conditions were like, who you think caused the accident, how the accident happened, and whether there were any witnesses. If you have already contacted the insurance companies, the attorney will want to know what you disclosed to their agent. Finally, your lawyer will need to know the severity of your injuries.
A Tucson motorcycle accident attorney will be able to guide you through the legal process of getting your case filed on time according to Arizona law. Zinda Law Group personal injury attorneys can help you determine fault and advise you on how to avoid pitfalls with your potential claim. If we take your case, we will do everything we can to assist you in obtaining maximum compensation for your injury.
Filing A Lawsuit
After retaining a Zinda Law Group Tucson lawyer, you will be asked to provide the lawyer with your medical expenses, the contact information you have of any potential witnesses at the scene of the accident, a copy of the police report, and any other information the lawyer believes would be helpful to your case. This legal expert will take the evidence and use it to strengthen the value of your case.
After filing the lawsuit against the responsible party or parties, the lawyer may negotiate with the insurance company on your behalf to obtain a favorable monetary settlement for you. If the negotiations are unsuccessful, your lawyer will bring your case to trial and advocate that you are entitled to maximum compensation from the accident.
Who Is At Fault?
Arizona follows an at-fault system for determining liability after a vehicle-related accident. Unlike some other states, Arizona also uses the doctrine of comparative negligence to decide how much in damages a party shall receive. Comparative negligence means that the party bringing a personal injury claim will have their monetary compensation adjusted depending on how much at fault they were for the accident.
For example, if your damages for a motorcycle injury amount to $100,000 but you were 10% at fault, you will receive $90,000 in compensation. Conversely, if the damages from your injury amount to $100,000 but you are 90% at fault, the court will award you $10,000 in compensation.
If two or more parties are responsible for your injury, Arizona law mandates that under the right to contribution, a percentage of the overall compensation is shared by all responsible parties, based on each party’s proportion of responsibility. A Tucson court may allocate fault among several different parties, including:
The Other Driver
The other driver is at fault for your motorcycle accident when the driver was negligent in following the rules of the road, driving recklessly, or driving while intoxicated. If the accident would not have happened had the other driver abided by the relevant driving laws, you will likely have a strong case to make that the other driver is at fault for your injury. With a stronger case, you have a stronger chance of collecting maximum compensation.
A government entity is responsible for your motorcycle accident if the accident would not have taken place but for the action, or inaction, of the government. For example, if the local government set up road work construction on a busy road yet did not use any signs to notify oncoming drivers of the expected construction, leading to your accident, you may have a claim against the government for negligence.
The Motorcycle’s Manufacturer
Consumers have an inherent expectation when they purchase a motorcycle, that it is safely put together and functions properly. If there are defects in the motorcycle that become apparent while on the road, that is the fault of the manufacturer and not yours.
If the accident occurs due to a breakdown with the motorcycle that is not your fault (e.g., an engine that bursts or brakes that completely fail), you should focus your attention on bringing a lawsuit against your motorcycle’s manufacturer. Make sure to consult a personal injury lawyer about your legal options when it comes to product liability cases.
What Can I Expect For Compensation?
Since Arizona law prohibits damage caps, there is no set amount of compensation you can receive after a motorcycle accident. Rather, recovery amounts are analyzed on a case-by-case basis.
A motorcycle accident victim can request economic damages and non-economic damages. Economic damages are easily understood costs such as medical expenses, physical therapy invoices, loss of wages, loss of employment, and loss of property. Non-economic damages are subjective and non-monetary; they include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium suffered.
Family members may file a loss of consortium claim if the motorcycle accident caused the victim to pass away due to the injuries. It is commonly used in a wrongful death suit by the surviving spouse, children, or other immediate family members for the loss of love and companionship from the deceased.
What Are The Statutes Of Limitations?
Arizona has a two-year personal injury statute of limitations. This means that you have two years from the date of the accident to file a personal injury claim against the party responsible for your motorcycle injury or else you cannot receive compensation.
If you intend to file a claim against a government entity for your injuries, you must file a claim within 180 days of the accident. An example of this would be when you believe that, but for the government’s actions, your motorcycle crash into the highway construction vehicle would not have taken place.
Zinda Law Group Tucson Motorcycle Accident Lawyer Is Here To Help
Motorcycle accidents are highly emotional for everyone involved. When navigating police reports, medical expenses, and rehabilitation, it is important to have a personal injury lawyer who is focused on assisting you to obtain maximum compensation for your injury. That way you can focus on recovering and getting your life back to how it was prior to the accident.
At Zinda Law Group, our Tucson injury lawyers have experience and knowledge of relevant laws to guide you through the process after a motorcycle accident. If you or a loved one has been injured in a motorcycle accident, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation.
You pay nothing unless our Tucson injury lawyers win your case. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.