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A motorcycle accident can bring with it a lot of uncertainty. Who’s to blame? How do you make sure you get the right medical care? And how do you protect your rights to obtain fair compensation?
Being in a motorcycle crash in or near Kingman can turn your life upside down, but you don’t have to handle the aftermath alone. With the help of an experienced personal injury lawyer, you can pursue compensation for your injuries, protect your legal interests, and focus on getting better.
Generally, in order to present a valid claim after a motorcycle accident, you will need to prove the elements of negligence, which requires you to prove the following four elements:
Whether you’re eligible for compensation following a motorcycle accident hinges on various factors and the specific details and facts of the incident. For instance, it may be possible to show a breach of the duty of reasonable care if the other party swerved into your lane or failed to yield to your motorcycle. Proving causation entails showing that the actions of the other driver directly caused the accident, leading to your injuries. Additionally, you will need to show damages, which means demonstrating that you incurred financial losses, such as medical bills, damage to your bike, and lost wages. You will need strong, relevant evidence regarding both liability and your damages in order to recover compensation in your claim.
Following a motorcycle accident, you may be dealing with some significant financial setbacks. You might find yourself facing bills for hospital stays, doctor’s appointments, medications, and a range of medical procedures, including imaging, specialist consultations, and therapy sessions post-release. There could also be a need for ongoing nursing care or home health care. On top of medical expenses, there’s the issue of damage to your motorcycle, which could require costly repairs or even replacement. The inability to work due to injuries that you’ve sustained can also result in lost income and further compound financial strains.
Moreover, you may be faced with some general damages — which may be more difficult to ascertain and calculate — including pain and suffering, diminished quality of life, and the loss of activities you once enjoyed. To seek compensation for these losses, it’s crucial to present a comprehensive picture of the damages you have incurred. It’s important to obtain guidance from a seasoned car accident attorney who can adeptly quantify your losses so that they can assess the full value of your damages.
Motorcycle accident claims often present a more complex legal landscape compared to typical car accident cases. One primary reason is the inherent vulnerability of motorcyclists on the road: motorcyclists are more exposed on the road, making them more likely to get seriously hurt. From broken bones to head injuries or even fatalities, the injuries from motorcycle accidents can be really severe. Because the injuries can be so serious, you may find it difficult to figure out how much compensation to ask for, and that leads to higher stakes and more contentious negotiations between the parties and insurance companies.
Additionally, it is more difficult to determine liability in motorcycle accidents than in car accidents. Motorcycles are smaller and less visible than cars, making them more susceptible to being overlooked or underestimated by other drivers. Things like lane splitting and differences in how motorcycles and cars move can make it harder to figure out who’s to blame, which can really complicate the process. A knowledgeable lawyer can help you navigate the process and help you get the compensation you deserve.
Each state establishes its own laws regarding motorcycles and the rules of the road. In some motorcycle accident claims, those laws can play a significant role. In Arizona, some important motorcycle laws aim to enhance road safety. For instance, Arizona mandates that all motorcyclists under 18 wear helmets. Those 18 and older can opt out of helmet use if they carry at least $10,000 in medical insurance coverage. Protective eyewear is mandatory for all motorcycle riders, except when a windscreen is present.
Lane splitting, the practice of motorcycles traveling between lanes of traffic, is expressly prohibited in Arizona. Motorcyclists also must adhere to standard traffic rules and remain within designated lanes. Safety measures for motorcycles include restrictions on handlebar height—handlebars cannot exceed the rider’s shoulder level while seated; also, headlights must remain illuminated at all times, even during daylight hours. If you are carrying passengers, your motorcycle must be equipped with footrests.
Aside from those specific statutes governing motorcycle safety and conduct, negligence law governs motorcycle accident claims in Arizona. Negligence allows accident victims to hold the at-fault party accountable for their actions, as explained above.
The statute of limitations sets the time limit for filing your lawsuit. In Arizona, for personal injury cases like those from a motorcycle accident, you have two years from the accident date to file your claim. Missing this deadline could mean losing your chance to seek compensation. It’s vital to know this deadline to protect your right to pursue damages. That’s why consulting with an experienced attorney about your legal rights and how to get compensation for your claim is so important.
There are various people who may wish to seek legal consultation following a Kingman motorcycle accident. For example:
It is always a good idea to consult with a motorcycle accident lawyer after a motorcycle crash. However, in some circumstances, seeking help from a personal injury lawyer is not only helpful but also essential in order for you to protect your legal rights. For example, if the accident involved serious injuries or substantial damages, it is important that you have a thorough understanding of the full extent of your damages and the compensation available to you. An experienced personal injury lawyer can help you assess your damages accurately.
If the facts of your case are complicated — for example, if it is unclear who was responsible for the accident or if there are multiple parties involved — you should seek the counsel of an experienced attorney. A motorcycle accident case might pose complex questions about liability and damages, and that is a fight you don’t want to have on your own. Complicated facts mean you will need to present your case accurately, definitively, and using relevant evidence in order to prevail in your case. A knowledgeable Kingman motorcycle accident attorney can research the laws applicable to your case, discuss and weigh your potential options, and offer advice about how you can best prove your claim.
After a Kingman motorcycle accident, you may be faced with significant injuries, financial losses, and long-lasting, sometimes life-changing trauma. It is crucial to seek guidance from a lawyer regarding the necessary steps to safeguard your legal rights. Insurance companies have substantial legal and financial resources, which poses an incredible challenge when dealing with them on your own. A seasoned Kingman motorcycle accident lawyer can skillfully negotiate with insurers on your behalf, striving for a just and equitable outcome.
At Torgenson Law, we have over 20 years of experience representing injury clients throughout Arizona. We focus solely on personal injury, giving us a deep understanding of all the laws, processes, and practices necessary for our clients to be successful. We believe that constant communication is a vital part of the attorney-client relationship. We strive to keep the lines of communication with our clients open and always provide updates at each stage of every case. When you are hurt, you need lawyers who will have your back every single step of the way. Call us for a free consultation in your Kingman motorcycle accident case, or request one online.
