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If you’ve been involved in a motorcycle accident, there are a lot of questions to consider. Who is considered at fault and liable for the accident? How will you ensure you are receiving the medical care you need? How can you protect your legal rights and chance to obtain compensation for your injuries?
It’s important to obtain counsel after a motorcycle accident. With the assistance of a seasoned personal injury lawyer, you can pursue compensation for your injuries, safeguard your legal interests, and concentrate on your road to recovery.
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 have a valid motorcycle accident case depends on whether you can prove two important things: liability and damages. Liability means the other party is responsible for the accident, perhaps because they failed to give you the right of way, were speeding, violated some traffic laws, or were otherwise negligent on the road. Damages are defined as the monetary losses you have suffered as a result of your accident, such as medical bills, lost wages, and pain and suffering.
Motorcycle accident claims often involve more complex legal issues than typical car accidents. One key reason is the heightened vulnerability of motorcyclists on the road. Due to their exposure, motorcyclists face a higher risk of serious injuries, such as head trauma, brain or spinal injuries, broken or fractured bones, and even wrongful death. Given the seriousness of these injuries, it becomes very complicated to determine what constitutes fair compensation, leading to more intense negotiations between parties and insurance companies.
Additionally, assigning liability in motorcycle accidents can be trickier than in car accidents. That is problematic because liability is one of the most important concepts to prove in an accident claim. Motorcycles are smaller and less visible than cars, making them more prone to being overlooked by other drivers. Factors like lane splitting — when a motorcycle moves between lanes — and differences in how motorcycles and cars maneuver can further muddle the waters when determining fault. Therefore, it’s important to make sure that all relevant facts are carefully assessed and seek the guidance of a knowledgeable attorney.
The following are some examples of the types of compensation you might be able to seek after your Prescott motorcycle crash:
Each state establishes its own laws about motorcycles, and these laws often play a crucial role in any motorcycle accident claim. In Arizona, there are several key motorcycle laws aimed at promoting road safety. For instance, Arizona mandates that all motorcycle riders under the age of 18 wear a helmet. Riders who are 18 and older are exempt from helmet requirements if they maintain at least $10,000 in medical insurance coverage. Additionally, Arizona law stipulates that all motorcycle riders must wear protective eyewear unless the motorcycle is equipped with a windscreen.
Keep in mind that lane splitting is prohibited in Arizona. Motorcyclists must adhere to the same rules as other vehicles and remain within designated lanes. There are also regulations concerning motorcycle safety equipment, such as restrictions on handlebar height — handlebars cannot be positioned higher than the rider’s shoulders when seated on the bike. Moreover, motorcycles must keep their headlights on at all times, including during daylight hours, and must be equipped with footrests for passengers when carrying passengers.
In addition to specific statutes governing motorcycle safety and conduct, negligence law applies to motorcycle accidents in Arizona. Negligence, as discussed above, enables accident victims to hold the responsible party accountable if the accident was caused by the other party’s conduct.
The statute of limitations is the law that determines the deadline for filing your lawsuit. In Arizona, personal injury cases, including those based on a motorcycle accident, must be filed within two years from the accident date. Missing this deadline could result in forfeiting your opportunity to seek compensation. It’s very important to be aware of your lawsuit’s deadline to ensure you preserve your right to pursue damages, which is one of the reasons it’s important to consult with a knowledgeable attorney regarding your legal rights and how to obtain compensation in your claim.
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:
A Prescott motorcycle accident may leave you facing 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.
By enlisting the support of an attorney, you can defend your legal interests and receive expert counsel as you work towards reclaiming stability in your life. A knowledgeable Prescott 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.
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 understand that a motorcycle accident can leave you with debilitating, often life-changing injuries, along with significant financial impacts on your life.
After a motorcycle accident in or near Prescott, you need a legal team on your side that will help negotiate with even the toughest defendants and insurers toward a favorable resolution. Call us for a free consultation in your case, or request one online.
