Many parties can be at fault for motorcycle accidents. In most cases, those at fault do something unreasonable to cause the collision—lawyers refer to such unreasonable action as negligence. Car, truck, and SUV drivers can be negligent, as can municipalities, motorcycle manufacturers, motor vehicle manufacturers, and pedestrians.
Determining who is at fault for a motorcycle accident is important, as the conclusion has financial implications. Allow an Arizona motorcycle accident lawyer not just to determine who is at fault for your accident but to identify liable parties and fight for your full and fair financial recovery.
Common Examples of Faults in Motorcycle Accident Cases
With motor vehicles and riders traveling packed roads in various weather conditions at all times of day, there are countless ways for accidents to happen. Some of the most common examples of at-fault parties causing motorcycle accidents include:
Drivers Acting Recklessly
Some motorists understand the danger that a speeding, multi-ton vehicle poses. They’re cognizant of the fact that riders and many others can lose their lives if they do not drive with the utmost care. Statistics indicate that many drivers are far more careless.
Some behaviors that undoubtedly increase the likelihood of a traffic accident include:
- Tailgating
- Changing lanes dangerously and weaving through traffic
- Speeding, including racing
- Running stop signs, red lights, and yield signs
- Driving too fast or carelessly in poor weather conditions
- Impaired driving
- Distracted driving
Hundreds of thousands of accident victims suffer injuries each year due to distracted drivers alone. Even more suffered an injury and were killed due to drunk drivers, speeding drivers, and other careless motorists.
Riders are among the populations most vulnerable to drivers’ carelessness, as they don’t have the structure of a vehicle around them for protection.
Municipalities Neglecting Rider (and Driver) Safety
Taxpayers assume that some portion of state and federal revenues are going to ensure safe driving conditions. Yet, riders and other motorists are routinely injured because of:
- A lack of lighting along roadways, which is particularly hazardous during nighttime driving
- Uneven asphalt, potholes, cracks, inconsistent lane markings, and other hazards on the driving surface
- Traffic signals that lose power or malfunction in other ways
- Traffic signs that have been knocked over, defaced, or never installed in the first place
- Roads that are not promptly cleared of snow, ice, or other hazards
Maintaining safe driving conditions is a 24/7 job, but municipalities too often fall far short of the calling. Even when road improvements are underway, hazardous work zones can endanger riders and other travelers.
Pedestrians Being Unaware of Their Surroundings
Motor vehicles can strike a pedestrian without the driver or passenger suffering injury. This is far less likely if a motorcycle hits a pedestrian. In fact, it’s more likely that:
- The rider will evade the pedestrian (but fall off their bike, hit another vehicle, run off the road, or face other harm in the process)
- The rider will have to break suddenly, which can expose them to a rear-end collision, falling over the handlebars, or other harmful events
- The rider will be injured if a collision with the pedestrian does happen
Even if a pedestrian is also injured in the accident, they are at fault if they entered a rider’s path without the right of way.
Automotive Manufacturers Selling Defective Products
Few defective products are more dangerous than motorcycles, cars, trucks, and other motorized vehicles. The consequences of such defective products can be life and death.
If any defect in a motorcycle or other motor vehicle contributed to your accident, your lawyer will determine who is at fault. The product owner and manufacturer are two parties they will evaluate for negligent behavior.
How a Motorcycle Accident Lawyer Can Determine Fault for Your Collision
Insurance-specific laws in many states, including Arizona, place the financial burden of an accident largely on the at-fault party. This makes it vital for your motorcycle accident lawyer to prove who was at fault for your motorcycle accident.
Some types of evidence and information your attorney may use to prove fault are:
Statements from Those Involved in the Accident (Including You)
Firsthand accounts can be valuable when determining fault, though the issue of bias is always present. Your motorcycle accident attorney will:
- Record your account of how the motorcycle accident happened
- Use any relevant statements others involved in the accident gave to you, witnesses, law enforcement officials, or insurance companies
- Piece together such relevant statements with all other evidence of fault
Even if it’s not in their interests, those who cause motorcycle accidents sometimes admit fault—whether out of guilt, an ethical instinct, or a lapse in judgment. Your attorney will leverage any such admission of wrongdoing when building your case.
Evidence from the Accident Scene (or Near It)
An accident scene can provide critical pieces for your lawyer’s puzzle of evidence. Some vital evidence may include:
- Photographs of the scene, which may include skid marks
- Testimony from eyewitnesses at the scene
- Video from nearby cameras, which may show the accident occurring
- Photographs of the damaged motorcycle and any damaged vehicles involved in the accident
Motorcycle accident lawyers and their team members are ready to respond to accident scenes at the drop of a hat, as they know how important the evidence at the scene may be.
Experts’ Opinions, Analyses, and Reconstructions
Experts have an air of credibility that can enhance a motorcycle accident case. This is why motorcycle accident lawyers often rely on experts to:
- Analyze evidence they have gathered (such as tire marks, photographs of damaged vehicles, and video footage)
- Provide confident opinions about who is at fault for a motorcycle accident
- Reconstruct motorcycle accidents, which they may be through digital or physical exhibits
Attorneys never know what evidence will be available in a motorcycle accident case. They must investigate urgently and make the most of the available, proving fault based on the facts and evidence at their disposal.
Attorneys Don’t Stop at Determining Fault—Next, They Fight for the Client
Proving fault for a motorcycle accident is a step that lawyers can’t afford to skip, but it will not be the only step required to complete your case. Your motorcycle accident attorney may also:
- Study all insurance policies that should cover your losses: Notice the emphasis on the word “should” because insurance companies may try to avoid paying you. Your lawyer will review all relevant policies, make note of important details, and refer to those policies throughout your case.
- Determine financial liability for your losses: Liability for motorcycle accidents can be muddled. Your lawyer will cut through the confusion, identifying any at-fault parties, insurance companies, and others who owe you compensation.
- Gather proof of your losses: A seasoned lawyer will be ready for liable parties to challenge your case. They will be prepared with medical records detailing your injuries, bills for motorcycle repairs, expert testimony about your post-accident mental health difficulties, and all other proof of your losses.
- Calculate the value of individual losses and your total case: Your attorney will calculate the cost of your damages one by one. Some may have a relatively straightforward cost, with motorcycle repairs being an example. Other losses may be far more complex (and difficult to calculate), with pain and suffering being a prime example.
- Negotiate with liable parties: It can take time to determine a case value. The injured rider may need time to heal, determine if they are disabled, and find a clear picture of the future. Once they are ready, your lawyer will fight for a fair settlement.
The timeline for each case is different. No experienced lawyer should guarantee their client a deadline for resolving the case, as many variables are beyond their control. However, your lawyer should guarantee that they will work hard and resolve your case as soon as possible—and strive to secure all the compensation you deserve.
If You Need to Sue, a Lawyer Will Represent You (and Go to Trial, Too)
Motorcycle accident lawsuits happen. They don’t happen in most cases, but they do happen. Some reasons why an injured rider can decide to sue include:
- An at-fault motorist lacking the insurance necessary to cover the rider’s losses
- Insurance companies blaming the rider for the accident
- Insurance companies sticking to lowball settlement offers rather than negotiating in good faith
If a rider wants to sue, they often have the right to. If your case requires a conversation, your motorcycle accident attorney will review this strategy with you and lead any lawsuit or trial you want to pursue.
How Does a Lawyer Determine the Value of a Motorcycle Accident Case?
Your lawyer will calculate the value of your case by evaluating individual losses. Once they have assigned a financial value to each of those losses, they will know the total amount of money you deserve.
Some of the losses your lawyer may discover are:
Bills from Your Medical Providers
No injured rider should have to put off medical treatment for financial reasons. Your lawyer’s settlement demands will include the cost of any accident-related care you receive, which may have included:
- Ambulance transport and emergency services
- A hospital stay
- Surgery
- Imaging
- Medications
- Medical equipment
- Rehabilitation
Riders’ injuries are often severe and can even affect the rider for the rest of their life. Your lawyer will seek compensation for any present and future medical care you’ll need.
Pain and Suffering—and Treatment for It
Pain and suffering means more than just pain and suffering. This is a legal term that can refer to many hurdles one might face as an injured rider, including:
- Physical pain, which can include chronic pain
- Post-traumatic stress disorder (PTSD)
- Scarring, which may result from road rash
- Other forms of disfigurement
- Emotional anguish
- Psychological distress
- Lost quality of life
Attorneys know pain and suffering when they encounter it, and your attorney will listen to your story to identify how you’ve suffered. Your law firm may also hire one or more counselors and doctors to diagnose conditions like PTSD and depression.
Bike Repairs and Other Property Expenses
Property costs are a recurring damage in motorcycle accident cases. From repairs for your bike to temporary transportation costs, your lawyer will calculate all property damage as they compose their settlement demands.
Professional Harm
Injured riders are often unemployed workers. Some professional harm that can happen because of a motorcycle accident includes:
- Lost income
- Diminished earning capacity (for example, if you can only work in a part-time capacity on returning to your job)
- Lost bonuses
- Lost benefits
If you face a prolonged work absence, you might even lose promotions, job interviews, benefits, and other high-value opportunities.
A Rider’s Wrongful Death
In any given year, more than 6,000 riders in the United States can die because of their accident-related injuries. These are the most devastating cases, as they inflict permanent damage in every instance.
If you’ve lost a loved one, turn to a lawyer. An attorney’s services and support may be priceless during an unfathomably difficult time in your life. Your lawyer will demand fair compensation for all of your damages, which may include:
- Pain and suffering
- Loss of consortium
- Lost financial support
- Funeral costs
- Loss of the decedent’s household roles and contributions
Let an attorney sort out the details of fault, damages, and case values. Focus on your recovery from an accident, whether you or a loved one was the party involved in that accident.
It’s Time to Find a Motorcycle Accident Lawyer—Waiting Can Jeopardize Your Case
Those who do not prioritize their search for an Arizona personal injury lawyer may:
- Wait longer than they anticipated, allowing time to get away from them after the accident
- Have to rush their search for a lawyer because they procrastinated, which may lead them to choose a law firm they aren’t ultimately satisfied with
- Miss the deadline for reporting injuries to insurance companies or other authorities
- Miss the filing deadline for a motorcycle accident lawsuit
Avoid these potentially expensive problems by looking for your lawyer today. Law firms generally offer free consultations, so make some calls and hire the firm you’re most comfortable with.