Phoenix Motorcycle Accident Lawyer
"Michael was great! Very helpful and a great communicator. Never left me in the dark and always helped me from every angle. Highly recommend!" - Trevor
"Working with Joseph has been a great experience. I hope I never get hit by a car again, but if I do... I know who I'd be going to! I've referred him to a co-worker and will continue to refer him." Max L.
"Another driver rear-ended my motorcycle. The whole incident left me in pain and terrified of riding again. I wasn't sure what to do until I was told to contact an attorney. Joseph was the exact person I needed to helped me every step of the way. Very grateful." Matt M.
don’t have a Phoenix Motorcycle accident Lawyer In Your Corner?
Here’s why you should:
For years we successfully have represented clients for personal injury claims arising from car, truck, motorcycle, bicycle, and pedestrian accidents.
Our firm will investigate and prepare your claim against the party at fault and do our best to obtain a quick settlement of your claim. We will defend your rights all the way through arbitration and trial, if necessary. If you are looking for a Phoenix motorcycle accident lawyer, please contact us to get your case started immediately. If have any questions about the process:
NEED HELP? CONTACT US 24/7
(480) 947-3525
Call Now (480) 947-3525
CONTACT FORM
Things To know:
Don't Give A Statement
Do not give a recorded or written statement, except to the police or your own insurance carrier.
Don't Sign Anything
Do not sign anything without an attorney reviewing it first. Insurance companies may trick you into not being compensated.
Take Photographs
Take pictures. Take photographs of the property damage and accident scene. Take pictures of any scarring or bruising.
Don't Discuss Your Injuries
Do not discuss your injuries with the at-fault insurance company. You should discuss only the damage to your vehicle and the need for a rental car or “loss of use” compensation.
No Independent Medical Exam
Do not agree to any independent medical exam with anyone, including your own insurance company, without first speaking to an attorney.
Hire A Lawyer
By not hiring a lawyer you are leaving money on the table, Hiring a lawyer will grant you the ability to get compensated for your loss of vehicle use, medical bills and wage-loss.
Phoenix Motorcycle Accident Attorney
At The Law Office of Erica Gelfand, we are aware that defending the victims of motorcycle accidents involves a specific set of skills and experience, in addition to the capacity to comprehend the rights of motorcyclists, who are sometimes disregarded as having any rights at all. Our motorcycle accident attorneys in Phoenix fight to recover the many different types of damages and compensation to which our clients are entitled. These include medical expenses, hospital bills, rehabilitation expenses, lost earnings, future wage losses, lost earning capacity, physical disabilities, scars, losses of limbs, brain and head injuries, emotional distress, depression, anxiety, grief, and pain and suffering.
Our injury attorneys in Phoenix are aware of these concerns and collaborate with our clients, the client’s friends and families, as well as the clients’ medical professionals, psychologists, and long-term care planners, amongst others, to guarantee that our clients receive not only the highest quality legal representation but also the highest quality support and medical care.
Distracted Driving
Drivers who are distracted have a reduced awareness of their surroundings and frequently do not spot motorcyclists until it is too late to avoid a collision. When most of us think about distracted driving, the first thing that comes to mind is probably our cell phones. However, there are plenty of other, much less high-tech things that might serve as distractions. The following are some examples of the kinds of things that drivers can do to distract themselves when they are behind the wheel:
- Grooming
- Eating
- Texting
- Adjusting the radio
- Using a GPS device
- Reading
- Talking
- Looking at scenery
- Looking for objects in the car
- Tending to children
- Drunk Driving
Despite public education campaigns designed to educate people about the dangers of drunk driving and harsh penalties for even first-time offenders, people continue to drive drunk daily in the Phoenix area. These campaigns aim to educate people about the dangers of drunk driving and the harsh penalties that even first-time offenders face. Drivers who have been drinking pose a significant threat to the safety of motorcyclists because alcohol impairs a person’s ability to judge distances, react quickly, and be aware of their surroundings. Call the police immediately if you have any reason to believe that the driver who caused your accident was under the influence of alcohol.
Poor Road Maintenance
Inadequate road maintenance is a significant contributor to many collisions, particularly single-vehicle collisions. Potholes, overgrown vegetation, bad signs, faded paint, broken stoplights, poor drainage, and excessive grades are some road hazards that can quickly lead to a major motorbike accident.
It is crucial for the victim to be aware that claims resulting from accidents that occur on public property and are caused by poor road maintenance are subject to a unique set of legal standards that regulate legal actions taken against public bodies. Because of the strict time constraints that apply to these kinds of claims, victims should make it a priority to consult an attorney as soon as possible.
Defective Road Conditions
Motorcycle riders have a responsibility to recognize the state of the road and drive their vehicles appropriately, taking all necessary precautions. Potholes, abrupt curves, and steep slopes are common examples of hazardous road conditions that can lead to major motorcycle accidents. These road conditions can all increase the risk of being involved in a motorcycle accident.
Defective Motorcycles
Accidents on motorcycles that are caused by defects in their manufacturing, design, or marketing can be quite severe, and they frequently occur with little to no notice. Failures with the braking system, issues with the steering mechanism, issues with the tires, and issues with the fuel system are some examples of the kinds of flaws that frequently contribute to collisions. Those who have been injured in accidents of this nature frequently have the ability to file a claim for compensation with the motorcycle’s manufacturer.
Traffic Violations
The regulations that govern traffic are there to protect all of us, and drivers who disobey them can be the cause of very dangerous collisions that injure other people. Infractions of traffic laws such as the following are some examples of the kinds of infractions that frequently result in accidents involving motorcycles:
- Speeding
- The inability to yield
- An excessively close following
- Improper turns
- Running stop signs or traffic lights
The evidence that a driver violated a traffic law is typically sufficient to establish responsibility, which is a fortunate development for victims. Because of this, it is essential to get in touch with law enforcement following an accident in which there is a possibility that a traffic infraction was committed.
What To Do If You’re Injured In A Motorcycle Accident
For victims to be eligible for compensation, they must be able to demonstrate that the accident they were involved in was caused by the carelessness of another party. 2 After being involved in an accident, there are several actions that you should do, the most significant of which are outlined in the following paragraphs.
Gather Information It is important to gather as much information as you can after an accident so that you can fully understand what happened. Some examples of the kinds of information that should not be made public include the names of the other drivers who were involved in the accident, the weather conditions at the time of the accident, the license plate numbers of the other vehicles that were involved, and the information regarding the other driver’s insurance policy. You should take images of the accident scene if you can, especially if you suspect that a hazardous road condition caused or contributed to your accident. If you can, you should take pictures of the accident scene.
Seek Medical Attention 一 After being in any kind of collision, you should never wait to have a complete physical examination from a doctor. If you do so, your injuries will be properly detected, treated, and documented after the event.
Talk to a Lawyer 一 After being harmed in a motorbike accident, you should make an appointment with a lawyer as quickly as possible. An attorney will investigate the accident, evaluate whether you have grounds for a claim, and defend your legal rights while pursuing financial restitution for the harm you have sustained.
Potential Defendants in Motorcycle Accident Cases in Phoenix
When a traffic danger or another driver’s negligence causes a motorcycle accident, there may be more than one defendant who is held legally liable for the accident. First, passengers on a motorbike have the legal right to file a lawsuit against the rider of the motorcycle if the rider was careless behind the wheel. This might include traveling unsafely through a construction zone or on the street riddled with potholes. Passengers on motorcycles have the legal right to file a lawsuit against the operator of another motor vehicle that was negligent and caused an accident or collision.
.
In the event of a motorcycle accident involving a construction site and hazardous road conditions, the injured motorcycle operator or passenger may be able to file a lawsuit against the construction company or the government agency responsible for either negligent or defective road repair work or for creating (or failing to maintain or correct properly) a hazardous condition on the roadway. However, in lawsuits that include governmental bodies like cities, counties, townships, or municipalities, extra limitation periods and filing deadlines may apply.
These deadlines may vary depending on the type of litigation. An experienced motorcycle accident attorney in Phoenix may be able to make claims against all possible defendants and may fulfill all filing and notice obligations promptly.
The Information You Want to Get the Help That You Need
Many people who ride motorcycles have the impression that they are unstoppable when they are out enjoying the open road. However, even though riding a motorbike can be an exhilarating experience, motorcyclists in the Phoenix area still depend on other drivers to use caution and keep them safe. Unfortunately, when drivers of motor vehicles disregard the safety of motorcyclists, terrible tragedies frequently follow.
A rider who is involved in a motorbike accident runs the risk of suffering severe injuries, severe emotional distress, and complete financial devastation. Accident victims frequently have issues regarding their legal rights to compensation after being involved in one of these incidents. In the following, we will respond to some of the questions that are asked the most frequently. Contact our seasoned motorcycle accident attorneys in Phoenix immediately for answers to questions relevant to your Phoenix motorcycle accident injuries and more information.
What Should I Do After A Phoenix Motorcycle Accident?
Because the specifics of each motorcycle accident are different, we are unable to provide guidance that is tailored to your situation unless we first have a conversation with you. Nonetheless, in most cases, motorcyclists who are injured in a collision can safeguard both their health and their legal standing by doing the following:
Seek medical treatment. Seek medical attention as soon as you are able after being involved in a motorbike accident. Visit a qualified medical practitioner for an examination as soon as possible, even if you believe you have not sustained any serious wounds. Some potentially life-threatening injuries may not immediately produce symptoms, but a doctor can identify and treat them and take precautions to prevent more harm. In addition, getting medical attention can assist you in recovering compensation for your injuries at a later date. This is because getting medical attention creates essential medical documents demonstrating the relationship between an accident and your injuries.
Get in touch with a lawyer immediately. After being injured in a motorcycle accident in Phoenix, your chances of successfully claiming compensation for your injuries improve dramatically if you get in touch with a lawyer as soon as possible. As soon as possible, you should get in touch with a lawyer who has experience representing people who have been injured in motorcycle accidents. This will give your lawyer more time to investigate the accident, which could lead to the discovery of evidence that could be crucial to your case. Additionally, your lawyer will have more time to offer guidance regarding the actions you should and should not take to safeguard your legal If you continue another minute without hiring an attorney, you are putting yourself in danger of losing significant rights. Do not make this mistake.
Beware of quick settlement offers. If the motorcycle accident that injured you was caused by the carelessness or recklessness of another person, the defense attorneys and insurance companies representing the party who was at fault might try to trick you into settling your potential legal claims for pennies on the dollar if they are representing the at-fault party. Do not give in to this method’s temptations. Its purpose is to convince you to waive significant legal rights in exchange for a financial benefit. Instead, you should refuse to negotiate any settlement directly and direct anyone approaching you to speak with your attorney.
Will An Insurance Company Take Care Of Me?
Most people who have been involved in a collision with a motor vehicle or motorcycle tend to misbelieve that the insurance company representing either themselves or someone else will assist them in getting through the ordeal by paying benefits that cover medical costs and other expenses. After all, isn’t that supposed to be covered by insurance?
It’s possible, but the fact of the matter is that insurance companies have every reason to avoid paying the entire amount of claims related to motorcycle accidents and other similar types of incidents. Instead, they search for any reason under the sun to nickel-and-dime claimants or to deny claims altogether so that they may keep a little extra money for themselves. Nickel-and-diming claimants is a common tactic that insurance companies use.
Hiring an experienced attorney who has handled insurance claims and has experience in insurance negotiations helps ensure that any insurance company that should pay you for your injuries and losses pays the highest possible value for your claim. This is because an experienced attorney has handled insurance claims before and has experience negotiating with insurance companies.
Who Owes Me Dames For My Motorcycle Accident?
We handle a variety of motorcycle accident cases, each of which has its own set of circumstances that help decide who, if anyone, may have a legal obligation to you for the harm that you have endured. In general, anyone who caused your motorbike accident in Phoenix by making a risky choice or acting carelessly or recklessly and contributing to your injuries may be liable to pay you monetary damages as compensation for your injuries. In a typical motorcycle collision, the following parties may be involved:
- Another motorist. The majority of accidents involving motorcycles in Phoenix are caused by the carelessness or recklessness of drivers who are behind the wheel of cars or trucks. Mistakes made by drivers, such as turning left into the path of an oncoming motorcycle, merging into a biker’s lane without checking blind spots, or opening a car or truck door in front of a motorcycle, are just a few examples of the many ways in which motorcyclists are put in grave danger of being involved in an accident. If a motorist engages in even one of these risky yet avoidable behaviors, they risk being held legally responsible for the harm caused to a motorcycle.
- A company that was responsible for the accident because one of its employees was driving while on the job or that was negligent in its operation of a vehicle that was involved in the accident and contributed to its occurrence;
- A manufacturer of cars, trucks, or motorcycles, if the accident occurred as a result of a defective vehicle or vehicle part that the manufacturer produced; a local government entity, if the accident involved a city vehicle or resulted from a preventable and unreasonably dangerous road condition that the government should have fixed or warned about; and a manufacturer of cars, trucks, or motorcycles, if the accident occurred as a result of a defective vehicle or vehicle.
Of course, these are only a few examples to consider. Every single motorbike accident in Phoenix is one of a kind. Talking to an attorney who specializes in representing clients who have been injured in motorcycle accidents as soon as possible is the most effective way to determine who might be held legally responsible for the injuries you sustained in a collision.
How Much Time Do I Have To File A Lawsuit?
To begin, you need to remember at all times that there is no assurance that you will be compensated for your injuries. However, if you retain the services of a knowledgeable Phoenix motorcycle accident attorney, you have the best opportunity of finding a positive resolution to your case.
The amount of time it takes to settle a legal claim and receive compensation for injuries sustained in a motorcycle accident is contingent upon several factors, only some of which are within your control or the control of your attorney. We have successfully defended clients in motorcycle accident injury cases involving Phoenix that were resolved in as little as a few months, as well as some that took more than a year to get a verdict.
The following items are examples of some of the things that can affect that timeline:
- How quickly after an accident you seek the counsel of an attorney.
- The amount of financial capital that is at risk.
- The extent to which disagreements exist regarding legal and factual issues.
- The number of people or organizations that have a stake in the outcome of your claim
- The eagerness of the disputing parties to engage in settlement negotiations.
You can move things along more quickly, primarily by hiring an attorney as soon as possible who has experience representing victims of motorcycle accidents like you and by taking care of yourself by seeking and following the advice of medical professionals.
How Can A Motorcycle Accident Attorney Help Me?
If you or a member of your family has been injured as a result of a motorcycle accident, do not hesitate to get in touch with the knowledgeable motorcycle accident injury attorneys at The Law Office of Erica Gelfand right away. They will provide you with a free evaluation of your rights to seek compensation for your injuries and losses. Do not delay. If you can get an attorney on your side as soon as possible, it will improve your chances of getting the financial assistance you require to recover and start over after this trying experience.
Motorcycle riders will find some of the most breathtaking roads in the United States in Arizona. Motorcyclists have the option of riding along the coast of Lake Erie, traversing one of the federally or state-designated scenic byways, rolling through the hills and valleys of the Pocono Mountains, traveling to one of the quaint country towns in Amish country, or traveling to Philadelphia, which is known as the “cradle of American independence.”
However, even though it can be a lot of fun, riding a motorcycle has several significant dangers. The rider of a motorcycle has almost little protection from the force of an impact from a collision. The National Highway Traffic Safety Administration reports that there were 4,985 fatalities involving motorcycles on the roadways of the United States in 2018.
Find out the answers to the following critical questions concerning motorcycle accidents before you head out on the open road.
If you or a loved one has been hurt in a motorcycle accident, you should contact an attorney who specializes in representing clients who have been hurt in motorcycle accidents as soon as possible.
Burden Of Proving Injuries And Damages
In cases involving motorcycle accidents, the plaintiff who was injured must demonstrate that the defendant—whether an individual, a company or a municipality—did something that a reasonable person or entity would not have done or failed to do something that a reasonable person would have done. Alternatively, the plaintiff must demonstrate that the defendant did something that a reasonable person or entity would not have done. In addition, the plaintiff is burdened with proving that this violation led to actual harm and monetary loss. Injuries sustained by motorcyclists as a direct consequence of Philadelphia’s substandard and hazardous road conditions can range from moderate to severe and even be fatal.
Accidents involving motorcycles often result in various injuries, including the following:
- Abrasions, cuts, and lacerations are all types of wounds.
Scarring that is permanent, particularly scarring on the face - Head injuries, often known as traumatic brain injuries (TBIs), can include concussions and comas.
- Paralysis and damage to the spinal cord or both
- Several shattered bones and fractures
- Injuries to the soft tissues
- Permanent damages Death
The law may provide wrongful death benefits to the surviving family members of an injured plaintiff if a motorcycle accident results in the death of either the motorcycle operator or a passenger riding on the motorcycle. The surviving family members of the injured plaintiff are eligible to receive wrongful death benefits to compensate them for mental anguish, emotional distress, and psychological or psychiatric harm associated with the untimely death of their loved one.
Victims of motorcycle accidents may, in certain circumstances, be awarded compensation for a variety of damages, including but not limited to medical expenses; lost wages; physical pain and suffering; inconvenience; mental anguish; and emotional distress.
Where Do Motorcycle Accidents Occur?
Busy Intersections
All vehicles should exercise extreme caution when approaching a crossroads because of the inherent risk of being injured or killed there, especially when the intersection is congested. At a junction, cars, pedestrians, and bikes often travel in perpendicular directions to one another when they cross one other’s paths. A two-way intersection is hazardous enough, but many urban areas have five-way or even six-way intersections, which often result in extremely complex traffic patterns that are difficult to anticipate. Another point to consider is that although a two-way intersection is hazardous enough, many urban areas have five-way or even six-way intersections.
Because of their smaller size, motorcyclists are more difficult for other drivers to see at intersections, which puts them at an increased risk of being involved in an accident. Although intersections put everyone at risk, motorcyclists face an especially high risk of being involved in an accident at an intersection. As a consequence of this, anyone who is riding a motorbike should exercise heightened caution when approaching or entering an intersection and should always ensure that they are abiding by the rules of the road.
Congested Roadways
When they find themselves on a route crowded with other vehicles, motorcyclists face a greater danger of being involved in a collision than in any other circumstance. Motorcyclists are more likely to become trapped in situations with little maneuverability when other cars are parked nearby. As a biker, you might be tempted to take advantage of your smaller stature and use it to speed through traffic and between cars that are either stalled because of high traffic or moving slowly due to the congestion.
This technique, commonly known as “lane splitting,” is not only against the law in Florida but also poses a significant risk to motorists who engage in it. Many motorists do not anticipate that a biker will suddenly be beside them, and as a result, they may try to move lanes without any prior warning. In addition, any mistake that you make could result in you colliding with the back of a vehicle that is driving more slowly than you or that has stopped completely, which could cause you to fall off your bike and into oncoming traffic.
Roads With Low Sight Distance
It is necessary to have a clear view of what lies in front of you to prevent head-on collisions with other vehicles and objects or to steer clear of any hazards on the road. Testing your motorcycle’s capabilities on a winding road may be enticing, but doing so will considerably raises the likelihood that you may be involved in a collision.
On roads with a narrow sight distance, accidents can happen for a variety of reasons and in a variety of ways. For instance, other drivers may not see that you are approaching a bend or going over a hill, and as a result, they may veer into your lane, which can result in a devastating head-on crash. If you are moving at a fast rate of speed, it is possible that you may not be able to spot a halted car or a hazard on the road around a sharp turn until it is too late to avoid it.
Motorcyclists Injured in High-Risk Areas Can Often Recover Compensation
The fact that one scenario is intrinsically riskier than others does not absolve other drivers of the responsibility to operate their vehicles in a manner that is as safe as is reasonably possible. For instance, motorists should still come to a complete stop at red lights when they are at an unclear intersection, and just because a road contains severe curves does not imply that it is OK for a vehicle to swerve in and out of its lane. Because of this, motorcyclists who are hurt in accidents that take place in high-risk conditions should always have their collision evaluated by an attorney to establish whether or not they are eligible to get financial compensation for their injuries.
National And State Motorcycle Accident Statistics
It’s scary how many people are killed and injured yearly in motorbike accidents. More than 125,000 motorcyclists lost their lives as a result of collisions with other vehicles between the years 1966 and 2006, as stated by the National Highway Traffic Safety Administration of the United States Department of Transportation. According to a more current study published by the NHTSA, 5,172 motorcyclists lost their lives in road incidents in the United States in 2017. In 2017, the number of fatalities that occurred per vehicle mile traveled for motorcyclists was roughly 27 times higher than the number of fatalities that occurred per vehicle mile traveled for passenger car occupants.
In addition, the National Highway Traffic Safety Administration (NHTSA) estimates that helmets helped save the lives of 1,872 motorcyclists in 2017 and that an additional 749 lives could have been spared if all motorcyclists had worn helmets.
Many Different Parties Could Face Responsibility for Motorcycle Accidents
A passenger on a motorbike that was involved in an accident in Arizona may sue the driver of the motorcycle for negligent driving if the accident was caused by the driver’s actions, such as going too fast or unpredictably operating the motorcycle. Passengers on motorcycles have the right to sue other drivers of motor vehicles whose negligence caused or contributed to an accident they were involved in.
If a dangerous roadway condition or defect was the cause of the accident, the injured motorcycle operator or passenger might be able to file a claim against the construction firm, the city, or the county for failing to maintain or fix the condition or defect properly. However, in situations where governmental entities like cities, counties, townships, or municipalities may be potential defendants, special notice periods may apply, and you are required to comply with them before filing any lawsuits. These notice periods may vary depending on the type of potential defendant.
Proving Non-Economic Damages in Motorcycle Accident Cases
In some cases involving motorcycle accidents, proving the existence of non-economic injuries and damages, such as mental anguish and emotional injuries, can be challenging and subject to much speculation. Despite this, the reality for many people who are injured in motorcycle accidents is that their lives are irrevocably altered as a result of their injury. After their horrific experience, some victims of accidents go on to develop post-traumatic stress disorder (also known as PTSD).
After being in a motorbike collision, you may have difficulty proving that you sustained mental injuries and financial damages. In addition, insurance companies and their adjusters frequently attempt to restrict the right of accident victims who have been harmed to get monetary compensation for the many sorts of injuries and damages they have sustained. For instance, the insurance company may claim that the victim of the motorcycle accident had a history of mental health disorders, such as anxiety or depression, before the occurrence of the accident. In addition to this, the insurance company might investigate any previous instances of psychological or psychiatric therapy that were carried out on the policyholder.
Other Motorcycle Accident FAQs
Additional Non-Economic Damages
The wounded party involved in the motorcycle accident will need to seek mental health therapies or therapy to establish a connection between these non-economic damages and the accident. After that, a victim may submit the medical records and bills, which constitute medical evidence, to the insurance company of the party at fault for the motorcycle accident. This allows the insurance company to confirm the nature and extent of the treatments and establish a connection between the treatments and the accident.
In addition to presenting medical evidence, the person who was injured in the accident will probably need to present the medical testimony of a qualified mental health provider, such as a psychologist or psychiatrist, who can testify about the extent of the accident victim’s treatments, as well as the costs associated with those treatments. If the wounded accident victim suffered from a preexisting medical illness or mental health disorder, the expert might say that the accident victim’s condition worsened due to the motorcycle accident if they believe that the condition was caused by the motorcycle accident.
In situations in which an injured motorcyclist experiences mental anguish, emotional distress, anxiety, or other mental health conditions as a result of injuries sustained in a motorcycle accident, the insurance company for the driver who was at fault has the legal right to investigate other possible causes of these conditions. This presents an extremely difficult challenge in situations where the injured plaintiff has a history of “pill popping” or using illegal drugs, which may be uncovered by reviewing their medical records.
To connect your non-economic injuries and damages to your motorcycle accident, the knowledgeable motorcycle accident lawyers at The Law Office of Erica Gelfand can retain the necessary medical experts and mental health providers. This helps to increase the potential compensation you may receive from your case.
Liability for motorcycle accidents
Motorcycle crashes can result in deafness, traumatic brain injury, spinal cord damage, shattered bones, lower limb injuries, and other severe health issues, all of which can be excruciatingly painful for the rest of one’s life. According to our attorneys, every person who contributed to the accident will be held liable for all damages, including death. If the parties mentioned above are to blame for the motorbike accident, we will file lawsuits against them.
- The delivery of the car, truck, or another motorcycle
- The owners of the vehicle that caused the crash
- The driver, if a passenger is injured
- Manufacturers, distributors, and retailers
- Taverns and restaurants that cold liquor to an intoxicated driver
- Government agencies that failed to design or maintain the road properly
Both state and federal courts hear claims handled by our Phoenix motorcycle accident attorneys. Each case is prepared for a jury trial, and we only agree to a settlement with a client when the settlement offer is on par with the expected jury verdict. Martindale-Hubble, a peer-review rating company, has granted our partners the highest possible rating (A.V.).
Causes of motorcycle accidents
According to the National Highway Traffic Safety Administration, motorcycle accidents result in injuries or fatalities in 80% of cases. In a motorbike collision, your chances of suffering a personal injury are incredibly high. Our qualified Phoenix motorcycle accident attorneys are poised and ready to assist, no matter what has transpired with you and your accident.
There are numerous causes of motorcycle accidents. All motorcycle accidents are handled by our Phoenix motorcycle accident lawyers, including:
- Truck and car drivers who cause accidents. Many truckers and vehicle drivers need to keep an eye out for motorcycle riders and treat them differently than other four-wheel drivers. The motorbike rider may find turning, passing, and moving through traffic incredibly challenging. The leading causes of collisions with other passengers or drivers are drunk or drugged driving and distracted driving.
- Collisions brought on by a manufacturing flaw. Severe and fatal accidents can happen if the brakes malfunction, the throttle is not engaged, or the motorcycle is not appropriately balanced. Motorcycle and motorcycle part manufacturers and sellers must create and produce their goods without flaws. These companies should be held responsible if a defect results in damage.
- Careless motorcycle operators. Injured passengers of motorcycle drivers have the right to sue the operator if they were speeding, ran through a red light, failed to turn correctly, or were otherwise negligent.
We examined the accident’s cause by inspecting the scene, consulting with all necessary witnesses, evaluating the police report, analyzing the damage to all vehicles involved, and making a comprehensive discovery. In such circumstances, we collaborate with traffic reconstruction experts to pinpoint the root reason.
Common injuries for motorcycle riders in Phoenix
Motorcycle riders are over thirty times more likely than passenger car occupants to be killed in a traffic accident. Motorcycle riders and passengers are equally vulnerable to severe and debilitating injuries in the event of an accident. While the injuries received by motorcycle accident victims vary from one crash to the next, the following are some of the most common:
Fractures of the bones. A bone fracture is the most prevalent motorbike injury. This usually signifies a broken leg or arm but can also mean a fractured collarbone, pelvis, or other smaller bones. A broken leg is the most common type of fracture in a motorbike accident. Arm and wrist fractures are also prevalent, as many riders instinctively try to break their falls or protect themselves from additional injury. Wearing gloves and body protection can help you stay safe.
Roughness on the road. Road rash is prevalent in the event of an accident when there is no casing between you and the road, as there is in a car. Road rash is a skin injury that occurs when you acquire abrasions from the pavement or other terrain. The agony can be excruciating. Road rash frequently takes a long time to heal and can leave unattractive scars. Road rash, like burns, has three levels. The mildest kind of road rash is first-degree rash. The skin is broken in second-degree road rash, but the lower layers of the skin are unaffected. The most severe case of road rash damages numerous layers of skin, tissue, and fat. To ensure your safety and skin survival in a motorbike accident, you must wear protective clothing.
Head injuries. A brain injury is the most pernicious injury in a motorbike accident. Brain damage, paralysis, and traumatic brain injury can cause difficult medical conditions that could last the remainder of your life. In motorcycle accidents in the U.S., traumatic brain injury is the most common cause of death and disability. According to the U.S. Department of Transportation, wearing a helmet can reduce your risk of dying in an accident by 29% to 35%. Additionally, wearing a helmet can significantly lower the likelihood of a brain injury.
Helmet laws for riders in Phoenix, Arizona,
Take all reasonable safety measures when riding a motorcycle because they are statistically more likely to result in injury or death than car accidents. Should a catastrophic event occur, wearing gloves, body armor, and a helmet can significantly lower your risk of injuries. Most states require bikers to wear protective headgear or motorcycle helmets when driving their machines. The state of Arizona is not included, and this might lead to unusual situations and complex personal injury lawsuits.
Arizona’s lone helmet regulation covers only minors. According to the law, a motorbike rider under 18 must always wear protective headgear. You must seek knowledgeable counsel on your child’s behalf if they were a youngster involved in a motorbike accident.
Be aware that even if you wear a helmet, you could still suffer catastrophic injuries, particularly if you are struck by another car. The helmet’s effectiveness may also be lower than it ought to be due to a flaw.
Why wear a helmet at all?
The simplest and safest way to avoid or lessen the severity of a brain injury in the event of a motorcycle accident is to wear a helmet. According to the National Highway Traffic Safety Administration, motorcycle riders not wearing helmets have a threefold increased risk of suffering brain damage in motorcycle accidents. A bleeding or traumatic brain injury is far more likely to happen to you. These wounds may leave you brain-damaged, paralyzed, and unable to care for yourself, and they may have a lifetime impact on you and your loved ones. It may be more difficult for riders with these severe injuries to obtain compensation because Arizona does not require adults to wear helmets.
Suppose you file a personal injury claim because you or a loved one was seriously hurt or died in a motorcycle accident. In that case, you must get top-notch medical attention and legal counsel. We are a group of competent experts with a lot of personal injury litigation experience related to motorcycle accidents. We work hard to give you excellent legal representation and will always conduct a complete investigation and carefully review the circumstances that led to your injuries. Our Phoenix motorcycle accident attorneys are straightforward and friendly and excel at identifying all parties at fault. They will handle your legal case with professionalism and diligence. We want you to know that you’ll be well-represented should your case be settled or heard in court.
Get an honest Phoenix motorcycle injury attorney today.
Motorcycle accident injuries can have long-lasting effects and result in physical, mental, and financial challenges. It may be challenging to pay for the treatment if the person is temporarily or permanently incapacitated. A skilled attorney on your side will put forth an unrelenting effort to assist you in obtaining the compensation you are entitled to.
A motorcycle accident attorney in Phoenix can assist you in gathering all relevant information for your case and determining just compensation for your losses and injuries.
Negligent Drivers
It is the responsibility of every driver in the state of Arizona to always operate their vehicles in a manner that is both reasonably safe and prudent, regardless of the circumstances. They must drive their vehicles cautiously while also considering the current weather and traffic conditions. Lastly, while operating their vehicles, they are required to comply with all state traffic laws as well as general rules of the road.
The injured plaintiff motorcyclist must demonstrate that the at-fault driver operated a vehicle in a reckless, careless, or negligent manner and that this negligence resulted in serious injuries and damages to establish that a driver of a motor vehicle was responsible for a serious accident. This is necessary to establish that the driver of a motor vehicle caused a serious accident. These potential injuries and damages can take the form of concussions and other traumatic brain injuries, injuries to soft tissue (including tears, sprains, and strains), fractures, broken bones, paralysis, spinal cord injuries, emotional distress, and mental anguish, among other things.
Medical Attention for A Motorcycle Related Injury
If you have any doubts, seek medical attention for your injury either at the emergency room or as soon as possible with your primary care physician. Delay in care could exacerbate your injuries. Also, your injuries require documentation. Without documentation, any claim you might pursue could be adversely affected.
The Accident Police Report
For many motorcycle accidents there is a police report. Although this is certainly a good place to start, the police report in and of itself does not determine who was at fault, even if one or more drivers in the care accident were cited for a traffic violation.
The police officer investigating the car accident can cite a driver for a traffic violation, but the police officer is not a judge, and does not have legal authority to make a final determination about who was at fault.
Attorney Fees in Motorcycle Accident Cases
Auto accident attorney fees are generally on a contingency fee basis. That is what we offer. If our client does not recover any damages, we do not get paid. The attorney fees come out of the injury settlement. But, the insurance company or governmental agency may be legally obligated to pay a pro rata share of your legal expenses if you retain an attorney. This may apply by state law, federal law, and/or contract.
Insurance Coverage for Motorcycle Accidents
If another driver causes an auto accident you may be entitled to property damage, lost wages, medical expenses, and compensation for pain and suffering.
An injured person’s medical expenses are not awarded automatically. The injury victim must prove that the medical expenses are reasonable, related to the auto accident, and necessary. Just producing the medical bills in not adequate proof legally. A motorcycle accident attorney can help.
The party at fault may not have enough, or any, insurance. In that event you will need to consider how to ascertain what other assets the party may have and how to establish a claim under your uninsured motorist or underinsured motorist coverage.
If your insurance company–whether motorcycle insurance or health insurance–paid any benefits to you and you collect from an at-fault party, then your insurance company is legally entitled to be reimbursed from the settlement. This is also true of DSHS benefits as well as worker’s comp (or “L&I”) benefits. This legal rule is called subrogation. It is important that a personal injury settlement adequately account for this.
HIRE OUR FIRM TO GET YOU THE MAXIMUM SETTLEMENT
HAVE YOU BEEN IN A MOTORCYCLE ACCIDENT?WE’LL MAKE SURE YOU ARE COMPENSATED FOR IT.
Motorcycle & gear replacement - covered
Medical bills - covered
Pain & suffering - covered
Frequently Asked Questions:
DO I HAVE A VALID CLAIM?
Erica Gelfand will personally review your case or situation. She will look at what happened, discuss your injuries, and identify whether someone else should be held liable for compensating you for your losses. After the initial discovery period Erica Gelfand will explain all your legal options and what to expect throughout the claims process.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
HOW MUCH DOES IT COST TO HIRE A PERSONAL INJURY ATTORNEY?
The top-rated Arizona personal injury attorneys at Law Offices of Erica Gelfand works on a contingency fee basis, which means there are no up-front costs associated with hiring our legal team. We charge a percentage of the total recovery, either through settlement negotiations or a jury verdict award if your personal injury or wrongful death case proceeds to trial. If we do decide to accept your case, you will owe no attorney fees until we have successfully resolved your claim and recovered financial compensation on your behalf.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
HOW MUCH IS MY CLAIM WORTH?
The value of an accident is typically calculated based on the amount of property damage, medical bills and life changing injuries that result from the accident. Other factors like future medical expenses related to your accident, lost wages, diminished earning capacity for the future, pain and suffering, loss of enjoyment of life also play a large role. This is not a question that can be answered at the beginning of your case, especially if you have suffered serious injuries.Erica can give a rough estimate based on past experiences and gut feeling. If we would like a free consultation please give us a call to go over your claim.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
HAVE YOU HANDLED CASES LIKE MINE?
Some personal injury lawyers do not regularly handle cases involving severe injuries or complicated accidents. However, at The Law Office of Erica Gelfand, we have selectively built a diverse team of personal injury experts who have extensive experience in many types of cases involving catastrophic injuries and accidents.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
DO YOU EVER TAKE CASES TO COURT?
As hard as we try, sometimes you have to pull out the big guns. Insurance companies are not always compliant and willing to resolve every personal injury case directly. Although we are able to settle many claims for the full amount, our Erica Gelfand is an experienced litigator that is always prepared to file a lawsuit and argue your case at trial.
We are not a “turn and burn” like the big billboard law firm that pushes every client to accept quick settlements, even if they are too low. Our goal is to obtain maximum compensation for you, and that means going to battle in court whenever it’s necessary.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
WILL YOU PERSONALLY HANDLE MY CASE?
Yes, at The Law Office of Erica Gelfand, you will personally get to meet Erica and she will be the only attorney in charge of your case. Erica will have an initial consultation and will handle your case from start to finish.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
ARE THE LEGAL RIGHTS OF MY FAMILY PROTECTED?
The physical, emotional, and financial costs of dealing with a serious personal injury or wrongful death can be enormous. Medical bills, lost wages due to missed time at work, pain and suffering, and other types of damages can quickly become overwhelming and make life even more difficult for injury victims. We help people in the greater King County area who are facing tremendous financial loss recover from their injuries and get their lives back on track.
Our entire legal team is focused on your personal injury legal needs. We call ourselves Law Office of Erica Gelfand because we are devoted to providing the highest possible level of legal representation while also focusing on delivering a first-class client experience. At the Law Office of Erica Gelfand, we treat each of our clients with the respect and individual attention they deserve, while also working tirelessly to achieve the best possible result for each and every one of our valued clients.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney. If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
SHOULD I GET MEDICAL TREATMENT?
Part of providing excellent legal services for personal injury accidents is having a clear understanding of our clients’ injuries and medical treatment needs. Sufficient medical evidence is crucial to the success of any personal injury claim. We often consults with medical experts across the country to ensure our clients are getting the treatment they need. These physicians may review medical records; examine clients; assess any relevant pre-accident medical history; or act as expert witnesses in trial.
Some medical experts may assess the injuries and establish the extent and duration of any continuing disability, including impact on daily living. The experts may also address the level of resulting suffering or inconvenience and when or if the complaint or disability is likely to resolve. A complete understanding of the medical situation helps us to maximize client’s financial compensation for medical bills, injuries, and so on.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney. If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
SHOULD I PROVIDE A STATEMENT TO THE OTHER DRIVER'S INSURANCE COMPANY?
You’ve just been involved in an auto accident and the other driver’s insurance company wants to take your statement. The insurance adjuster may want to record your statement over the telephone, or may want to meet with you in person to do a simple interview.
The recorded statement is crucial in your personal injury claim, as the insurance company may use it in deciding who is at fault for the collision. The insurance adjuster may also try to pin you down as to your injuries in a statement taken within days of the collision before you have returned to all of your daily activities or even had a chance to see your doctor.
If you have concerns about meeting with an insurance adjuster to give a statement, you should call an experienced Arizona personal injury attorney who can advise you regarding your rights and obligations. If you retain the attorney to represent you, he or she can be present during the statement to make sure you do not say anything that might hinder or impair your claim.
We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney. If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
WILL HIRING A PERSONAL INJURY ATTOENEY GET ME COMPENSATED FOR MY WAGE-LOSS?
The financial toll of lost wages after an injury can be devastating. Even while laid up from an injury, you still have to pay for housing, food, and your other monthly expenses. Then the medical bills start coming in. How will you pay for it all?
Fortunately, when you’ve been injured by the negligence of another person or a company, you have a right to be reimbursed for the income you lose while you recover.
You can include your lost wages in a claim against the at-fault party, the at-fault party’s insurance company, or your own insurance company if you’re in a car accident in a no-fault state.
At the Law Office of Erica Gelfand, we have a successful record of recovering lost wages for all types of occupations and scenarios. We have an excellent track record of success in achieving the best possible results for our clients, and we only agree to take on cases if we believe it is in the injured person’s best interests to hire an attorney. If you are looking for a Phoenix car accident lawyer – call now. We service all of Maricopa County: Phoenix, Scottsdale, Paradise Valley, Tempe, Chandler, Mesa, Glendale, Gilbert, Surprise, Prescott, Tucson, and beyond — call us (480) 947-3525.
DON'T DELAY YOUR SETTLEMENT
We are proud to say our team has decades of experience successfully representing clients for personal injury and wrongful death claims. Please feel free to call or e-mail us with any questions. Get a free consultation.