Flagstaff Motorcycle Accident Lawyer

Flagstaff Motorcycle Accident Attorney

Being in any accident on the road can be a traumatic and devastating experience. When you are in an accident while on a motorcycle, the outcome can be even more devastating, as motorcyclists are at a higher risk of severe injury. However, if you’ve found yourself in a motorcycle accident and are trying to deal with the aftermath, a Flagstaff motorcycle accident lawyer can help. Additionally, a personal injury lawyer in Flagstaff can assist in ensuring that you receive the compensation you deserve and guide you through the legal process following your accident.

Why Choose The Kaiser Law Group?

At The Kaiser Law Group, we have handled numerous cases surrounding accidents, including motorcycle accidents. We can handle the legal process for you, including gathering appropriate evidence, investigating your case, negotiating with insurance companies, negotiating settlements, and advocating for you in court.

Our goal is to ensure that you receive the fair compensation you deserve for the damages that you incurred due to the accident. We can provide you with the legal support you need to navigate the legal system during this complex time.

Common Causes of Motorcycle Accidents

Those who ride motorcycles are automatically at a higher risk of a serious collision than other drivers, as they do not have the protection of being inside a car or the assistance of airbags to help alleviate the impact of the crash. In addition, motorcycles are considerably smaller than most other vehicles on the road. Nevertheless, motorcycle accidents happen for a number of reasons. Some of the most common include:

Cars Making Left-Hand Turns

This is one of the most common reasons for motorcycle collisions. Accidents frequently occur at intersections for a number of reasons, including the driver being distracted, miscalculating the speed and/or distance of the motorcycle, speeding, or not seeing the motorcycle at all.

Regardless, those who are turning left must always yield to other traffic. Therefore, if an accident occurs due to a car making a left turn, that car will most likely be considered at fault, no matter the circumstances. However, a motorcyclist may be considered partially at fault if they did not adhere to proper road laws, such as running a red light. If you’re involved in such an accident, consulting a car accident lawyer in Flagstaff can help ensure you understand your rights and determine liability in your case, helping you seek the compensation you deserve.

Head-On Collisions

Most motorcycle accidents that involve one or more other vehicles are head-on collisions. Few motorcyclists are rear-ended. Unfortunately, this is the most dangerous type of accident a motorcyclist can be in.

Colliding With Stationary Objects

A motorcyclist can experience intense injury and damage to their vehicle when colliding with objects. Sometimes, a driver may collide with a fixed object, such as a tree or guardrail, to avoid another obstruction, such as an immediate traffic halt or a major pothole in the road.

Road Hazards

Motorcycles are more drastically affected by road hazards than the average car. A car may be able to drive over a pothole with no problem, but that same pothole may cause a motorcyclist to lose control of their vehicle, potentially leading to a crash. Some examples of road hazards include:

• Bumpy roads
• Railroad tracks
• Debris
• Broken tree limbs
• Animals (dead or alive)
• Puddles
• Painted lines

Lane Splitting

Lane splitting happens when a motorcyclist rides between two lanes, particularly when traffic is slow or stopped. This is a common practice, but there is an increased risk of an accident. Because other drivers typically are not expecting to see a motorcycle in that space, it is easy for them to miss the motorcycle if the car decides to change lanes.

This is also risky in case traffic speeds up again, as it leaves the motorcycle with little room to maneuver if necessary.

Motorcyclist Actions

At times, the motorcyclist may be at fault for an accident due to engaging in certain behaviors that contribute to the cause of the accident. These include:

• Riding while under the influence of drugs or alcohol
• Speeding
• Running red lights and stop signs
• Weaving in and out of traffic unnecessarily

Arizona Motorcycle Laws

To help prevent the occurrence of accidents in Arizona, there are a few laws that motorcyclists must follow. It is not required for motorcyclists to wear a helmet unless they are under the age of 18. However, riders must have safety glasses or some sort of shield in front of them.

Lane splitting is allowed in Arizona under certain circumstances, but the speed limit in the area cannot be more than 45 miles per hour. In addition to this, motorcyclists must have insurance, they may only utilize phones if they are hands-free, and they must have a motorcycle license to ride a motorcycle.

Arizona Comparative Negligence

The outcome of a motorcycle accident is usually predictable if one of the drivers is totally at fault. They will have to pay for the other driver’s medical expenses, missed income, and other losses, usually through their insurance company. However, in some instances, they were not entirely to blame. If you are in a motorcycle accident, but there is shared blame, you can still recover damages.

When it is determined that both parties are partially to blame for an accident, Arizona applies a “pure comparative fault” standard. In the unlikely event that an automobile accident case is tried, the jury will be asked to determine, from the evidence, the total amount of the plaintiff’s losses as well as the relative contributions of each party. The plaintiff’s damages award is lowered by a percentage that is equivalent to their share of fault under the pure comparative fault rule.

Let’s say, for example, that the jury determines that the full amount of damages you should receive in your case is $100,000, which should cover medical costs, lost wages, vehicle damage, and pain and suffering.

However, the jury also finds that you bear 30% of the blame for the mishap because you ran a stop sign. You will receive $70,000, or 70% of the $100,000 total, under Arizona’s comparative fault law. This is still a substantial amount, but it is less than the total amount of your damages.

Even if it is determined that you were more at fault for the collision than the other motorist, Arizona’s comparative fault law still applies. For example, even if the jury finds that you are 80% at fault, you will still be eligible to receive 20% of your overall damages. However, you would also be responsible for 80% of the other driver’s damages.

The comparative negligence rule governs not only Arizona jurors and judges if your auto accident case proceeds to trial, but it also serves as a guide for auto insurance claims adjusters as they assess your case. A claims adjuster bases decisions on what is most likely to occur in court.

Damages Awarded in a Motorcycle Accident Case

If you have been involved in a motorcycle accident in Flagstaff, AZ, you may be entitled to compensation for the damages incurred, depending on the circumstances of your case. Generally, damages are placed into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages are those that can be easily quantified. Examples of these include:

• Medical bills: Payment for present and future medical costs, hospital stays, surgeries, prescription drugs, therapy, and any equipment required for medical care are all medical expenses that you may be able to recover.
• Lost wages: This includes compensation for future lost earning capacity if the accident affects your ability to work in the long term, as well as reimbursement for lost income incurred from being unable to work throughout the healing process.
• Repairs to damage: This covers costs to replace or repair your motorcycle and any other personal belongings that were harmed in the collision. For instance, if your cell phone flew off the motorcycle and was destroyed after it hit the pavement, this contributes to property damage that you may be able to recover.
• Out-of-pocket expenses: These include any extra expenses incurred as a result of the accident, like travel expenses for doctor’s appointments or necessary house renovations because of injuries, such as a ramp if you become confined to a wheelchair.

Non-Economic Damages

Non-economic damages are not as easily distinguishable as economic damages. The total amount may be determined by the court if the case goes to trial. An attorney can help guide you on the appropriate amount for your circumstances. Non-economic damages include:

• Pain and suffering: This involves restitution for any physical and psychological suffering that you may have endured as a result of the accident.
• Emotional distress: This includes the accident’s potential to cause psychological effects like anxiety, depression, or PTSD.
• Loss of quality of life: This is compensation for the reduced capacity to partake in regular activities and interests that you had before the accident, such as hobbies or recreational activities. You may also be able to file a claim for any harm done to your marital or familial relationships, such as a loss of companionship.

While uncommon, a person may also be awarded punitive damages, which are damages specifically put in place to punish the offender, typically for extremely egregious behavior.

Statute of Limitations in Arizona to File a Motorcycle Accident Claim

You have two years from the date of the incident to bring a claim if you were in a motorcycle accident. Claims pertaining to property damage and bodily injury are subject to this limitation. Even though two years may seem like a long time, it’s important to acquire assistance from a motorcycle accident attorney as soon as possible because the legal process can take some time.

An auto insurance claim is exempt from the statute of limitations. However, any insurance company, whether it be the other driver’s or your own, is going to require that you file a claim “promptly” or “within a reasonable time” following the collision. At the very least, you will be required to notify the insurer of any occurrence that may lead to a claim, typically within a few days.

What to Do After a Motorcycle Accident

After a motorcycle accident, making sure that you and the other victims are safe should come first. If you require emergency medical attention, dial 911 right away. Then, give the police a call. They will dispatch an officer to the scene. They will talk to all parties concerned and draft a report.

Before filing a claim, you should obtain relevant evidence, such as:

• The names and phone numbers of all witnesses
• Photos of the accident scene and your injuries
• Traffic and security camera footage
• Insurance information for each person and vehicle involved in the collision
• If available, a copy of the police report

An experienced attorney can help you gather evidence after an accident.

FAQs About Flagstaff, AZ Motorcycle Accident Law

How Much Are Most Motorcycle Accident Settlements?

The amount of a motorcycle settlement is different for each situation. There are many factors that go into determining a motorcycle settlement, so there is no single amount that is typical for each situation. Factors that are considered include:

• The amount of medical attention needed
• The amount of property damage done
• How much each party was at fault for the accident
• The available insurance coverage

What Should I Do If There Is a Motorcycle Accident?

If there is a motorcycle accident, the first thing you should do is seek medical attention for yourself and anyone else involved in the accident. Each person’s safety is the first priority. If there are no immediate injuries, you may then call law enforcement. Police will document the accident and take statements from those involved as well as witnesses. They will then create an official police report.

Even If I Wasn’t Wearing a Helmet, Can I Still Recover Damages in a Motorcycle Accident in Arizona?

Yes, you can still recover damages in Arizona if you were in a motorcycle accident, even if you weren’t wearing a helmet. Only motorcyclists under the age of 18 are required to wear a helmet in Arizona. However, wearing a helmet can significantly reduce your risk of injury in the event of an accident.

What Kinds of Damages Can I Recover in a Motorcycle Accident?

You can claim economic damages, such as medical expenses, lost wages, and property damage. You can also claim non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded if the at-fault party’s actions were especially reckless and caused significant damage.

Contact The Kaiser Law Group Today

If you have been involved in a motorcycle accident, contact The Kaiser Law Group today for the legal assistance you need.