Arizona Motorcycle Accident Attorney

Yes. The passenger in an accident, whether it is on a motorcycle or another vehicle, can claim any potential person at fault for the accident. If you are riding on a motorcycle and the driver is partially or fully responsible for an accident, you are entitled to claim him/her.

The driver of the car that caused the accident is the first person to whom you would make a claim. If the driver was drunk, you can also look at bringing a Dram Shop claim. This is a claim that alleges a bar overserved a person. If it can be proved that a bar overserved its patron before he/she left, the bar can be responsible for the accident.

Additionally, if the drunk driver is operating someone else’s vehicle, you may be able to bring a claim against the owner of the vehicle. The claim is for negligent entrustment. If the owner of the vehicle knew of the driver’s drinking and still permitted that he/she operate the car, the owner can be held responsible for entrusting the vehicle to the drunk driver.

If the other driver’s insurance does not have sufficient coverage to pay for your losses, you have two options:

1. Make a claim under your insurance for Underinsured Coverage (UIM)
   a. This coverage is something you can pay for to make sure you can get all of your claims paid if the at-fault driver does not have enough coverage. Many people drive with the state minimum coverage. And, in an accident, the minimum coverage (now $25,000.00 as of July 2020) is not enough to cover all medical bills and pain and suffering. If you have UIM coverage, your insurance company steps in and pays you what the at-fault driver should have paid you. And this does not affect your premiums because you are not at fault for the accident.
2. Claim the driver in court
   b. If the at-fault driver does not have sufficient coverage for your loss, you can ask him to pay from his funds. Most insurance companies will ask you to sign a release to prevent getting money from the at-fault driver personally. The only way to make someone pay you above what their insurance company has is to get a judgment. To get a judgment, you will have to file a lawsuit.

Arizona has specific areas addressed in jury instructions for compensation. The list includes:

1. The nature, extent, and duration of the injury
2. Pain, discomfort, suffering, disability, disfigurement, and anxiety (also known as “pain and suffering”)
3. Expenses of past and future medical care, treatment, and services rendered
4. Lost earnings to date, and any decrease in earning power or capacity in the future
5. Loss of love, care, affection, companionship, and other pleasures of marital or parent/guardian relationships
6. Loss of enjoyment of life, including vacations, hobbies, and so forth.

If you are involved in a motorcycle accident, there are a lot of issues to address. It can become overwhelming to handle the medical treatment, calls from the insurance company, medical bills, car repairs, rental cars, and submitting information to the insurance company. A good lawyer can take that off your plate and make sure you can focus on feeling better. The best ways a lawyer can help are:

1. Stop the phone calls from the other insurance company
2. Submit your claim to get your vehicle repaired and obtain a rental car
3. Request a police report and talk to any witnesses
4. Gather vital evidence to prove who is at fault
5. Find insurance from the at-fault person and any other sources
6. Make sure you are not overcharged for medical treatment
7. Work out the reimbursement of your medical charges to your health insurance company
8. Prepare your case to meet the legal burdens of proof if litigation is necessary.

In Arizona, the statute of limitations is just two (2) years from the date of the injury. As with most personal injury claims, failing to file your motorcycle accident lawsuit within this period can result in your case being dismissed without compensation. 

After suffering a serious injury, a personal injury lawyer can help set you back on track. Our experienced Phoenix motorcycle accident lawyers are on hand for no-charge consultations. Call (480) 637-5757 to learn more.

Because riders are more exposed to the elements, motorcyclist accidents can often result in catastrophic injury. This includes traumatic brain injury (TBI), spinal cord trauma, and even amputation injuries. Motorcycle riders are also prone to accidents involving potholes, loose gravel, and unmarked road hazards.

Motorcycle accidents often occur due to negligence by other drivers. Common causes include:

• Cars are making left-hand turns without seeing motorcyclists.
• Drivers are changing lanes without checking blind spots.
• Following motorcycles too closely.
• Opening car doors into passing motorcycles.

Motorcyclists have the same rights and responsibilities as drivers of passenger vehicles. When other drivers endanger motorcyclists, cyclists, or pedestrians, the injured party has the right to compensation for their injuries. Speak to an Arizona motorcycle accident lawyer to learn more.