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Why Hire a Motorcycle Accident Lawyer?

Do You Need A Lawyer After a Motorcycle Accident?

YES, The aftermath of a motorcycle accident teems with confusion and blame in the air. Obtaining justice and compensation through a motorcycle claim can be difficult without the help of a motorcycle accident lawyer. The reason is that many insurance companies are unwilling to pay for claims. They will try to diminish the severity of the injuries and the accident overall, often offering a low settlement amount.

When an insurance company sees that a motorcyclist represents themselves, they will take advantage of their limited knowledge and resources. The insurance company believes that you do not have the experience necessary to defend your case adequately since you are not a lawyer.

You will need to call a motorcycle accident lawyer to protect your rights after an accident. While you may be unsure of the proper steps and how the claim process works, a lawyer is well aware and knows exactly what to do in these cases.

A motorcycle accident lawyer can:

  • Obtain police reports
  • Communicate and negotiate with insurance companies
  • Gather evidence
  • Speak to witnesses and get their statements
  • Consult with medical and technical experts
  • Reconstruct the accident
  • Pull the other party’s driving record
  • Identify factors that a defective product may have caused
  • Go to trial on your behalf

Many accident victims fear that hiring a lawyer will not make any difference in their claim. The reality is that a lawyer can make the difference between a winning case and paying for the damages on your own.

Causes of Motorcycle accidents

Motorcycle Accident LawyersA Motorcycle accident can happen for several reasons, usually when you least expect it. The primary cause of these accidents is negligence.

Another driver may be negligent in their actions, causing a motorcycle accident by:

  • Following too closely: This is a dangerous traffic infraction that often leads to catastrophe. If a car travels behind a motorcycle, they don’t have enough time to stop if the bike stops due to a hazard on the road. This sudden stop can cause the car to collide with the motorcycle. In some cases, the vehicle will run over the motorcycle and driver because the car was following so closely.
  • Speeding: Whether it be a motorcycle accident or other motor vehicle accident, speeding is one of the leading causes.
  • Improper left turns: When a car makes a left-hand turn, this can lead to a severe motorcycle accident. They can easily hit a motorcycle if they are not paying attention to their surroundings.
  • Not understanding motorcycle brakes: Since motorcycles have very different systems than cars and other motor vehicles, drivers must pay attention. Since there are different lights on motorcycles, a driver may be confused when a bike uses a down throttle and does not trigger any lights. This misunderstanding can cause a driver to slam into a motorcycle if not paying attention to their actions.
  • Cutting off a motorcycle: If a driver cuts off a motorcycle, this act can cause the motorcycle to slam directly into the vehicle. The rider can be thrown on top of the car and even underneath the vehicle.
  • Not yielding right of way: Many motor vehicle drivers do not respect motorcycles on the road. They do not believe they have the same rights as cars, but they do. Motorcycles have the right of way in certain areas. When a driver ignores these right of way laws, it can cause a motorcyclist to swerve or react in another fashion that causes an accident.
  • Ignoring motorcycle entry or switching lanes: A motorcyclist will need to switch lanes and merge just like any other vehicle. An accident may occur if other vehicles ignore the motorcycle during the action.
  • Intoxicated driving: Driving under the influence of drugs or alcohol heavily impairs judgment and response times. A drunk driver cannot always stop or react in time to avoid crashing into a motorcycle.

The truth is that an accident can happen for many reasons, and motorcycle riders must stay vigilant at all times. Even if you are alert, you cannot predict how another driver will behave or react around you. You will need a lawyer to defend you against insurance companies and others after a motorcycle accident.

Types of Motorcycle Accidents

A motorcycle accident can happen in a variety of ways. While it is essential to know how they happen, it is also important to know the different kinds of accidents you may be involved in. Some of the most common are head-on collisions and side collisions. You may also be struck by objects or find hazards on the road.

How does compensation work in motorcycle cases?

There are numerous types of compensation you may be entitled to after a motorcycle accident.

When a lawyer begins building a demand package, the damages will include:

  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Scarring and disfigurement
  • Disability for permanent impairment
  • Loss of consortium

The unique factors of your case will influence the amount you obtain. You deserve total compensation for any losses you sustained in the accident. You will need to call a lawyer to calculate your damages.

Injuries From a Motorcycle Accident

A sad reality for motorcycle drivers is that being involved in an accident can lead to catastrophic injuries and even death. These accidents are truly life-changing for those involved.

The most common motorcycle injuries include:

  • Traumatic brain injury: These injuries are extremely difficult for victims because it often leads to decreased cognitive ability. This disability can last a lifetime, even with adequate treatment.
  • Road rash: Many people feel this injury doesn’t sound like anything to be concerned with. However, this injury can lead to other complications like infection, nerve damage, and damage to the tendons.
  • Spinal cord damage: Any damage to the spinal cord can be permanently debilitating. The spine controls your body, and if it is damaged, you may lose the use of areas of your body. You can have varying degrees of paralysis, changing the entire course of your life.
  • Fractured or broken bones: A broken bone can cause a victim to undergo months of physical therapy and require surgery. You may have a broken arm or leg after an accident. You may also have broken other bones.
  • Amputations: Motorcycle accidents can often crush a limb. These injuries may require an amputation. You will never get your limbs back and need to modify your home, lifestyle, and means of transportation. Prosthetics can help, but they are expensive, and you may need to replace them several times during your life.
  • Death: The worst possible outcome from a motorcycle accident is death. You never expect that your loved one will pass away from an accident. This loss will stay with you for the rest of your life, and you need to hold the negligent party responsible for your loved one’s death.

Injuries are often catastrophic because the motorcycle does not have as much protection as other vehicles on the road. When a motorcycle and a passenger vehicle collide, the bike will absorb most of the impact, leading to severe injury. It will be critical to have a motorcycle accident lawyer on your side to obtain compensation for these injuries and other damages.

5 Ways a Lawyer Can Help After an Injury Accident?

While you may feel apprehensive about hiring a lawyer, it can significantly increase your compensation.

A motorcycle accident lawyer can:

  1. Protect your rights: Motorcycle riders often have a bad reputation for acting recklessly on the road. Insurance companies will use this biased opinion to deny claims and lower settlement amounts. You will need to have a lawyer on your side who acts as your champion and protects your rights. A lawyer may be crucial to getting you back to your pre-injury life. Insurance companies will try to move fast to find a reason to deny a claim, and they will often do this by requesting accident victims to make a recorded statement. A motorcycle accident lawyer will ensure that when you make a statement, the provided information is not incriminating to the victim and will not result in claim denial. When an insurance company knows they legitimately cannot deny a claim, they will try to find the slightest comment or detail to diminish the extent of your injuries and losses and offer a lower settlement. However, having a lawyer can deter insurance companies from employing these tactics. If they insist on a low settlement, a lawyer can work to prove that the accident in question did cause your injuries.
  2. Level the playing field: Insurance companies have a team of attorneys on their side to deny or lower claims. These parties are only interested in settling claims for the lowest amount possible. After an accident, you’ll be concerned with healing and will often be unable to fight against insurance companies. Hiring a motorcycle accident lawyer can level the playing field. Instead of insurance companies with their team of lawyers going against you, they will have an experienced lawyer fighting back just as hard. You may not be familiar with all of the laws that apply to these cases but a lawyer will be.
  3. Prove your damages: The main component of a motorcycle accident claim damages. Insurance companies will try to pull one over on you by having you sign forms immediately following an accident. Among them is a release of information form, which allows the insurance company to build a case where you do not win. They will request medical records dating back 20-plus years and say that this accident can not possibly cause your ailments. When you have a lawyer on your team, you will not be allowed to sign any documents that lead to an insurance company diminishing your claim. We will work to obtain medical records and consult with experts to determine your recovery process and the estimated losses you may experience.
  4. Identify the at-fault party: A lawyer can help your claim by identifying the at-fault party. You may believe that it is obvious who is to blame for the accident, but other factors may need consideration. Depending on which state you live in, liability and fault can be complex topics. There may be underlying issues such as defective parts that may lead to a product liability case. Your lawyer can determine the actual at-fault party or parties through a thorough investigation and name them in a claim.
  5. Provide expert witnesses: One of the most significant advantages of securing a lawyer when injured in a motorcycle accident is that they have experience working with expert witnesses. Expert witnesses are doctors, engineers, and other professionals who can testify on your behalf to prove your case.

There are many ways that a motorcycle accident lawyer can protect you and file a successful claim on your behalf. Do not hesitate to call a lawyer after an accident.

Call a Lawyer After Injuries From a Motorcycle Accident

Gary Annes Lawyer
Gary Annes, Motorcycle Accident Injury Lawyer

A few concerns arise during a motorcycle accident claim, especially concerning compensation. To determine appropriate compensation, the court or insurance company must consider various factors to come to a fair settlement. Each case is unique and should be treated as such, especially when determining the amount of compensation you deserve.

When you suffer injuries in a motorcycle accident, you will need to enlist the help of a lawyer to guide you through the legal process and protect your rights. After an accident, you may feel angry, frustrated, and scared. The future can feel unknown, and you may not have a compass to guide you. Your motorcycle accident lawyer will serve as your compass through this storm.

Start protecting your rights and interests as soon as possible following your injury. The right attorney is ready to begin on your case when you are.

 

How Long Does a Motorcycle Accident Lawsuit Take?

Motorcycle Accident Case Timeline

Typically, the first questions that we hear from prospective clients after they suffered injuries in a motorcycle accident are whether they can get compensation for their injuries and how much money they can get. After that, many people are concerned with how long their case will take. Clients can decide whether they file a claim against the responsible driver’s insurance or file a lawsuit in court. One consideration that influences people’s thinking about a lawsuit is how long it will take.

It isn’t easy to give you an exact estimate of how long your case will take. There are many factors outside your control. First, you cannot control whether the insurance company or defendant will be reasonable in settlement negotiations or how motivated they will be to settle in the first place.

Second, you also cannot control the court’s docket and schedule. A backlogged court may delay your case. Third, a court may place different deadlines on the various phases of your case and may rule on motions at different speeds. Read on to get a better understanding of the overall claim process from our experienced motorcycle accident lawyers. If you have specific questions about your potential case, get answers by contacting an experienced motorcycle accident injury lawyer.

The Lawsuit Process Does Not Move Quickly

We can say with the most certainty that if you file a lawsuit in court for your motorcycle accident case, it will take at least a year if your case goes to trial. Courts have busy dockets. Even if the court could hear your case sooner rather than later, there are numerous steps to go through before you can reach trial that will take time. Therefore, if you decide to file a lawsuit, you should be patient and know that it may be a while until your case ends.

To understand how long your lawsuit may take, you should know the various stages of a lawsuit. When you see what happens in court, you will get a handle on the timing. Of course, lawsuits can take different amounts of time depending on the complexity of your case and the court’s docket. Courts across the country have reported some delays caused by the COVID-19 pandemic.

How a Motorcycle Accident Lawsuits Begins

Motorcycle Accident Timeline Your lawsuit will begin when your attorney drafts a complaint and serves it on the defendant. Before your attorney can file the case in court, they will need to conduct a full investigation of your accident. While you will still need to prove your claims in court, your complaint will also need to have enough potential facts to survive a motion to dismiss the trial. If you rush to file a complaint, you risk that your case will not go on.

Once you file a complaint, the defendant gets 30 days to file their answer to your complaint. They will respond to your alleged facts, either denying them or giving their side of the story. The defendant may request an extension to file the answer if they need more time.

The Parties Get to File Motions with the Court

Defendants often file a motion with the court to dismiss the case after filing their answer. They may try to find something procedurally wrong (such as missing the statute of limitations or the fact that the court lacks jurisdiction) or argue that your lawsuit fails to state a claim. You will get a chance to file your response to the motion. Then, the court will consider the motion and issue its ruling on it. This part of the litigation process will take months.

Courts do not often grant a motion to dismiss. If the court has jurisdiction over the case, they will err on giving you the ability to have your day in court. Assuming that the judge denies a motion to dismiss your lawsuit, your case will proceed to the discovery phase of the trial.

What Happens in Discovery

Here, the plaintiff and defendant will ask for and exchange information in their possession that they can use as evidence at trial.

You may obtain the following evidence in discovery:

  • Requests for admission
  • Interrogatories – you can send a series of questions to which the other party needs to respond.
  • Requests for documents – you can ask for any records or physical evidence in the hands of the other parties.
  • Depositions – your attorney will have the ability to question people who may have relevant evidence for up to seven hours, including the driver responsible for the accident. You may also need to sit through a deposition if you are physically able, although this all depends on your health.

Discovery is the most involved and detailed part of your lawsuit. It is not an exaggeration to say that cases are won and lost during the discovery phase. Your motorcycle accident lawyer will take the time to pursue all possible sources of evidence. You can expect that there will be some disputes between the two sides that will require the judge to issue a ruling. Nonetheless, courts will allow a set amount of time for discovery in your case.

After discovery, each side will have time to review the evidence they obtained and prepare for trial. One thing that each side may do after discovery is to file a motion for summary judgment. This motion asks the court to rule on the law based on facts not in dispute between the two parties. It can take a judge months to review the motions and issue a detailed decision on a motion for summary judgment. If the judge grants the motion to either side, it counts as a verdict, and the trial is over.

If you received a large amount of evidence, it might take some time for your attorney to prepare adequately. The court has already set a trial date, and you have a limited amount of time to get ready for your case. This part of the process is always a busy time, as your motorcycle accident lawyer must be thoroughly prepared to go in front of a jury.

Most Cases Settle Before They Go to Trial

Many motorcycle accident lawsuits will not go to a jury trial. The insurance company knows that motorcycle accident cases are worth more than many other personal injury cases due to the damages. If the defendant is found liable, it can result in a significant jury award. An insurance company often does not want to face the jury unless it knows that it has a powerful case. Otherwise, they may pay out far more in a jury award than if the case had settled.

There are two phases of the case where an insurance company may be more likely to try to settle:

  • If they file a motion to dismiss the case and the judge rules against them
  • After the close of discovery, when they realize that you have a strong case in proving liability

The Insurance Company May Get More Motivated to Settle

Many defendants do not get very serious about a settlement until after discovery closes. Before then, they may not have as much motivation to settle the case. Even if they make a settlement offer before this point, it is likely to be for less than they can ultimately pay. The settlement process is a negotiation, and they may still try to wait you out to see whether you will take a smaller offer. Settlement offers may get progressively better as the legal process advances and you get closer to trial.

After discovery, the two parties may opt for some alternative dispute resolution if they think that they can settle. Many cases will involve mediation, where a third-party neutral can help the two parties talk through the issues and narrow the gaps in their position.

If you do not reach a settlement agreement with the other side, your case will eventually go to trial. Ironically, the hearing will probably be the quickest part of your case. If you have opted for a jury trial, your attorney and the defense will select a jury. Then, each side will receive a certain amount of time to make their case to the jury. Once each side has made a closing argument, the jury will deliberate. If you requested a bench trial, the judge will issue a decision.

Even Winning Your Case May Not Be the End of It

Even if you win your case, it may still not be the end. The defendant may appeal a jury verdict if they lose their case. The judge can reconsider the jury verdict and decide whether to leave it undisturbed or reduce it. Then, the defendant can appeal the verdict to a higher court.

While lawsuits take time from start to finish, you should still keep all your options open when trying to negotiate a settlement of your claim. If the insurance company does not make a reasonable offer that fairly pays you for your damages, you may have to file a lawsuit. You should not rush a lousy settlement because a lawsuit will take too much time. Your motorcycle accident lawyer will advise you of all your legal options, and one of them may be to take your case to a jury when the insurance company either denies your claim or will not pay you what you legally deserve.

Take Enough Time to Maximize Your Compensation

Take the time to get the highest possible compensation in your motorcycle accident lawsuit. You only have one chance to obtain financial compensation for your injuries, as you cannot have two trials. If you do not get enough money, you may face financial difficulties in the future when your money runs out.

We understand that it is difficult to be patient when you are behind the financial eight-ball, but it is a must in a truck accident lawsuit. It does not seem that time is on your side, but if your motorcycle injury lawyer can develop your case, it will be the defendant who is scrambling to settle when the full scope of their liability becomes apparent to them.

Why You Need to Get a Lawyer and Get Started

Dave Abels Lawyer
Dave Abels, Motorcycle Accident Lawyer

The key is to begin the legal process as soon as you can. While your attorney should not rush filing the lawsuit, they can at least get started faster when you hire them soon after your accident. The one part of the timing that you can control is when you retain an attorney. You may not want to deal with the legal process after your accident, and maybe you cannot even do so. If you cannot speak with a lawyer, your family should hire one.

Hire a lawyer right after the accident because:

  • A  motorcycle accident lawyer will get right to work gathering the evidence and obtaining it before it is lost.
  • The insurance company may be trying to pressure you after the accident, get a statement from you, or coerce you into signing a quick settlement that shortchanges you.
  • Your lawyer can do the legwork on your case early, so you can file the claim in plenty of time before worrying about the statute of limitations.
  • Having an experienced lawyer on your side gives you some peace of mind, knowing that you have someone in your corner when the process seems skewed against you.
  • You do not need to write a check to hire an attorney and only need to pay the lawyer if you win your case

There is little risk to you in getting the legal help you need. The main risk is that an insurance company will take advantage of you during the legal process and cost you the money that you need.

While the injury process is not always fast, starting your case and getting the ball rolling is only beneficial to you and your family. The longer you wait to get started, the longer you will wait to deposit your settlement or award funds into your account and begin paying unpaid bills. Starting a case can ease some of your financial stress after a motorcycle accident.

 

​What is the Most Common Cause of a Crash between a Car and a Motorcycle?

There is almost no such thing as a motorcycle crash that does not cause at least an injury. According to the National Highway Transportation Safety Administration, 80 percent of motorcycle crashes result in either injury or death. Bikers have little protection in a crash. There is no vehicle around them to absorb any of the impacts. The chances are that they will fall from their bike or a car will directly hit them. They will likely suffer injuries, and the injuries will be far more severe than for car occupants.

To recover financially for your motorcycle accident injuries, you must prove that someone else was at fault. You must learn the cause of the accident and show how it resulted from someone else’s carelessness or mistake. Here are some common causes of crashes between cars and motorcycles.

Carelessness

We list many of the things that drivers do wrong below. Sometimes, there is no specific name for what the driver did to cause a motorcycle accident other than they were just plain not paying enough attention, or they simply made a mistake.

It does not matter why the driver caused a motorcycle crash. The mere fact that they were to blame is enough to be legally responsible. Even if they did not check their blind spot before changing lanes, it is enough to be negligent and lead to liability for a motorcycle accident.

Drivers are particularly hazardous to motorcyclists when they are making left-hand turns. They may cut across the biker’s lane and hit or force them from their bike.

Reckless Driving

The problem of reckless driving has been on the rise, especially since the pandemic began. Given a little more space with less traffic on the road, drivers have taken far more chances. When motorists tailgate, speed, or weave in and out of traffic, it puts others around them in grave danger. The problem is worse for motorcyclists because very little can force them from their bikes and onto the pavement.

Poor Weather

Some drivers may not take enough caution in poor weather conditions, not slowing down enough in the rain. The speed limit is the maximum based on the conditions. There are times when traveling at the speed limit can be negligent. Drivers can skid and hit bikers or block their path and force them from their bikes.

Speeding

Drivers have a far harder time avoiding incidents with motorcyclists when speeding. They are far more likely to lose control of their vehicles when they greatly exceed the speed limit.

Speeding also increases the chances that the driver will not stop in time to avoid a crash. They may rear-end a motorcyclist when they cannot brake in time. Given that the biker has no physical protection, a rear-end crash is as dangerous as any other type of crash.

Drunk Driving

Alcohol impairs a driver’s ability to make reasonable choices behind the wheel. It may lower their inhibitions and cause them to take far more risks than they will when not under the influence. In addition, alcohol dulls a driver’s reflexes and keeps them from seeing the entire road. Drunk drivers are especially dangerous for motorcyclists because intoxicated motorists cannot see into their blind spots, and they cannot detect a biker who may not be on their direct eye level.

Distracted Driving

Over the last decade, distracted driving accidents have increased throughout the country. Smartphones are the obvious cause, but people have always distracted themselves behind the wheel.

Distracted driving will cause motorists to not see motorcyclists, no matter what safety gear the biker is wearing. Drivers have to use care to see motorcyclists because bikers are not always on their eye level. When motorists are looking down to read a text or are involved in a conversation behind the wheel, they will fail to see bikers and cause a crash.

Poor Road Design and Condition

Our nation’s roads are in worse shape than ever. Again, this problem falls even harder on motorcyclists, who have less to insulate themselves for tough road conditions. Things like potholes or broken pavement can cause serious motorcycle crashes.

In addition, motorcyclists may be at risk from things like:

  • Poorly lit roads
  • Hidden driveways or entrances
  • Views obstructed by vegetation
  • Lack of visible lane dividers
  • Unmarked lane changes

When your motorcycle accident happened because of the road itself, you may hold the government responsible for the crash if they did not reasonably design and maintain the roadways.

Fatigued Driving

Driving fatigued can be every bit as dangerous as drunk driving. Fatigued driving is negligence, but not necessarily criminal. Motorists are not as vigilant about not driving fatigued as they are about driving drunk.

When drivers do not get the proper rest, their reflexes are dulled and slowed. Not sleeping for 20 or more hours will cause drivers to nod off behind the wheel. The problem is even more difficult at night when it is harder to see motorcyclists. Even if rivers blank out for a few seconds, that is all it takes to hit a biker.

Defective Motorcycle Parts

In some cases, your motorcycle may have simply not worked as it was supposed to under the circumstances. There might have been a problem with the bike itself or one of the parts. If that is the case, you can file a product liability lawsuit against the manufacturer or seller of the bike or a defective part.

In this type of lawsuit, you will need to prove one of three things:

  • The motorcycle was defective in that there was an inherent flaw in the design.
  • The design was safe, but a manufacturing defect made the motorcycle unreasonably dangerous.
  • The manufacturer knew or should have known of a particular danger, and they did not warn the general public or recall the product.

Poor Signage

Sometimes, one of the two parties to the crash may have been in the wrong place at the wrong time, not because they did something wrong, but because the road signage was missing or hidden. A classic example is a tree blocking a stop sign from view.

When that happens, you may sue the local government with the responsibility to maintain the signs. The government is not immune from all lawsuits because it has obligations to the public. Different rules require you to act more quickly when suing a government than you might in a regular lawsuit.

Proving Your Motorcycle Accident

No matter what caused the motorcycle accident, you must prove fault to obtain compensation. Your motorcycle accident claim begins with your side of the story. The car driver also has a side of the story because they do not want to admit fault. They know that this opens them up to legal liability and having to pay a lot of money.

Therefore, it is up to you to prove what happened after an accident. That the crash happened is not enough to show that the car’s driver caused it. Instead, you must prove their negligence.

How Negligence Works in a Motorcycle Accident Case

Negligence is a legal term to describe situations when a driver acted unreasonably and caused your injuries. To prove negligence, you need evidence that shows what the other driver did. Then, you will compare it to what a reasonable driver will have done under the circumstances. If the driver’s actions did not meet the standard of care, they will have to pay for your injuries in full.

The issue for an injured motorcyclist is proving negligence. Your lawyer will gather proof to show an insurance company or jury what happened, despite the driver’s denial of responsibility. If your case only comes down to your word against other driver’s, you might struggle to get compensation.

Evidence That Proves Your Motorcycle Accident Case

Here is what your lawyer might use to help prove your motorcycle accident case:

  • The motorcycle and its damage can be evidence
  • Eyewitness testimony from people who saw the crash
  • Traffic camera footage if there were cameras in the vicinity
  • Pictures of the accident scene
  • The police report (only used by the insurance company and cannot be introduced at a trial since it is hearsay
  • The protective gear that you wore (in part to keep the insurance company from trying to pin some of the blame for the crash on you)

Why You Need an Attorney After a Motorcycle Accident

Insurance companies have a negative perception of motorcyclists. They think that motorcyclists are risky, and they are more than happy to try to pin the blame on them for their injuries. In some ways, this is a self-interested view because they know that motorcycle accident claims tend to be worth more because of the greater extent of injuries.

The cardinal rule for insurance companies is they will do or say anything to avoid paying you the money you deserve. Your lawyer may have to defend your actions because the insurance company will try to reduce or eliminate your financial recovery by arguing that you are partially or fully to blame.

While dealing with your serious physical injuries, you are up against an insurance company looking out for its interests. It will be difficult for you to gather the evidence that we detailed above on your own in light of your significant health challenges.

Even when you can prove that someone else was at fault, it is only the opening salvo of your battle with the insurance company. The real fight often happens when you try to talk dollars with them. Because of the serious injuries you likely suffered, you must maximize your financial recovery. However, settlement offers are always low, and you need to work to obtain the money you deserve.

It takes knowledge and toughness to negotiate compensation in a motorcycle accident claim. Keep your legal options open if an insurance settlement will not get you full compensation. You may even need to file a lawsuit against the defendant in court.

How an Attorney Helps Your Motorcycle Accident Case

These are not things that you can handle in your claim alone.

An experienced motorcycle accident attorney will:

  • Speak to you and explain your options for obtaining financial compensation
  • Investigate your motorcycle accident and work to help prove fault for your injuries
  • Place a value on your injuries and prepare your claim or lawsuit complaint
  • Speak with and negotiate compensation with the insurance company
  • Argue your case in court if you cannot settle your claim
  • Answer all your questions and update you on your case as necessary

Your lawyer performs an important role that you should not try to fill. Not only do you not have the bandwidth to handle your case, but dealing with the details takes experience and knowledge. If you try to handle your own motorcycle accident case, the insurance company will take advantage of you and you will get less money.

What to Do After a Car Hits Your Motorcycle

gary annes, abels & annes, p.c.
Motorcycle Accident Attorney, Gary Annes

You can do things to help or hurt your claim after your crash. First, always get medical attention—not just at the scene but at the emergency room or doctor’s office. You want a complete diagnosis of all your injuries. This will help your health and your claim. The insurance company expects proof that your injuries resulted from the crash—not another event—so having medical records right after the crash is critical.

Ensure you do not speak in detail with insurance adjusters, and never accept a settlement offer without speaking to an attorney. Insurance adjusters tempt you with quick offers, and it might sound nice to have money in your hand. However, if you accept a quick low offer, you will get much less than you need to cover your losses.

Call a motorcycle accident attorney before you take any steps in the insurance process.


Abels & Annes
714 E Rose Ln #200
Phoenix, AZ 85014
(602) 819-5191

Phoenix Motorcycle Laws

Motorcycle riders have the same rights and obligations as other users of the road in Phoenix and other parts of Arizona. Still, motorcyclists need to take extra precautions when riding a bike due to the increased risk of injury and death. Statistically speaking, motorcycle riders are one of the most vulnerable road users.

According to the National Highway Traffic Safety Administration (NHTSA), a staggering 80 percent of motorcycle accidents lead to injuries or deaths. Only 20 percent of automobile accidents result in bodily injuries or fatalities.

The increased risk of bodily injury and death and the countless dangers motorcyclists face when riding a bike make it even more critical to understand Arizona’s motorcycle laws.

Not understanding or recklessly disobeying traffic laws results in too many collisions. In a recent year, the Arizona Department of Transportation counted over 2,300 motorcycle accident injuries.

What Are Motorcycle Laws in Phoenix, Arizona?

In addition to learning how to ride a motorcycle safely, a motorcyclist should also understand laws that apply to motorcycles in their respective state. Understanding the motorcycle laws in Phoenix, Arizona, can reduce the risk of accidents.

If you own a bike in Arizona, here are some of the key motorcycle laws from Arizona Revised Statutes (A.R.S.) that you need to understand to keep you safe on the road:

  • A.R.S. § 28-903. The statute prohibits motorcycle riders from lane splitting, the practice of riding a bike between rows of vehicles in slow-moving or stopped traffic. In other words, motorcyclists must share the road with other vehicles as any driver of a passenger vehicle does. The statute also makes it illegal for motorcycles to pass a vehicle without leaving the vehicle’s lane. While it is legal for two motorcyclists to share a single lane side-by-side, the statute prohibits doing so for three or more bikes.
  • A.R.S. § 28-964. The statute sets forth the requirements for mandatory safety equipment for motorcycle riders in Arizona. Under the law, motorcyclists of all ages must wear protective goggles, glasses, or transparent face shields to protect the eyes from the dust, insects, and other debris on the road. The requirement is mandatory unless the motorcycle has a protective windshield. The statute also requires motorcycles to be equipped with rear-view mirrors as well as the seat and footrests for the rider. Helmet use is mandatory for all motorcyclists under the age of 18.
  • A.R.S. § 28-955. The law puts restrictions on the noise produced by the engine and exhaust system of a motorcycle. Motorcyclists in Arizona are not allowed to modify their bikes to make their engines or exhaust systems too loud for reasonable people.
  • A.R.S. § 28-892. This statute requires motorcycles to have at least one seat for the operator. However, a motorcyclist can ride with a passenger as long as the motorcycle has a dedicated seat for that passenger.
  • A.R.S. § 28-924. Under this Arizona law, all motorcycles operated on public roads must have at least one but no more than two headlamps that provide adequate illumination.
  • A.R.S. § 28-3101. The statute requires anyone operating a motorcycle on public roads in Arizona to obtain a Class M license.

You need to understand all motorcycle laws in Arizona to ensure your safety and the safety of others and comply with all applicable laws.

What Are Motorcycle Insurance Requirements in Arizona?

Arizona law requires all motorcycle riders to purchase and carry liability insurance.

The minimum requirements for liability insurance for motorcycles are:

  • $15,000 per person and $30,000 per accident in bodily injury coverage
  • $10,000 in property damage coverage

Unfortunately, many motorists in Arizona disregard the mandatory insurance law, which may make the process of seeking compensation more complicated. According to the Insurance Information Institute, nearly 12 percent of motorists in Arizona are uninsured. When an uninsured or underinsured motorist injures a motorcycle rider, they can protect themselves by purchasing uninsured/underinsured (UM/UIM) insurance coverage.

Even if the other party involved in the accident has adequate insurance coverage in compliance with Arizona laws, obtaining fair compensation for your injuries and losses can be challenging. Insurance companies are for-profit organizations that do not profit from paying out injury claims, which is why they may attempt to undervalue or deny your claim. Consider hiring a Phoenix motorcycle accident lawyer to help you deal with the insurance company and protect your best interests.

Common Types of Motorcycle Accidents in Phoenix, AZ

Failure to follow traffic and motorcycle laws in Phoenix or elsewhere in Arizona increases the risk of a preventable motorcycle accident.

Some of the most common accidents involving motorcycles include:

  • Left-hand turn accidents. These accidents occur when a motorcycle goes through an intersection and a driver who fails to keep a proper lookout collides and hits the bike when performing a left-hand turn.
  • Rear-end collisions. Arizona laws require all motorists, including motorcyclists, to keep a safe following distance by leaving an adequate amount of space between their vehicle (or bike) and the vehicle in front of them. Failure to maintain a safe distance may result in a rear-end accident.
  • Lane-splitting accidents. While Arizona laws make lane-splitting illegal, many motorcyclists split lanes in violation of the law, endangering themselves and others on the road.
  • Dooring accidents. Many motorcycle accidents occur when a driver or another vehicle occupant opens a door without looking and ends up hitting a motorcyclist.
  • Lane-change accidents. Arizona’s traffic laws require all drivers and motorcycle riders to use turn signals before changing lanes or turning onto another roadway. Failure to signal one’s intention to change lanes or turn can result in a road accident.
  • Speeding accidents. Under Arizona law, speed limits apply to all motorists, including motorcycle riders. Unfortunately, many motorists fail to obey speed limits and end up causing accidents due to speeding.
  • Impaired driving or riding. The driving under the influence (DUI) laws in Arizona apply to vehicle drivers and motorcycle riders. According to the official website of the Arizona Department of Transportation, the state prohibits operating automobiles and motorcycles with a blood alcohol concentration (BAC) level of .08 percent or higher.

If you or your loved one was involved in a motorcycle accident, you might be entitled to compensation if you can prove that the collision was the result of someone else’s fault. Consider contacting a Phoenix motorcycle accident lawyer to help you prove negligence on the part of another party involved in the collision and assist you with seeking compensation for your losses and damages.

Frequently Asked Questions About Motorcycle Laws in Phoenix, Arizona

Phoenix Motorcycle Laws, Dave Abels
Dave Abels, Motorcycle Accident Lawyer

What are the requirements for obtaining a motorcycle license in Arizona?

According to the Arizona Department of Transportation (DOT), anyone over the age of 18 can obtain a motorcycle license, while minors between the ages of 16 and 18 can apply for a learner’s permit. A motorcycle license does not expire until the holder reaches the age of 65. Arizona law requires motorcyclists to update their photos and eye test every 12 years.

People who want to apply for a motorcycle license in Arizona must fill out the Driver License Application.

In Arizona, individuals need a Class M license to legally operate a motorcycle on public roads.

Drivers who already have a valid license in Arizona must take the following steps to get a motorcycle endorsement:

  • Pass a written test
  • Pass medical screening

One of the requirements for obtaining a motorcycle license in Arizona is completing an MVD-approved motorcycle driver safety program. MVD stands for the Motor Vehicle Division, which is a division of the Department of Transportation. For minors, the requirement is to show a certified form completed and signed by a guardian.

How to register a motorcycle in Arizona?

All motorcycles in Arizona must:

  • Have a valid motorcycle insurance policy; and
  • Be registered with the MVD within 15 days of the purchase date.

Proof of insurance is a requirement when registering a motorcycle in Arizona, while registration is required to obtain a license plate for the motorcycle. Arizona makes it illegal to operate a motorcycle without a valid license plate and registration.

Most dealerships obtain a license plate and registration on behalf of individuals who purchase motorcycles from them. However, those who purchase motorcycles from private sellers must take the necessary steps to register the motorcycle on their own.

Do motorcyclists in Arizona have the same rights as other motorists?

Motorcyclists must follow the same traffic laws as other motorists in Arizona. Motorcycle riders are entitled to the full use of a lane, which means drivers in Phoenix and other parts of the state are not permitted to pass a motorcycle using the same lane.

Since motorcyclists in Arizona have the same rights as other motorists, they must:

  • Obey all traffic signals and road signs
  • Follow posted speed limits
  • Yield the right of way to pedestrians when required by the law
  • Yield the right of way to emergency vehicles when required by the law
  • Indicate their intention to change lanes or turn
  • Stay at the scene of the accident when a collision occurs

While motorcyclists have the same rights and obligations as other motorists in Arizona, the law also grants them an additional right. Motorcycle riders are permitted to use the High Occupancy Vehicle (HOV) lane, regardless of how many passengers the rider is transporting.

Are motorcyclists in Arizona required to wear a helmet?

Arizona law does not require adult motorcycle riders or passengers to wear helmets. However, wearing a helmet is mandatory for operators and passengers under the age of 18. While helmet use is not mandatory for adult motorcyclists in Arizona, it does not mean that you should not wear one for your safety.

According to the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of head trauma by 69 percent and reduce the risk of death in motorcycle accidents by 37 percent.

Is lane-splitting legal or illegal in Arizona?

Arizona law prohibits lane-splitting, or riding between rows of slowed or stopped traffic. Motorcycles can only share the same lane with other motorcycles as long as the number of motorcycles that ride side-by-side does not exceed two.

Even though lane-splitting is not legal in Arizona, many riders pass vehicles using the same lane, especially on congested Phoenix roads during rush hour. If you were in a lane-splitting accident, contact a Phoenix motorcycle accident lawyer to help you determine fault and explore your options for compensation.

Are motorcyclists in Arizona required to wear protective equipment?

Yes, wearing a helmet is required for motorcycle riders and passengers under the age of 18. Adults, however, are not required to wear protective headgear. Motorcyclists and passengers of all ages must wear protective glasses, goggles, or a face shield. This is a mandatory requirement that applies to motorcycles not equipped with a protective windshield.

Other types of protective equipment, including a jacket, pants, boots, gloves, and others, are not mandatory under Arizona motorcycle laws. However, wearing as much protective equipment as possible can minimize the risk of serious injuries and death.

Can motorcyclists in Arizona ride with passengers?

Yes, motorcyclists can ride with passengers as long as the motorcycle has a dedicated seat and footrests for the passenger. If the passenger is younger than 18 years old, the passenger must wear a helmet.

How long do you have to file a lawsuit after a motorcycle accident in Arizona?

In Arizona, the time limit to bring a lawsuit after a motorcycle accident – or any other accident, for that matter – is called the statute of limitations. Under A.R.S. § 12-542, victims injured in any type of traffic accident have two years to file a personal injury lawsuit and recover damages. Failure to bring a lawsuit before the deadline passes can result in the loss of the right to sue the negligent party.


Abels & Annes
100 N LaSalle St #1710
Chicago, IL 60602
(312) 924-7575

Phoenix Motorcycle Accident Injuries

Millions of Americans enjoy riding motorcycles. However, motorcyclists are susceptible to the many dangers of the road, which makes riders more vulnerable to serious accidents. Due to the lack of protection and disparity in vehicle sizes, motorcycle riders can suffer catastrophic and life-changing injuries when involved in an accident.

Because motorcycles have only two wheels, they are less stable than four-wheeled passenger cars, not to mention that their size makes them less visible to other motorists on the road. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 80 percent of all road accidents involving motorcycles result in bodily injuries or deaths, while only 20 percent of car crashes result in injuries or deaths.

If you or someone you love has suffered injuries in a motorcycle accident, you might want to contact a skilled lawyer to help you pursue compensation for your losses and damages. A Phoenix motorcycle accident lawyer can help you understand your legal options and fight for the compensation you deserve.

What Are the Most Common Motorcycle Accident Injuries?

A study by NHTSA revealed that motorcyclists are almost 30 times more likely than occupants of passenger cars to suffer fatal injuries in the event of a traffic accident. Motorcycle riders and their passengers are also prone to serious and debilitating injuries when accidents occur.

While injuries sustained by motorcycle accident victims vary from one crash to another, some of the most common ones include:

  • Lower-extremity injuries. According to NHTSA, injuries to the legs and feet are the most common type of injury suffered by motorcycle riders in accidents. In particular, motorcyclists are prone to bone fractures in the legs. The extreme risk of lower-extremity injuries is because the legs and feet are often the first body part that hits the ground when an accident throws a motorcyclist off the bike. Lower-extremity injuries tend to be more serious when the rider is not wearing protective equipment for the legs.
  • Neck injuries. The force of impact in a motorcycle accident can cause the muscles and ligaments in the neck to tear or otherwise get damaged. One of the most common types of neck injuries associated with motor vehicle accidents is whiplash. In the worst-case scenario, the motorcyclist may end up with a broken neck.
  • Traumatic brain injuries. Motorcycle riders and passengers are at risk of suffering traumatic brain injuries, also known as TBIs, especially when they do not wear a helmet. According to the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of motorcycle accident-related death by 37 percent. While helmets can reduce the risk of head trauma, they cannot prevent all types of TBIs. Severe head injuries are often associated with long-term consequences, including dizziness, memory problems, behavioral changes, mood swings, balance problems, and others.
  • Broken bones. Human bone may not withstand the sheer force of the collision, especially when bones come under too much pressure in a motorcycle accident. Motorcycle riders and passengers often experience broken bones and bone fractures. As a result of a collision, a motorcyclist can break a bone in the arms, hands, legs, or feet. Broken bones often require prompt medical attention, surgery, and physical therapy. Recovering from a broken bone can be a painful and long-lasting healing process.
  • Spinal cord injuries. Some of the most common and dangerous motorcycle injuries are spinal cord injuries. The spine transmits signals from the brain to the body. Any disruption of these signals can result in partial or complete paralysis. Any spinal cord injury can drastically change the victim’s life and result in temporary or permanent disability. The injured party may never fully recover.
  • Road rash. Road rash is often the first noticeable injury in a motorcycle accident. This type of injury occurs when a motorcyclist slides across the pavement after being thrown from the bike. Road rash, which is an abrasion, can leave permanent scars because all layers of the skin are damaged. Protective gear, such as gloves, boots, pants, and a jacket, can reduce the severity of road rash.
  • Femur fractures. The femur is the longest bone in the body. Femur fractures are some of the most painful injuries, which can affect various aspects of the victim’s life. The injury may require surgery and years of rehabilitation.
  • Chest injuries. Motorcycle accidents can affect the chest area. Any injury to the chest can be life-threatening because it can cause damage to the heart and other vital organs. Some of the most common chest injuries associated with motorcycle accidents are lacerated lungs, collapsed lungs, injury to the thorax, fractured ribs or sternum, and lung contusion.
  • Sprains or strains. The force of impact in a motorcycle accident can cause severe strains and sprains as a result of damage to the muscles, ligaments, and tendons. Depending on their severity, sprains or strains may require surgery and physical therapy.
  • Internal injuries and bleeding. Direct trauma in a motorcycle accident may cause internal bleeding. A victim of a motorcycle collision may also experience internal organ damage as a result of being hit by other vehicles or being thrown from the bike. Vital organs that get injured more often than others include the liver, lungs, kidneys, and spleen. If left undiagnosed and untreated, internal organ damage can be a life-threatening injury.
  • Lacerations and bruises. Motorcycle accidents are also commonly associated with bruises and lacerations. While these injuries may be less severe than others, they may result in long-term complications and/or permanent scarring. In addition, bruising may be a sign of a serious underlying injury.
  • Pelvic injuries. The pelvis is a commonly injured area in a motorcyclist’s body. However, people often overlook pelvic injuries. Motorcycle riders have no protection around their hips, which is why injuries to the pelvis and hips may occur.
  • Biker’s arm. When an unexpected event throws a motorcycle rider from the bike, their first instinct is to extend their arms in an attempt to protect their head and lessen the impact. Doing so can result in broken arms or a condition known as a “biker’s arm.” This type of injury is associated with permanent nerve damage.
  • Disfigurement. Motorcyclists may suffer disfigurement any time they land on their face or experience severe burns or lacerations when a collision occurs. Wearing a helmet can protect a rider from facial injuries.
  • Loss of a limb. When a motorcyclist’s body comes into contact with another vehicle or object, they are at risk of suffering the loss of a limb. The physical and emotional trauma associated with losing a limb can be overwhelming, which is why a victim should determine the full and long-lasting impact of the injury before accepting a settlement.
  • Skull fractures. Motorcyclists who do not wear a helmet while riding are likely to suffer skull fractures when their head hits another vehicle, object, or pavement. Skull fractures may require surgery to prevent permanent damage to the brain and other complications. A victim who suffered a skull fracture may experience long-lasting neurological problems.

Each year, motorcycle accidents result in more than 5,000 fatalities, according to the Insurance Information Institute (III). The statistics are disturbing because motorcycles account for only three percent of all registered vehicles in the United States, while motorcyclists represent 14 percent of traffic deaths, according to NHTSA.

Frequently Asked Questions (FAQs) About Motorcycle Accident Injuries

What are the long-term consequences of motorcycle accident injuries?

Due to the traumatic nature of motorcycle accidents, victims may suffer long-term impairments and complications. Depending on the type and severity of the motorcycle accident injury, a rider may be left temporarily or permanently disabled. Severe impairments may make the victims unable to care for themselves, requiring help to bathe, use the bathroom, dress, or feed themselves.

Head injuries from a violent blow to the head in a motorcycle accident can result in behavioral changes, memory problems, speech problems, and many others. The physical, emotional, cognitive, and financial hardships can take a toll on the motorcycle accident victim’s life. That is why it is imperative to fight for compensation for all the losses and damages. Consider contacting a Phoenix motorcycle accident attorney to examine your case and determine a value settlement amount for your injury.

What are the emotional injuries after a motorcycle accident?

Aside from physical injuries, a victim of a motorcycle accident may also experience emotional injuries, which can include but are not limited to depression, post-traumatic stress disorder, anxiety, and others.

When seeking compensation for emotional injuries after a motorcycle accident, recoverable damages may include:

  • Pain and suffering. Victims of a motorcycle accident may be entitled to pain and suffering damages when they suffer permanent scarring, disfigurement, amputation, or any emotional hardships as a result of the accident and/or injury.
  • Loss of enjoyment of life. If the motorcycle accident has reduced your quality of life, you can be entitled to what is known as the “loss of enjoyment of life” damages.
  • Emotional distress. The purpose of this type of non-economic damage is to compensate victims for the emotional and psychological impacts of their injury on their daily life.

Unlike economic damages, which have a fixed dollar value assigned to them, calculating compensation for non-economic damages, including pain and suffering and emotional distress, can be tricky. That is why you might want to seek the legal counsel of a Phoenix motorcycle accident attorney to help you determine fair compensation for your economic and non-economic damages.

What types of damages can you recover after a motorcycle accident?

Each motorcycle accident case is unique, which is why recoverable damages vary greatly from one victim to another.

However, if the accident was the result of someone else’s negligence, you can demand compensation for:

  • Past and future medical expenses
  • Loss of income
  • Pain and suffering
  • Disfigurement
  • Diminished earning capacity
  • Disability
  • Property damage
  • Emotional distress
  • Loss of enjoyment of life

The value of your motorcycle accident case depends on the severity of your injuries, the impact of the injuries on your life and work, whether you suffered emotional distress or pain and suffering, among many other factors.

Why should you seek medical attention after a motorcycle accident?

We cannot overstate the importance of seeking immediate medical attention after a motorcycle accident. Delaying medical care or waiting too long to visit a doctor can negatively affect your health and jeopardize your legal claim. If you do not seek medical attention immediately after the accident, you can have a hard time proving that your injury was the result of that accident.

Insurance companies use various tactics to undervalue and deny personal injury claims after motorcycle accidents. Disputing the cause of the injury may be one of them when the victim fails to receive prompt medical care. It is equally important to follow the prescribed treatment plan to avoid potential problems during the insurance claims process.

What evidence do you need to prove fault after a motorcycle accident?

Gathering evidence is one of the essential steps you can take to recover damages after a motorcycle accident. You will use the evidence you collect to prove fault and determine the extent of your damages and losses.

Some of the evidence that you may need to support your motorcycle accident case includes:

  • The police report
  • Photos from the scene of the motorcycle accident
  • Witness testimony
  • Surveillance or traffic camera footage

Your Phoenix motorcycle accident lawyer can help you gather the necessary types of evidence and handle other legal aspects of the claims process, allowing you to focus on your medical treatment.

How can a Phoenix motorcycle accident lawyer help?

Suffering motorcycle accident injuries can cause physical, emotional, and financial hardships and result in long-lasting consequences. A victim may be left temporarily or permanently disabled, which may make it difficult to pay for the treatment. An experienced lawyer on your side will work tirelessly to help you obtain the compensation you deserve.

A Phoenix motorcycle accident lawyer will help you collect all available evidence in your case and determine fair compensation for your injuries and losses.Millions of Americans enjoy riding motorcycles. However, motorcyclists are susceptible to the many dangers of the road, which makes riders more vulnerable to serious accidents. Due to the lack of protection and disparity in vehicle sizes, motorcycle riders can suffer catastrophic and life-changing injuries when involved in an accident.

Because motorcycles have only two wheels, they are less stable than four-wheeled passenger cars, not to mention that their size makes them less visible to other motorists on the road. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 80 percent of all road accidents involving motorcycles result in bodily injuries or deaths, while only 20 percent of car crashes result in injuries or deaths.

If you or someone you love has suffered injuries in a motorcycle accident, you might want to contact a skilled lawyer to help you pursue compensation for your losses and damages. A Phoenix motorcycle accident lawyer can help you understand your legal options and fight for the compensation you deserve.

What Are the Most Common Motorcycle Accident Injuries?

A study by NHTSA revealed that motorcyclists are almost 30 times more likely than occupants of passenger cars to suffer fatal injuries in the event of a traffic accident. Motorcycle riders and their passengers are also prone to serious and debilitating injuries when accidents occur.

While injuries sustained by motorcycle accident victims vary from one crash to another, some of the most common ones include:

  • Lower-extremity injuries. According to NHTSA, injuries to the legs and feet are the most common type of injury suffered by motorcycle riders in accidents. In particular, motorcyclists are prone to bone fractures in the legs. The extreme risk of lower-extremity injuries is because the legs and feet are often the first body part that hits the ground when an accident throws a motorcyclist off the bike. Lower-extremity injuries tend to be more serious when the rider is not wearing protective equipment for the legs.
  • Neck injuries. The force of impact in a motorcycle accident can cause the muscles and ligaments in the neck to tear or otherwise get damaged. One of the most common types of neck injuries associated with motor vehicle accidents is whiplash. In the worst-case scenario, the motorcyclist may end up with a broken neck.
  • Traumatic brain injuries. Motorcycle riders and passengers are at risk of suffering traumatic brain injuries, also known as TBIs, especially when they do not wear a helmet. According to the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of motorcycle accident-related death by 37 percent. While helmets can reduce the risk of head trauma, they cannot prevent all types of TBIs. Severe head injuries are often associated with long-term consequences, including dizziness, memory problems, behavioral changes, mood swings, balance problems, and others.
  • Broken bones. Human bone may not withstand the sheer force of the collision, especially when bones come under too much pressure in a motorcycle accident. Motorcycle riders and passengers often experience broken bones and bone fractures. As a result of a collision, a motorcyclist can break a bone in the arms, hands, legs, or feet. Broken bones often require prompt medical attention, surgery, and physical therapy. Recovering from a broken bone can be a painful and long-lasting healing process.
  • Spinal cord injuries. Some of the most common and dangerous motorcycle injuries are spinal cord injuries. The spine transmits signals from the brain to the body. Any disruption of these signals can result in partial or complete paralysis. Any spinal cord injury can drastically change the victim’s life and result in temporary or permanent disability. The injured party may never fully recover.
  • Road rash. Road rash is often the first noticeable injury in a motorcycle accident. This type of injury occurs when a motorcyclist slides across the pavement after being thrown from the bike. Road rash, which is an abrasion, can leave permanent scars because all layers of the skin are damaged. Protective gear, such as gloves, boots, pants, and a jacket, can reduce the severity of road rash.
  • Femur fractures. The femur is the longest bone in the body. Femur fractures are some of the most painful injuries, which can affect various aspects of the victim’s life. The injury may require surgery and years of rehabilitation.
  • Chest injuries. Motorcycle accidents can affect the chest area. Any injury to the chest can be life-threatening because it can cause damage to the heart and other vital organs. Some of the most common chest injuries associated with motorcycle accidents are lacerated lungs, collapsed lungs, injury to the thorax, fractured ribs or sternum, and lung contusion.
  • Sprains or strains. The force of impact in a motorcycle accident can cause severe strains and sprains as a result of damage to the muscles, ligaments, and tendons. Depending on their severity, sprains or strains may require surgery and physical therapy.
  • Internal injuries and bleeding. Direct trauma in a motorcycle accident may cause internal bleeding. A victim of a motorcycle collision may also experience internal organ damage as a result of being hit by other vehicles or being thrown from the bike. Vital organs that get injured more often than others include the liver, lungs, kidneys, and spleen. If left undiagnosed and untreated, internal organ damage can be a life-threatening injury.
  • Lacerations and bruises. Motorcycle accidents are also commonly associated with bruises and lacerations. While these injuries may be less severe than others, they may result in long-term complications and/or permanent scarring. In addition, bruising may be a sign of a serious underlying injury.
  • Pelvic injuries. The pelvis is a commonly injured area in a motorcyclist’s body. However, people often overlook pelvic injuries. Motorcycle riders have no protection around their hips, which is why injuries to the pelvis and hips may occur.
  • Biker’s arm. When an unexpected event throws a motorcycle rider from the bike, their first instinct is to extend their arms in an attempt to protect their head and lessen the impact. Doing so can result in broken arms or a condition known as a “biker’s arm.” This type of injury is associated with permanent nerve damage.
  • Disfigurement. Motorcyclists may suffer disfigurement any time they land on their face or experience severe burns or lacerations when a collision occurs. Wearing a helmet can protect a rider from facial injuries.
  • Loss of a limb. When a motorcyclist’s body comes into contact with another vehicle or object, they are at risk of suffering the loss of a limb. The physical and emotional trauma associated with losing a limb can be overwhelming, which is why a victim should determine the full and long-lasting impact of the injury before accepting a settlement.
  • Skull fractures. Motorcyclists who do not wear a helmet while riding are likely to suffer skull fractures when their head hits another vehicle, object, or pavement. Skull fractures may require surgery to prevent permanent damage to the brain and other complications. A victim who suffered a skull fracture may experience long-lasting neurological problems.

Each year, motorcycle accidents result in more than 5,000 fatalities, according to the Insurance Information Institute (III). The statistics are disturbing because motorcycles account for only three percent of all registered vehicles in the United States, while motorcyclists represent 14 percent of traffic deaths, according to NHTSA.

Frequently Asked Questions (FAQs) About Motorcycle Accident Injuries

What are the long-term consequences of motorcycle accident injuries?

Due to the traumatic nature of motorcycle accidents, victims may suffer long-term impairments and complications. Depending on the type and severity of the motorcycle accident injury, a rider may be left temporarily or permanently disabled. Severe impairments may make the victims unable to care for themselves, requiring help to bathe, use the bathroom, dress, or feed themselves.

Head injuries from a violent blow to the head in a motorcycle accident can result in behavioral changes, memory problems, speech problems, and many others. The physical, emotional, cognitive, and financial hardships can take a toll on the motorcycle accident victim’s life. That is why it is imperative to fight for compensation for all the losses and damages. Consider contacting a Phoenix motorcycle accident attorney to examine your case and determine a value settlement amount for your injury.

What are the emotional injuries after a motorcycle accident?

Aside from physical injuries, a victim of a motorcycle accident may also experience emotional injuries, which can include but are not limited to depression, post-traumatic stress disorder, anxiety, and others.

When seeking compensation for emotional injuries after a motorcycle accident, recoverable damages may include:

  • Pain and suffering. Victims of a motorcycle accident may be entitled to pain and suffering damages when they suffer permanent scarring, disfigurement, amputation, or any emotional hardships as a result of the accident and/or injury.
  • Loss of enjoyment of life. If the motorcycle accident has reduced your quality of life, you can be entitled to what is known as the “loss of enjoyment of life” damages.
  • Emotional distress. The purpose of this type of non-economic damage is to compensate victims for the emotional and psychological impacts of their injury on their daily life.

Unlike economic damages, which have a fixed dollar value assigned to them, calculating compensation for non-economic damages, including pain and suffering and emotional distress, can be tricky. That is why you might want to seek the legal counsel of a Phoenix motorcycle accident attorney to help you determine fair compensation for your economic and non-economic damages.

What types of damages can you recover after a motorcycle accident?

Each motorcycle accident case is unique, which is why recoverable damages vary greatly from one victim to another.

However, if the accident was the result of someone else’s negligence, you can demand compensation for:

  • Past and future medical expenses
  • Loss of income
  • Pain and suffering
  • Disfigurement
  • Diminished earning capacity
  • Disability
  • Property damage
  • Emotional distress
  • Loss of enjoyment of life

The value of your motorcycle accident case depends on the severity of your injuries, the impact of the injuries on your life and work, whether you suffered emotional distress or pain and suffering, among many other factors.

Why should you seek medical attention after a motorcycle accident?

We cannot overstate the importance of seeking immediate medical attention after a motorcycle accident. Delaying medical care or waiting too long to visit a doctor can negatively affect your health and jeopardize your legal claim. If you do not seek medical attention immediately after the accident, you can have a hard time proving that your injury was the result of that accident.

Insurance companies use various tactics to undervalue and deny personal injury claims after motorcycle accidents. Disputing the cause of the injury may be one of them when the victim fails to receive prompt medical care. It is equally important to follow the prescribed treatment plan to avoid potential problems during the insurance claims process.

What evidence do you need to prove fault after a motorcycle accident?

Gathering evidence is one of the essential steps you can take to recover damages after a motorcycle accident. You will use the evidence you collect to prove fault and determine the extent of your damages and losses.

Some of the evidence that you may need to support your motorcycle accident case includes:

  • The police report
  • Photos from the scene of the motorcycle accident
  • Witness testimony
  • Surveillance or traffic camera footage

Your Phoenix motorcycle accident lawyer can help you gather the necessary types of evidence and handle other legal aspects of the claims process, allowing you to focus on your medical treatment.

How can a Phoenix motorcycle accident lawyer help?

Motorcycle Accident Lawyer, Dave Abels
Dave Abels, Motorcycle Accident Lawyer

Suffering motorcycle accident injuries can cause physical, emotional, and financial hardships and result in long-lasting consequences. A victim may be left temporarily or permanently disabled, which may make it difficult to pay for the treatment. An experienced lawyer on your side will work tirelessly to help you obtain the compensation you deserve.

A Phoenix motorcycle accident lawyer will help you collect all available evidence in your case and determine fair compensation for your injuries and losses.


Abels & Annes
100 N LaSalle St #1710
Chicago, IL 60602
(312) 924-7575

Phoenix Causes of Motorcycle Accidents

Many people in Phoenix and across Arizona love riding motorcycles. Riding a motorcycle is exciting, but potentially dangerous.

Unfortunately, motorcycle accidents are too common in Phoenix. In fact, Maricopa County, which includes Phoenix, sees more motorcycle accidents than all other counties in Arizona combined, according to the Arizona Department of Transportation.

A motorcycle accident can happen out of nowhere, causing severe injuries or deaths. Because the motorcyclist lacks the protection of an enclosed vehicle, such as airbags and seatbelts, to name a few, motorcycle riders are more vulnerable to injuries and fatalities than vehicle occupants.

There are dozens of factors that can lead to a motorcycle accident, including driver error and negligence on the part of the motorcyclist. If you or your loved one was involved in a motorcycle collision, consider speaking with a Phoenix motorcycle accident attorney to help you determine what caused the crash and who can be held responsible for it.

Common Types of Injuries in Motorcycle Accidents

According to one study by the National Highway Traffic Safety Administration (NHTSA), a staggering 80 percent of all motorcycle accidents result in injuries or fatalities. By contrast, only 20 percent of car accidents involve injuries or deaths.

Another study by NHTSA showed that lower-extremity injuries, and bone fractures in the legs, in particular, are the most common type of injury among motorcyclists involved in road accidents.

However, motorcycle riders may also suffer:

  • Chest injuries
  • Traumatic brain injuries
  • Whiplash
  • Concussion
  • Spinal cord injury
  • Paralysis
  • Road rash
  • Severe burns
  • Broken ribs
  • Loss of a limb
  • Internal organ damage
  • Lacerations
  • Disfigurement

In the worst-case scenario, motorcyclists suffer fatal injuries and die at the scene of the crash or in the hospital. While motorcycles account for only three percent of registered vehicles in the country, motorcycle riders account for 14 percent of traffic fatalities, according to NHTSA. The disturbing statistics show how dangerous and deadly motorcycle crashes can be.

What Are the Most Common Causes of Motorcycle Accidents?

The vast majority of motorcycle accidents occur due to negligence on the part of the motorcyclist or driver. However, the causes of road accidents involving motorcycles vary from one case to another. Speak with a Phoenix motorcycle accident attorney to investigate your collision and determine how the accident occurred and who is at fault for causing it.

Some of the most common causes of motorcycle accidents include:

  • Left-hand turns. Many collisions involving cars and motorcycles occur when a driver is trying to make a left-hand turn. The turning motorist must yield the right of way to oncoming traffic and must check their rear- and side-view mirrors to ensure that it is safe to perform the maneuver. When a driver fails to keep a proper lookout before turning left across traffic, they may not notice a motorcyclist.
  • Speeding. Exceeding the speed limit or driving too fast for conditions is one of the most common causes of all road accidents, including motorcycle collisions. When a driver or motorcyclist is traveling at a high rate of speed, they are less likely to react in time to avoid a collision, not to mention that high speeds contribute to severe and life-threatening injuries.
  • Inexperience. According to NHTSA, of all the motorcyclists involved in fatal motorcycle accidents in a recent year, 30 percent did not have a valid motorcycle license. Lack of experience and not knowing traffic laws can end up causing a motorcycle accident. An inexperienced motorcyclist may not understand how to operate the motorcycle properly, who has the right of way at intersections, and how to respond to various situations on the road. Inexperienced car drivers are also more likely to be involved in an accident than motorists with years of driving experience.
  • Lane splitting. Lane splitting is illegal in most states, including Arizona. Under Arizona Revised Statutes § 28-903, motorcyclists are not permitted to split a lane with other vehicles. In other words, Arizona law prohibits motorcycle riders from riding between rows of slowed or stopped traffic. However, when a motorcyclist disregards the law and splits lanes, an accident is bound to happen.
  • Wrong-way driving. Driving against the flow of traffic as indicated by road signs can result in one of the deadliest types of car accidents. Wrong-way driving commonly results in head-on collisions, which may throw a motorcyclist off the bike, causing debilitating injuries or death.
  • Failing to keep a safe following distance. Many drivers fail to provide adequate space between their vehicles and a motorcycle in front of them. This practice is known as tailgating. When drivers fail to keep a safe following distance, they may not react in time to avoid a collision if the motorcyclist comes to an abrupt stop. The same dangers exist when motorcyclists tailgate other vehicles on the road.
  • Unsafe lane changes. A driver or motorcyclist who needs to change lanes must indicate their intention to change lanes and check their surroundings to determine that performing the maneuver is safe. Failure to take these precautions may result in a motorcycle accident caused by an unsafe lane change.
  • Sudden stop. When a motorcyclist or car driver needs to come to an abrupt stop for any reason (e.g., an animal or pedestrian runs into their path), the sudden stop can result in a chain-reaction accident involving multiple vehicles. To prevent collisions caused by sudden stops, motorists must always maintain a safe distance.
  • Loss of control. Unlike passenger vehicles, which have four vehicles to keep them stable, motorcycles generally have only two wheels. While this makes bikes more maneuverable than cars, the lack of stability may cause the rider to lose control of the motorcycle, resulting in a collision with a fixed object or another vehicle on the road. The loss of control can occur due to various factors, including but not limited to adverse weather conditions, lack of experience, or defective or improperly maintained motorcycle parts.
  • Counter steering. Many motorcycle riders use the counter-steering technique when making a turn. The technique refers to turning the handlebars and pointing the front wheel opposite where the biker needs to go. As a result, the motorcyclist can compensate for the lack of the bike’s stability. However, other drivers on the road may not be ready for such maneuvers.
  • Driving under the influence of alcohol or drugs. About 34 percent of motorcyclist deaths involve alcohol impairment, according to the Insurance Information Institute. Alcohol or drug impairment can decrease reaction time and impair vision and judgment.
  • Improper road maintenance. Since motorcyclists are less stable than four-wheeled vehicles, they are more prone to accidents when roads are poorly maintained. Poor road conditions such as potholes, cracked pavement, and other conditions may cause the rider to lose control of the bike or throw the motorcycle off the bike. In addition, faulty traffic signals or improperly maintained road signs may contribute to a motorcycle accident.
  • Motorcycle or automobile defects. When cars/motorcycles or their parts are defective, accidents are likely to happen. When motorcycle collisions occur because of defects, manufacturers can be held responsible for the resulting injuries, deaths, and property damage.
  • Dooring. Many motorcycle accidents happen when car drivers or passengers open the door of the parked vehicle and end up hitting a moving motorcyclist. Vehicle occupants can prevent dooring accidents by keeping a proper lookout.
  • Distracted driving. A person texting while driving and other forms of distraction behind the wheel can result in devastating motorcycle accidents. Motorcyclists are less visible than other vehicles, which is why drivers need to pay closer attention to the road to avoid collisions—driving while distracted can lead to manual, visual, and/or cognitive distractions, which increase the likelihood of accidents.
  • Bad weather conditions. Motorcyclists are more likely to be involved in traffic accidents when riding in adverse weather conditions for several reasons. First of all, bad weather can make it even more difficult to control the bike. Motorcyclists are more likely to lose control of the bike on slippery or wet pavement. Second of all, rain, snow, and fog can reduce the ability of drivers to see a motorcyclist.
  • Road rage. Another common cause of motorcycle accidents is road rage. Some drivers engage in aggressive driving or experience other forms of road rage when sharing the road with motorcyclists. However, road rage can put the driver and others on the road, including the motorcyclist, at risk of accidents.

Often, determining what caused a motorcycle accident requires a thorough investigation. In some cases, an accident victim may need to retain accident reconstruction experts to help them establish fault. Consider contacting a Phoenix motorcycle accident lawyer to investigate your collision, determine its cause, and identify liable parties.

Who Is Responsible for Causing a Motorcycle Accident?

According to NHTSA, motorcycle riders are nearly 30 times more likely than passenger vehicle occupants to suffer fatal injuries in a road accident. In many motorcycle accidents, it may not be immediately clear who caused the collision and who can be held liable for the resulting damages and losses.

To establish fault for the motorcycle accident, insurance companies and courts will consider the actions of all parties involved to determine who can be held responsible.

Depending on the circumstances of the collision, potentially at-fault parties may include:

  • The car driver. When car drivers fail to exercise due care and end up hitting a motorcyclist or causing him/her to crash into other vehicles or fixed objects, the driver can be at fault for the negligent conduct.
  • The motorcyclist. Sometimes, motorcyclists are also at-fault for causing the collision. Motorcycle riders must obey all traffic laws and exercise due care at all times.
  • Car/motorcycle manufacturer. If the motorcycle accident was the result of defects in the car or motorcycle, the manufacturer of the vehicle can be liable for the accident.
  • Government entities. Government agencies must maintain safe roads. This means repairing faulty traffic lights and eliminating dangerous road conditions, such as potholes.
  • Employers. When a commercial truck hits a motorcyclist, the rider may bring a lawsuit against the truck driver’s employer under the legal theory of vicarious liability.

In some cases, there may be other at-fault parties. Consider speaking with a Phoenix motorcycle accident attorney to investigate what caused your accident and determine who can be held responsible for your injuries and losses.

How Can a Phoenix Motorcycle Accident Lawyer Help?

Motorcycle Accidents Lawyer, Dave Abels
Dave Abels, Motorcycle Accidents Lawyer

If you or someone you love has been in a motorcycle accident, consider hiring a Phoenix motorcycle accident lawyer to handle the legal aspects of your claim and ensure that you receive fair compensation for all your losses and damages.

An experienced motorcycle accident attorney can:

  • Investigate your accident to identify the factors that caused or contributed to the collision
  • Explain your legal rights and options throughout the case
  • Gather evidence proving the other party’s fault
  • Take care of the paperwork and prepare your legal case
  • Communicate with insurance companies on your behalf
  • Evaluate your case to determine what settlement amount will fairly compensate you for your losses and damages
  • Negotiate a fair settlement with the insurance adjuster
  • File a lawsuit and represent you in court if you can’t settle out of court

A motorcycle accident can result in physical, emotional, and financial hardships. In addition to medical expenses and the loss of income, you may have to deal with emotional injuries, such as post-traumatic stress disorder, depression, anxiety, and emotional distress, among others.

A skilled Phoenix motorcycle attorney will understand what you are going through and will represent your best interests to help you seek the compensation to which you are entitled. When an experienced attorney handles your case, you can focus on your medical treatment and physical recovery.


Abels & Annes
100 N LaSalle St #1710
Chicago, IL 60602
(312) 924-7575

Motorcycle Helmet Laws in Illinois and the Surrounding States

Whether you’re riding down Lake Shore Drive or a quiet country road outside the city, for many people, nothing can compare to driving a motorcycle on a nice day. Other vehicles just don’t provide that wind in-your-face connection with the road that a bike so easily can. If you have already had a dangerous encounter while on a motorcycle that left you with severe injuries learn what an experienced Chicago motorcycle accident attorney.

When it comes to riders on the road, few states have more motorcyclists than Illinois: In fact, only five states have more registered motorcycles than the Prairie State.

But while Illinois has more bikes registered in the state, Illinois’s neighbors, Indiana and Wisconsin, both have more bikes per capita. In fact, all three states rank high in ownership and ridership.

However, that’s where the similarities stop. When it comes to the law, all three states have different rules and regulations. If you plan on riding between the three states, it’s a good idea to know the laws and make sure you comply in each state you pass through.

Riding a Motorcycle in Illinois

Each state has its own rules when it comes to riding a motorcycle. However, one common theme that exists among most states—they require riders to wear a helmet while riding their motorcycles.

Three states in the United States have no laws that mandate helmet use while riding a motorcycle. Illinois is one of those three states.

While Illinois has passed no law regarding helmets, the Illinois Department of Transportation strongly recommends a helmet for all riders. Additionally, all riders must wear protective eyewear anytime they are on their bikes.

So where does Illinois stand when it comes to motorcycle safety? According to one report—about the middle of the road. A report conducted by the Governor’s Highway Safety Association found that 14.3 percent of all motor vehicle fatalities in one year involved a motorcyclist. Comparatively, Nevada had the largest percentage of fatalities with 22.6 percent of fatalities being a biker. On the other end of the spectrum, Alaska had the lowest percent of motorcycle fatalities, with just 7.1 percent of all motor vehicle fatalities involving a motorcyclist.

What You Need to Know When You Travel to or From Neighboring States

Gary Annes Lawyer
Motorcycle Accident Lawyer, Gary Annes

While Illinois does not have any helmet laws, this is not the case for Indiana or Wisconsin. Both states mandate helmet use. However, neither state requires universal helmet use. In both Indiana and Wisconsin, all drivers 17 and younger must wear helmets. Wisconsin goes a step further and requires anyone operating under a learner’s permit to wear a helmet as well. Additionally, any passengers riding with a driver who has an instruction permit must wear a helmet, even if they are older than 17. For all other riders, helmet use is optional.

Both states have similar safety stats as Illinois in regards to fatality rates. In 2016, 12.3 percent of all motor vehicle fatalities in Indiana involved a motorcyclist. In Wisconsin, the number was slightly higher at 14 percent.

Do Helmets Actually Work?

In a word, yes. According to the National Highway Traffic Safety Administration, helmets are about 37 percent successful in preventing motorcycle rider fatalities. For passengers, effectiveness increases to 41 percent. Furthermore, when you look at the percent of known unhelmeted motorcyclists killed in 2017, Illinois, Indiana, and Wisconsin all had some of the highest rates in the country.

While helmet use is optional for many riders in all three states, most safety experts agree that regular helmet use can help prevent serious injury or death. In addition to helmets, strong evidence supports the use of other protective equipment.

This includes:

  • Eye protection, including glasses, goggles, and face shields.
  • Protective clothing, including pants, jackets, and boots.
  • Protective gloves

Aside from safety equipment, all riders should take extra precautions to stay safe on the road. Safety tips include:

  • Do not perform stunts on public roads. Only experienced riders who know what they are doing should perform stunts—and they should do so away from other drivers and riders.
  • Don’t speed. Speeding makes it harder to control your bike and increases the risk of an accident.
  • Don’t weave in between traffic. Stay in your lane. Do not attempt to drive in between two vehicles.
  • Be seen. Wear bright or reflective clothing so other drivers can see you in low light or poor visibility.
  • Don’t drink and ride: According to the NHTSA, 28 percent of motorcycle riders killed in 2017 were drunk.

Learn more about general motorcycle safety from our motorcycle accident attorney resources, where we also discuss some of the most common motorcycle accident myths.

Helmet Use and Your Rights in a Motorcycle Accident Case

Your choice to wear a helmet—or not, in accordance with the law—does not absolve other drivers of the responsibility to see and respect motorcycles. Those drivers cannot tailgate motorcycles, must drive the speed limit, must drive sober, and otherwise obey the rules of the road. If they don’t, they remain liable for any injuries they cause—whether you wore a helmet or not.

Know Your Rights

Whether or not you wear a helmet every time you ride is your choice, at least in Illinois. After an accident, helmet use should play no role in your right to a fair and just recovery. However, this does not mean the insurance company will not try to make the process more difficult. If you were in an accident, you have rights. After an accident, surround yourself with people you trust and who will support you through your recovery.

If you have questions after an accident or need help with your claim, contact an experienced motorcycle accident attorney for more information about your legal rights.


Abels & Annes
100 N LaSalle St #1710
Chicago, IL 60602
(312) 924-7575

When Do I Need a Phoenix Lawyer for My Motorcycle Road Rash Claim?

Road rash is a common type of injury among motorcycle riders who get into accidents. This injury can be painful, unpleasant, or even deadly, depending on its severity. If left untreated, road rash can cause a lifetime of physical pain, emotional suffering, and mental anguish.

It is not uncommon for road rash arising from motorcycle accidents to cause permanent scarring, disfigurement, and disabilities, which can dramatically impact the victim’s life. Injured motorcycle riders often need a skilled attorney on their side to obtain fair compensation for the economic and non-economic impacts of road rash.

An experienced motorcycle accident attorney will fight for maximum compensation in your case to ensure that you receive an adequate amount of money to cover all your medical bills, loss of income, and other damages.

What Is Road Rash?

The term “road rash” refers to an abrasion caused by the contact between a victim’s skin and the pavement. According to the American College of Surgeons, an abrasion occurs when a person’s skin is “rubbed away.” In motorcycle accidents, road rash and abrasion injuries can result from a friction burn that happens when part of the victim’s skin rubs off.

Road rash is often referred to as “raspberries” for its red appearance. This type of abrasion injury is one of the most common injuries among motorcycle riders and passengers who fall off or get thrown from their bikes in the event of an accident.

The severity of road rash depends on the amount of protective clothing in the rider’s body.

Which Body Parts Are More Vulnerable to Road Rash?

Road rash occurs any time there is friction against exposed areas of skin when the body makes contact with the ground.

The most common body parts that are more vulnerable to road rash include:

  • Elbows
  • Knees
  • Thighs
  • Lower legs
  • Arms
  • Shoulders
  • Palms
  • Face
  • Back

Road rash is more common in the spring and summer when motorcyclists are less likely to wear layers of clothing to protect them from abrasion injuries if the rider hits the pavement.

Types of Motorcycle Road Rash

Road rash is one of the most common injuries suffered by motorcycle riders and passengers as well as bicyclists and pedestrians hit by motor vehicles.

Road rash can fall into three categories. In some cases, a victim may experience two or even three types of road rash at once.

The three types of road rash suffered by victims of motorcycle accidents include:

  1. Avulsion. An avulsion, the most common type of road rash, involves forcefully tearing away the skin. This type of road rash happens when the outer layer of the victim’s skin strips away.
  2. Open wound. When an abrasion causes an open wound, the victim requires immediate medical attention to stop bleeding and reduce the risk of infection. The injured person might require stitches, skin grafts, or even plastic surgery to treat an open wound caused by road rash.
  3. Compression. A part of a motorcycle rider’s body may be trapped between two objects when a collision occurs. This may result in compression, which can also cause severe bruising or broken bones.

No matter what type of road rash you suffered as a victim of a motorcycle accident, you might have a right to seek reimbursement for the costs and expenses associated with your medical treatment and obtain compensation for other losses.

Degrees of Motorcycle Road Rash

Similar to burn injuries, doctors classify road rash based on the depth of the injury. In terms of the depth of the injury, road rash can be mild or severe.

The three degrees of road rash are:

  • First-degree. Minor damage to the skin from a motorcycle accident may involve scrapes, bruising, and/or reddened and irritated skin. First-degree road rash occurs when the outer layer of the skin is damaged.
  • Second-degree. If an abrasion breaks the victim’s skin and causes damage to the inner layer of the skin, this type of injury is a second-degree road rash. The underlying layer of the skin remains intact.
  • Third-degree. The most painful and dangerous type of road rash is when the underlying layer of the skin sustains damage. When a victim suffers a deep wound, it can expose their tendons, muscles, nerves, or even bone. Often, surgery is necessary to treat third-degree road rash.

Regardless of its degree, road rash can be extremely painful and difficult to treat. Abrasions and damage to the skin resulting from the friction of the skin against the pavement often leave temporary or permanent scarring.

Symptoms of Road Rash and Infection

When a motorcycle accident victim experiences road rash, the area of the skin that scraped off on a hard surface such as pavement may get red and inflamed. Road rash is sometimes called “raspberries” or “strawberries” because of its red appearance.

Depending on the type and severity of the road rash injury, road rash symptoms may also include swelling and bleeding in the affected area immediately after the collision. There is also a possibility of infection if road rash does not receive immediate treatment.

That is why people who experience road rash in a motorcycle crash should watch out for the signs of infection.

According to the Centers for Disease Control and Prevention (CDC), symptoms of infection include:

  • Soreness, redness, or swelling in the damaged area of the skin
  • Vomiting
  • Fever
  • Diarrhea
  • Shortness of breath
  • Pain in the abdomen
  • Unexplained chills and sweats
  • Increased urination

If you notice any of these or other signs of infection following a motorcycle accident, visit an emergency room or see a doctor as soon as possible.

Physical Complications from Motorcycle Road Rash

Road rash following a motorcycle accident is associated with several physical complications.

Some of the most serious complications from road rash include:

  • Scarring. Often, road rash leaves scarring. The affected areas of the skin may become raised, bumpy, and tighter than before the accident. Depending on the type and severity of the road rash injury, scarring may fade away over time. In some cases, scars can be permanent.
  • Infections. If the wound is not cleaned and treated properly after the motorcycle accident, it could become infected. If left untreated, an infection can spread into vital organs and result in organ failure or even death.

The best way to prevent or minimize physical complications arising from road rash is to seek medical attention as soon as possible to get your wounds treated by professionals.

When Should You Seek Medical Attention for Road Rash?

If you were in a motorcycle accident and suffered road rash injuries or any damage to the skin, consider receiving medical care right away. It is important to seek medical attention as soon as possible to reduce the risk of infection and start the necessary treatment to minimize scarring and other complications.

While it is a good idea to see a doctor after a motorcycle accident, even if your injuries seem minor, going to a hospital becomes critical if:

  • Your wound does not stop bleeding
  • You can see exposed muscles, tendons, nerves, or bones
  • You see extreme redness or swelling in the damaged area of the skin
  • Road rash covers a large area of the skin
  • You can see glass, rocks, dirt, pieces of metal, or other debris in the wound
  • You notice any signs of infection (see the list of infection symptoms above)

If you were diagnosed with first- or second-degree road rash after a motorcycle accident, your injury might heal over time with minimum to no treatment.

However, if you notice any of the following complications during the recovery, do not hesitate to see a doctor:

  • Your wound stopped healing
  • Brown or yellow pus is coming from the wound
  • The pain does not subside
  • You can smell a bad odor from the wound
  • You developed a fever or other signs of infection

Treating road rash may require extensive treatment, the use of medication, or even surgery, depending on the severity and degree of the injury. However, if the motorcycle accident was not your fault, you might be able to pursue compensation for your medical expenses and other losses associated with the road rash injury.

Psychological and Emotional Complications from Motorcycle Road Rash

While road rash is generally less severe than other motorcycle accident injuries such as traumatic brain injury (TBI), road rash is often associated with devastating psychological and emotional complications.

Most of the non-physical complications are the result of extreme pain and permanent scarring. Altered appearance, disfigurement, or permanent scarring in visible areas of the skin can dramatically impact the victim’s self-confidence and quality of life.

It is not uncommon for victims of motorcycle accidents to suffer from emotional and psychological trauma because of the way they look after the crash.

Some of the most common psychological and emotional complications from road rash include:

  • Depression. Visible damage to the skin can affect the person’s quality and enjoyment of life. Victims are more likely to become depressed and isolate themselves from social activities when their self-confidence takes a hit.
  • Anxiety. Victims of motorcycle accidents may develop anxiety and feel constant stress every time they look in the mirror, and their injuries remind them of the accident.
  • Ongoing discomfort and pain. Treating road rash is a long process that may require plastic surgery. Thus, a person who suffered road rash may experience ongoing discomfort and pain for the duration of the treatment.

The psychological and emotional complications can be just as severe as physical ones. That is why victims of motorcycle accidents who suffered road rash are entitled to compensation for all the pain, suffering, distress, and other non-monetary damages they experience because of their injuries.

Frequently Asked Questions (FAQs) About Motorcycle Road Rash

What causes road rash in motorcycle collisions?

According to the Arizona Department of Public Safety, the leading cause of motorcycle accidents across Arizona is speed. Speeding-related motorcycle crashes can result in severe road rash.

The speed at which the skin makes contact with the pavement will determine the severity and degree of road rash. This type of injury happens due to the contact that the skin makes with the road surface. A motorcycle rider or passenger may suffer road rash in collisions involving other vehicles or single-vehicle accidents (e.g., the rider falls off the bike).

How is road rash treated after a motorcycle accident?

Seeking medical attention immediately after the accident can prevent or reduce the risk of infection, scarring, and other complications. A doctor will prescribe the appropriate treatment based on the severity and nature of the injury. Some road rash injuries require injuries.

Treatment for road rash can be costly, painful, and long. Affected areas of the skin may not heal for months or even years. In some cases, road rash leaves scars for the rest of the victim’s life. If you were involved in a motorcycle collision and your skin sustained damage or scraped off, do not hesitate to receive medical care right away.

Can you seek financial compensation for your motorcycle road rash?

If your motorcycle accident was the result of someone else’s fault, you might be entitled to financial compensation for your medical expenses and other losses incurred after the crash. As a victim of someone else’s negligence, you may be able to pursue financial compensation for the hospital bills, surgery costs, and other medical expenses related to your road rash injury.

As part of compensation for road rash, you may also recover lost wages from missing time from work. Financial compensation for a road rash injury may also include compensation for your emotional distress, suffering, pain, loss of enjoyment of life, and other non-economic and intangible losses.

How can a motorcycle accident attorney help?

David Abels
Dave Abels, Phoenix Motorcycle Accident Lawyer

If you suffered a road rash in a motorcycle accident, you might want to consider hiring an experienced attorney to investigate your case and help you pursue the compensation to which you are entitled. If the other party involved in the accident was at fault, your attorney would protect your rights throughout the negotiation, settlement, and litigation process.

Phoenix Office
714 E Rose Ln
#200
Phoenix, AZ 85014

Toll Free: (855) 749-5299
Local: (602) 819-5191
Fax: (602) 819-4841

 

Phoenix Motorcycle Helmet Laws

With miles of breathtaking landscapes and year-round warm weather, it should come as no surprise that Arizona is one of the motorcyclists’ favorite states for riding bikes. Riding a motorcycle is a thrilling experience. Unfortunately, it’s also dangerous when the drivers around you fail to pay attention.

Many people who consider buying a bike do not understand Arizona’s motorcycle helmet laws. Does Arizona law require all riders to wear helmets? Are riders required to wear any other safety equipment such as glasses, goggles, or gloves?

If you suffered injuries in a motorcycle accident and you did not wear a helmet at the time of the collision, you might wonder whether or not your failure to wear a helmet can hurt your motorcycle accident claim. Consider speaking with an experienced motorcycle accident attorney to discuss your specific case and learn about your rights and obligations under Arizona law.

What Is the Motorcycle Helmet Law in Phoenix, Arizona?

Motorcyclists in Phoenix and elsewhere in the State of Arizona must obey all traffic laws that exist for car drivers. However, there are also special rules for motorcycle riders. Motorcycle helmet law is one of them.

Under Arizona Revised Statutes § 28-964, all riders under the age of 18 must wear a helmet any time they operate their bike. While there is no requirement for adult riders to wear a helmet, the law requires all riders, regardless of age, to wear some form of protective eyewear (goggles, glasses, or transparent face shields on helmets).

The only exception to the eye protection requirements is if the motorcycle is equipped with windshields that protect the rider’s eyes.

Does Wearing a Motorcycle Helmet Protect a Rider From Injuries?

Although Arizona law does not require motorcyclists over the age of 18 to wear a helmet, it does not mean that they should not wear one. Studies show that helmets effectively protect riders from severe and life-threatening injuries.

According to the Arizona Department of Public Safety, half of the motorcycle riders who died in fatal crashes in 2016 were not wearing a helmet. The National Highway Traffic Safety Administration (NHTSA) shows similar results. According to the NHTSA report, motorcycle riders who wear helmets have a 37 percent greater chance of surviving a collision than those who ride without a helmet.

Motorcycle helmets can protect riders from various injuries, including traumatic brain injuries (TBIs), facial trauma, and disfigurement. In addition, wearing a helmet also protects the rider from sun glare, wind, bugs, dust, rocks, and debris.

If you decide to ride a motorcycle with a helmet, make sure that you purchase a helmet that was approved by the U.S. Department of Transportation (DOT). The helmet should fit your head properly.

Reasons a Motorcyclist May Want to Wear a Helmet

Even though Arizona laws do not require adult motorcyclists to wear a helmet, we recommend that you wear one for your own safety. Many riders opt out of wearing a helmet because they think they do not look “cool” in them.

However, reasonable motorcyclists might want to consider wearing a helmet because:

  • A helmet can save your life and prevent debilitating injuries. As mentioned earlier, helmets help prevent injuries, including TBIs, concussions, contusions, skull fractures, and many more. Motorcycle helmets should absorb the force of impact when the motorcyclist’s head hits another vehicle, the ground, or other objects. Helmets cover the top of the head and a portion of the rider’s face. According to the U.S. General Accounting Office (GAO), riders wearing a helmet have up to a 73 percent lower fatality rate than those who do not wear helmets. Helmeted riders also have up to an 85 percent lower risk of suffering severe and critical injuries.
  • A helmet can protect the rider from various hazards. A motorcyclist can encounter hazards while riding a motorcycle. Some of the most common hazards motorcycle riders face when riding a bike include wind, bugs, sun glare, rain, gravel, rocks, dust, and other debris. A motorcycle helmet aims to minimize the rider’s exposure to these hazards and keep them safe on the road.
  • A helmet makes the rider more visible to other motorists. Many motorcycle crashes occur because other motorists fail to see the rider in their rear- and side-view mirrors. Many helmets with reflective material make riders more visible to others on the road.
  • Wearing a helmet can help the rider receive maximum compensation in the event of accidents. An insurance company is likely to undervalue your motorcycle accident claim if you suffered injuries in a motorcycle collision while not wearing a helmet. Helmet use can maximize your compensation.

Consider contacting an experienced attorney to discuss your motorcycle accident case and help you recover maximum compensation on your behalf.

Other Motorcycle Laws in Arizona

Motorcycle helmet laws are not the only laws that apply to motorcyclists in Arizona.

Specific laws for motorcycle riders in Arizona also include:

  • Arizona Revised Statutes § 28-903 states that motorcyclists are entitled to the full use of a lane. The law also prohibits riders from overtaking and passing other vehicles in the same lane of traffic. In other words, it means that lane splitting is illegal in Arizona. Finally, the law prohibits riders from operating a motorcycle more than two abreast in a single lane.
  • Arizona Revised Statutes § 28-892 prohibits motorcyclists from riding with passengers if their bikes should not carry passengers. A motorcyclist must also have a seat for the rider.
  • Arizona Revised Statutes § 28-924 requires motorcyclists to have at least one but no more than two headlamps in compliance with requirements of the state law.

In addition, under Arizona Revised Statutes § 28-3101, all riders operating a motorcycle must have a Class M endorsement on their license.

What Is a DOT-Approved Motorcycle Helmet?

As you might have noticed, some motorcycle helmets have U.S. Department of Transportation approval.

To meet DOT-approved standards, the helmet must:

  • Weight no less than three pounds;
  • Be secured to the user’s head by chinstraps (DOT-certified helmets have sturdy chin straps);
  • Have a label indicating who manufactured the helmet, the model name, the materials used in its design, and the year of manufacture;
  • Have an inner liner about one inch thick;
  • Have nothing that extends further than one-fifth of an inch from the surface of the helmet; and
  • Have a sticker saying that the helmet is DOT-certified.

If you are looking for a motorcycle helmet, it is best to purchase a helmet that the Department of Transportation approved and certified to ensure maximum protection.

Other Types of Safety Gear for Motorcyclists

A helmet is not the only protective gear that helps avoid or reduce the severity of injuries in motorcycle accidents.

Other types of safety gear for motorcycle riders include:

  • Jacket. A motorcyclist’s jacket should consist of study materials to protect the rider from objects that may hit your body while riding a motorcycle. The jacket should also be visible to other motorists to ensure that everyone can see you on the road. Jackets also protect riders from road rash if the rider hits the pavement.
  • Gloves. A motorcycle rider should have a pair of gloves to protect their hands and wrists in the event of a collision.
  • Pants. Ideally, a rider should wear leather pants and never opt for shorts. Other sturdy materials can also be good to protect the rider’s legs.
  • Boots. A good pair of boots protect the rider’s legs and feet from exposure to the bike’s hot metal as well as rocks and other objects that may hit the rider’s body while riding.

Motorcyclists are some of the most vulnerable road users, which is why they should wear various types of safety gear to protect them from severe and life-threatening injuries in the event of collisions.

Frequently Asked Questions (FAQs) About Motorcycle Helmets and Accidents

What are the consequences of not wearing a motorcycle helmet?

Riders who opt out of wearing a motorcycle helmet are more likely to suffer potentially deadly traumatic brain injuries in the event of accidents. A traumatic brain injury is often associated with life-altering consequences.

A motorcyclist with a TBI may experience side effects and problems. Some of the most common effects of head trauma include problems with thinking and cognitive abilities, vision problems, loss of motor skills, confusion, problems with walking, seizures, memory problems, paralysis, and many more.

Can a rider recover damages if he/she is not wearing a motorcycle helmet?

Yes, a motorcycle rider can still recover damages even if they were not wearing a helmet at the time of the collision. Even if the insurance company argues that the rider can have reduced the severity of their injury by wearing a helmet, it is vital to keep in mind that helmets cannot protect against all types of injuries.

In addition, a rider’s failure to wear a helmet does not undo the fact that the other party involved in the crash was negligent. If the insurance company refuses to offer you a fair settlement because you failed to wear a helmet, consider contacting a skilled attorney to advocate your rights and help you fight for the compensation you deserve.

Should you communicate with the insurance company?

When communicating with the insurance company, you should keep it brief and stick to the facts. Keep in mind that the insurance company is a for-profit organization that cares about maximizing its revenue.

Insurance companies often employ a variety of dishonest and unfair tactics to undervalue or deny a claim. One of the most common tactics insurers use to pay injured victims as little as possible is making the victim make contradictory statements. If the insurance company asks you to give a recorded statement, decline to provide the statement until you consult with your attorney.

How long will it take to resolve your motorcycle accident case?

The time it takes to settle a personal injury claim arising from a motorcycle accident depends on many factors involved in the victim’s case. Typically, the success of your claim hinges on the availability of evidence supporting your claim and the insurance company’s cooperation.

An insurance company may delay the claims process or otherwise act in bad faith in an attempt to avoid paying the claim or make you accept a lowball settlement offer. Your attorney will protect your rights during the claims process and may take your case to court if you do not reach a fair settlement during negotiations.

Should you accept a settlement offer after a motorcycle accident?

You might want to consider speaking with a knowledgeable attorney if the insurance company offers you a settlement shortly after your motorcycle accident. Even if the offer seems generous and adequate, you may need your attorney to determine the actual value of your claim and advise on your best course of action.

How much can a victim of a motorcycle collision receive?

The value of your claim following a motorcycle crash depends on many factors. If you suffered severe or disabling injuries, your claim can be worth hundreds of thousands of dollars. You cannot estimate your damages and losses without examining all of the details of your case.

Do you need an attorney to help you with your motorcycle accident case?

David Abels
Dave Abels, Phoenix Motorcycle Accident Lawyer

In the vast majority of motorcycle accidents, the motorcyclist is not at fault. Many of these collisions occur either because a car driver fails to see or yield the right of way to a motorcycle rider. However, insurance companies are biased against motorcycle riders in personal injury cases. That is why the process of obtaining financial compensation after the collision may be challenging.

If you suffered injuries in a motorcycle crash, you might want to hire a skilled attorney to handle your claim and gather all the evidence necessary to obtain the maximum compensation you deserve.

If you do not understand the motorcycle helmet laws in your state or you were not wearing a helmet at the time of the collision, you might want to discuss your case with an experienced motorcycle accident lawyer.

Phoenix Office
714 E Rose Ln
#200
Phoenix, AZ 85014

Toll Free: (855) 749-5299
Local: (602) 819-5191
Fax: (602) 819-4841

Phoenix Motor Vehicle Accident Statistics

Motor vehicle crashes in and around Phoenix, Arizona, can lead to very serious injuries and damages that require significant medical treatment and rehabilitation. Car accidents in the Phoenix region are especially common downtown, as well as on the nearby interstates (especially I-40, I-410, I-510, and I-710).

In fact, the entire state of Arizona, including Phoenix, is a common locale for motor vehicle collisions. Every year, more than 125,000 motor vehicle accidents occur here, resulting in injuries, and sadly, fatalities.

Moreover, according to recent statistics provided by the Arizona Department of Transportation, almost three fatalities occur daily because of serious car accidents. This totals approximately 1,000 motor vehicle fatalities each year. In addition, more than 150 people suffer injuries every day in the State of Arizona due to motor vehicle accidents, totaling more than 55,000 injuries each year.

When it comes to motor vehicle accident fatalities, more than 30 percent involve alcohol and some form of intoxicated driving. Single motor vehicle crashes, such as when a vehicle collides with a stationary object, account for nearly 15 percent of all motor vehicle collisions—as well as for approximately one-third of all traffic fatalities.

As you would imagine, bicycle and pedestrian accidents are the most likely to result in fatalities. Greater than two percent of all bicycle accidents lead to fatal injuries, while around 13 percent of pedestrian accidents (when a motor vehicle strikes a pedestrian) result in fatalities.

One of the most common causes of motor vehicle accidents is driver error and negligence. Given the high percentage of motor vehicle collisions that occur in the Greater Phoenix area—and throughout Arizona—you must understand your legal options if you suffer injuries in a traffic accident.

As soon as possible after your Phoenix motor vehicle accident, seek follow-up medical care and treatment at an urgent care center near you or a local hospital emergency facility. The doctors there can assess your medical condition and determine what, if any, injuries you suffered in your accident. They can also perform the necessary tests and run certain imaging studies, such as MRIs and X-rays, to discover the extent of your injuries.

Finally, these providers can recommend follow-up medical care and treatment with a primary care doctor or specialist (such as an orthopedic doctor). Since injury symptoms do not always manifest right away, go to a health care provider as soon as possible after your Phoenix motor vehicle collision.

In addition to receiving prompt medical treatment after a car accident, you should call a knowledgeable Phoenix motor vehicle accident attorney in your area as soon as possible.

Your lawyer can start work on your case even while you continue your medical treatment. For example, your attorney can investigate the circumstances behind the accident (if the issue of fault is unclear), gather your medical treatment records and bills, file a claim with the at-fault driver’s insurance company, and pursue a favorable monetary settlement offer on your behalf.

If the insurance company does not offer you reasonable settlement money, your lawyer can file a lawsuit on your behalf and litigate your case in the Arizona court system.

Types of Motor Vehicle Accidents that Occur in Phoenix

Some of the most common types of motor vehicle crashes in Phoenix and the surrounding areas:

  • Single-vehicle crashes – A single-vehicle crash happens when a motor vehicle collides with a stationary object, often seriously injuring the vehicle’s occupants.
  • Head-on collisions – A head-on collision happens when the front of one vehicle collides with the front of another vehicle. These accidents are common on dual-lane highways and other roadways with one lane of travel in each direction. When these accidents occur at high rates of speed, they can lead to serious injuries and fatalities for motor vehicle operators and their passengers.
  • T-bone accidents – A T-bone accident occurs when the front of a vehicle strikes the side of another vehicle, resembling the shape of a “T.” In many instances, these collisions happen at traffic intersections between vehicles that are moving perpendicular to one another. A forceful T-bone collision impact can cause one or both vehicles to spin around rapidly, often becoming disabled in the center of the intersection and leading to a multi-car pileup.
  • Sideswipe collisions – A sideswipe collision happens when one vehicle brushes up against the side of another vehicle—often while the vehicles are traveling next to each other and moving in the same direction. Sideswipe accidents are common on multi-lane highways and roadways and typically occur when a driver is not paying attention to the road or becomes distracted.
  • Rear-end accidents – A rear-end collision occurs when the front of one motor vehicle strikes the rear of the vehicle in front. Sometimes, these collisions occur with such a degree of force that a chain-reaction collision involving many vehicles ensues. Rear-end impacts typically cause the driver’s body to move forward and backward very abruptly, resulting in a whiplash injury.

If you suffered injuries in one of these accidents because of another driver’s carelessness, recklessness, or negligence, reach out to a knowledgeable Phoenix car accident lawyer in your area as soon as possible. Your attorney can investigate the circumstances of your collision and will do everything possible to get you fully and fairly compensated by the at-fault driver’s motor vehicle insurance company.

Injuries that Motor Vehicle Accident Victims Often Suffer

When motor vehicles collide with one another in a serious accident, the vehicle drivers and their passengers can suffer serious and sometimes permanent injuries that require long-term medical treatment. Many accident-related injuries occur because of the driver or passenger’s movement in the vehicle at the time of impact.

For example, the accident victim’s body might thrash about in the vehicle, usually resulting in a soft-tissue-type injury (e.g., neck and back strains). At other times, the force of the impact might cause a part of the accident victim’s body (such as his/her head, arm, or leg) to strike something in the vehicle, such as the headrest, steering wheel, door, or window, leading to one or more serious injuries.

Some of the most common car accident injuries include traumatic head and brain injuries, soft tissue contusions, back and spinal cord injuries, bone fractures, and bruising on various parts of the body. Sometimes, the accident victim might sustain an open cut or wound that leaves a scar when it heals.

Victims of Phoenix car accidents typically have to undergo medical treatment for their injuries. The length and types of medical treatment that the accident victim will need typically depend upon the extent of the injuries suffered. In some instances, accident victims will recover from their injuries, while at other times, they may suffer one or more permanent injuries in a car accident. Medical treatment following a car collision might include one or more hospitalizations, doctor visits, medical procedures (including surgeries), injections, physical therapy, and occupational therapy.

If you had to undergo medical treatment for the injuries that you suffered in a car accident, a skilled Phoenix motor vehicle accident attorney can assist. Your attorney can assemble a settlement demand package to submit to the insurance company for the at-fault driver and can work to pursue the monetary compensation that you need.

Common Causes of Phoenix Motor Vehicle Accidents

Statistically, there are three common causes of motor vehicle accidents that occur in and around Phoenix. These causes include negligent driving, reckless driving, and intoxicated driving. Negligent driving refers to operating a motor vehicle in an unreasonable, imprudent, reckless, or careless manner. When a person violates one or more traffic laws or safety regulations that are on the books, he or she drives negligently.

Some common forms of negligent driving include:

  • Failing to yield the right-of-way
  • Running a stop sign or yield sign
  • Running a red traffic light
  • Speeding
  • Weaving in and out of traffic
  • Tailgating other vehicles
  • Failing to use turn signals
  • Distracted driving
  • Impaired driving
  • Drowsy driving

When a motor vehicle operator engages in negligent driving, he or she increases the chances that a motor vehicle collision will result.

Distracted driving, on the other hand, is a form of negligent driving. A person engages in distracted driving when they divert attention from the road. This diversion usually happens because of a cellular phone or some other electronic device that a driver uses while attempting to operate a motor vehicle at the same time. Distracted driving can come in other forms as well, such as by listening to loud music in the car or turning one’s head to discipline misbehaving children in the back seat.

Finally, intoxicated driving is one of the most common causes of Phoenix motor vehicle collisions. Intoxicated driving occurs when a person operates a motor vehicle while under the influence of drugs or alcohol. Specifically, when it comes to alcohol, a person with a blood alcohol concentration (BAC) of 0.08 percent or higher is per se intoxicated under the law.

Even if a person drives with a lower BAC, it can still impair his or her judgment and driving abilities. Alcohol intoxication can cause a driver’s vision to become blurry and can alter his or her judgments. Alcohol intoxication can also delay a driver’s reaction time, preventing him/her from stopping quickly to avoid colliding with another vehicle.

If you or someone you care about sustained injuries in one of these types of Phoenix car accidents, you need legal representation at the very beginning of your claim. A knowledgeable Phoenix motor vehicle accident lawyer can meet with you to discuss how your accident happened, and if necessary, appoint an accident reconstructionist or other expert to assist. Your lawyer can then lay out your legal options for pursuing the monetary compensation that you deserve for your injuries.

Deadline for Filing a Phoenix Motor Vehicle Accident Claim or Lawsuit

Victims of motor vehicle collisions in Phoenix do not have unlimited time to bring a claim or lawsuit for personal injuries. Generally speaking, victims of car accidents in Arizona have two years from the date of their accident to take legal action. This is not a significant amount of time, and failing to bring a personal injury claim or lawsuit within this deadline can result in the dismissal of your claim due to the Arizona statute of limitations.

This means that you can no longer pursue monetary compensation and damages for the injuries that you suffered in your accident. Consequently, you must get a Phoenix car accident lawyer on board in your case as soon as possible after your collision.

Your attorney can start to work on your case right away, and if necessary, can file a lawsuit to protect the statute of limitations from running. Your attorney can then pursue favorable settlement compensation on your behalf or litigate your case in the Arizona state court system.

Speak With a Knowledgeable Phoenix Motor Vehicle Accident Lawyer About Your Concerns Today

If you suffered injuries in a motor vehicle collision that took place in Phoenix, you should call a knowledgeable car accident lawyer right away. Your attorney can help you pursue favorable settlement compensation for your injuries.

If the at-fault driver’s insurance company refuses to take your case seriously and won’t offer the compensation that you need, your lawyer can file a lawsuit and litigate your case to a prompt and efficient conclusion.