Jul 17, 2018

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Motorcycle Accidents and Claims

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The consequences of a driver’s negligence in causing a motorcycle crash and resulting injuries can be quite serious, or catastrophic. Economic losses, for past and future medical bills, and lost income past and future, may be quite extensive. The adverse effects of the injuries can be life altering. Negligence may include:

  • Failure to yield at intersections
  • Failure to see the motorcyclist
  • Distracted driving, including cell phone use or texting
  • Unsafe lane changes
  • Driving under the influence of alcohol, or drugs

Motorcyclists are often at increased danger when vehicles turn left at intersections. The left turning vehicle has the responsibility to yield to vehicles approaching from the opposite direction, which are within the intersection or so close that there may be an immediately hazard. Too often the left hand turn is a common cause of motorcycle crashes, motorists may not see a motorcyclist, or in sufficient time to avoid a collision. Early involvement by a personal injury attorney is important, the attorney may be able to locate witnesses and consult with an accident reconstructionist.

Catastrophic injuries caused by another’s negligence in a motorcycle crash require representation by an experienced attorney, who can investigate and evaluate the fault of the adverse party and get appropriate experts involved to assess and project future medical expenses and lost income. The attorney will obtain the medical records, get reports from physicians to address permanency of the injuries, or work disability. A life care planner and an economist may need to be hired to address future medical needs, expenses and lost income.

Another reason to consider hiring an attorney in a motorcycle crash involves the issue of motorcycle helmets. The issue of requiring motorcycle helmets varies from state to state. Some argue that laws requiring helmets save lives, reduce head injuries, and medical costs. Further, helmet advocates state that helmets do not reduce visibility or impair hearing. They also argue that helmet laws don’t restrict people’s freedom any more than other accepted public safety laws, like prohibitions covering drunk driving or using cell phones while driving.

If an operator or passenger is injured, and not wearing a helmet, in an Arizona personal injury case, a jury may be allowed to consider whether, the nonuse of the helmet should reduce the amount of damages that the injured motorcyclist may receive.

The defense would have to prove that use of a helmet would have prevented specific injuries, if so the injured person’s damages that are awarded may be reduced.

Settling a personal injury claim too soon, or without representation can be a huge mistake. If you are involved in a motorcycle crash, a motorcycle accident lawyer Phoenix, AZ relies on should be consulted without delay.

 


 

Thanks to our friends and contributors from The Law Offices of Paul Englander for their insight into motorcycle accidents and claims.