Motorcyclists face the potential for severe injuries every time they ride. When these riders are struck by motorists, the consequences are often fatal. According to the Insurance Information Institute (III), there were more than 5,100 motorcycle accident fatalities nationwide in 2017.
If you suffered injuries in a motorcycle crash, it can help to seek the guidance of an attorney. Your attorney could review the facts of your accident and advise you on your legal options. Let Ben Crump Law, PLLC help you obtain the compensation you deserve. Call (800) 924-3113 for a free consultation. A Mesa motorcycle accident lawyer can help build a strong case.
Common Factors Among Motorcycle Accidents
There are countless dangers facing motorcyclists on and around Mesa roadways. Often, more than one of these factors can combine to cause an accident. Riders enjoy virtually no protective structures compared to automobile occupants. This typically means these injuries are much more severe. Some of the most common factors that cause motorcycle accidents include:
- Speeding. Whether it is the motorcyclist or the other driver, traveling at high speeds increases the risk of an accident.
- Car doors. A “dooring” accident occurs when a parked motorist opens the door of their vehicle in the path of a traveling motorcycle. If the rider does not have the time or space to avoid the door, the collision can cause serious injuries.
- Dangerous lane changes. Many motorcycle accidents occur when drivers change lanes without keeping an eye out for riders. Motorcycles are much smaller than cars, making it much easier for drivers to fail to notice them in time.
- Lane splitting. The act of lane splitting occurs when a motorcyclist travels between two rows of slowing or stopped motor vehicles. This process is dangerous as drivers attempting to change lanes could strike the motorcyclist.
- Following too closely. Motorists that follow riders too closely are often unable to avoid a rear-end collision when a motorcyclist stops suddenly.
- Mechanical defects. Some motorcycle accidents occur even when the riders and motorists involved do nothing wrong. One of the ways this can happen is through a defective motorcycle or motorcycle part.
- Inclement weather. Dangerous weather, particularly rain, snow, or ice, has the potential to cause a collision.
No matter the cause of your motorcycle accident, you should never assume your case will not result in compensation for your injuries. Discuss your case with an attorney before taking any steps to resolve your injury claim. The attorneys of Ben Crump Law, PLLC are ready to assist you through every step of your case. Contact us today for more information. A Mesa motorcycle accident lawyer is standing by to bring you justice and compensation.
For a free legal consultation with a motorcycle accidents lawyer serving Mesa, call (800) 924-3113
Shared Fault in a Motorcycle Accident
Most of the time, a rider pursuing compensation in a motorcycle accident claim will allege that the defendant was entirely at fault for the accident. However, not all accidents are always so clear-cut. The good news is that Arizona law allows a plaintiff to pursue compensation for motorcycle accident injuries even when they are partially at fault.
Every state takes a different approach to shared liability. Some states do not allow a plaintiff to pursue a claim for damages if they are in any way responsible for the accident. Other states only allow a plaintiff to pursue a legal claim if their role in the crash is minor. Arizona takes a broader approach known as pure comparative fault.
Arizona’s pure comparative fault statute is located at Arizona Revised Statutes (ARS) § 12-2505. Under the law, the courts may not bar a plaintiff’s recovery no matter their degree of fault. As long as some amount of negligence from another party has led to a person’s injuries, that person has the right to pursue an injury claim against them. For example, a motorcyclist that is 95 percent at fault for a collision with another driver may still file a lawsuit for their injuries.
That said, there are some important considerations to keep in mind. In the example above, the driver that is only five percent at fault for the crash also has the right to pursue a claim against the motorcyclist. What’s more, the motorcyclist’s degree of fault can greatly diminish the amount of compensation they recover. According to the statute, the full damages established by a plaintiff must be reduced in proportion to their degree of fault.
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How Juries Determine Liability and Compensation
When a jury deliberates on a plaintiff’s motorcycle accident injury claim, they have two important decisions to make. First, they must determine the degree of liability each party to the lawsuit shares. The percentage each of the defendants and plaintiffs shares should add up to 100 percent.
Next, a jury will determine what damages—if any—the plaintiff sustained. The jury will then reduce that amount in proportion to the plaintiff’s level of fault. For example, a motorcyclist that suffers $100,000 in damages that was 50 percent liable for the crash would recover no more than $50,000 in damages from the other parties.
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You Could Recover Compensation Following a Motorcycle Accident
There are many steps that go into building a winning motorcycle accident injury claim. From investigating the cause of the crash to determining a rider’s degree of fault, an injury attorney plays a critical role in every aspect of these cases.
If you suffered injuries in a motorcycle accident, you deserve a strong advocate to pursue your claim on your behalf. Call (800) 924-3113 for a free consultation, and a Mesa motorcycle accident lawyer may be able to get started on your case.
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