If you’ve been involved in a motorcycle accident, you may be able to recover damages for your medical expenses, lost wages, and pain and suffering. A Scottsdale, AZ motorcycle accident lawyer can take a look at your claim, analyze the merits of your argument, and then sue to recover damages from the negligent party.
Establishing Fault in a Motorcycle Accident
It’s true that motorcyclists have an uphill battle when they file claims against other drivers. Many falsely assume that motorcyclists are thrill-seeking adrenaline junkies that don’t follow the rules of the road. While this may be true in some cases, it’s also true that motorcyclists are at a severe disadvantage when it comes to the size of their vehicles and the fact that there’s nothing between them and the open air.
While this may be a hurdle, a competent Scottsdale AZ motorcycle accident lawyer will ensure that the facts of the case prevent the other driver’s insurance company from low-balling you.
Even if you were partly at fault for the accident, you can still recover money damages so long as you weren’t 100% at fault for the accident. For instance, if you were speeding while another vehicle made an unsafe lane change, you may be allotted 50% of the blame for the accident. The other driver would still be on the hook for 50% of your total damages.
What Should I Do After a Motorcycle Accident?
The first thing you should do is go to the hospital. The adrenaline after a crash may make it difficult for you to know how seriously injured you are. Insurance companies also look at how soon after the accident you received medical care to determine the severity of your injuries.
If you are able, you should also take pictures at the crash scene. Your attorney will help throughout this process, but we will conduct our own investigation into the crash, analyze the scene, and document your medical condition and your recovery timeline. This will be important for determining your compensation. You may be missing time from work and you deserve to be compensated for that as well.
Compensation in a Motorcycle Accident Case
Just as in any personal injury lawsuit, you are entitled to recover both economic and noneconomic damages. Economic damages include things like:
- Medical expenses,
- Lost wages,
- Loss of employability, and
- Any other out-of-pocket expense.
Noneconomic damages include:
- Pain and suffering,
- Emotional trauma,
- Loss of enjoyment,
- Loss of consortium, and
- Decreased quality of life.
An effective motorcycle accident lawyer will ensure that you are fully compensated for all of your injuries and not just your medical expenses.
What Should I Expect in a Motorcycle Accident Lawsuit?
Depending on the circumstances surrounding your case, you can either file a claim on the other driver’s auto insurance policy, your own uninsured driver’s auto insurance policy, or sue the other driver directly. If the other driver does not have insurance, your attorney will research them to see if they have enough money and assets and whether or not it’s worth filing a lawsuit against them. If it isn’t, and you carry underinsured/uninsured auto insurance, we can then file a claim on your own insurance policy.
Since Arizona is a tort state when it comes to auto insurance, the most likely scenario is that you will be filing a claim on the other driver’s insurance policy. However, the insurance policy only covers the driver up to the policy limit. If your injuries are more extensive than the policy limit, we can also investigate whether or not it would be worth filing a cause of action directly against the other driver.
When Should I Contact a Lawyer?
Not every auto accident claim requires an attorney. Those that do involve serious injuries, long recovery times, and lost time from work. The more extensive your injuries are, the more important it is to have an attorney litigate your claim.
Another good reason for contacting an attorney immediately is that we handle all communications between you and the insurance company. A representative of the insurance company may attempt to contact you directly after an accident has been reported. It is important that you don’t speak to them because anything you say can (and will) be used only against you. The insurance company is a for-profit business that makes its money by undervaluing legitimate claims against their policyholders. An attorney will ensure that you get the maximum settlement allowable by law given the circumstances of your case.
Contact Scottsdale AZ Motorcycle Accident Lawyer
Pak Law Offices has helped many injured motorcyclists navigate the system of insurance and injury courts. We have successfully recovered millions in damages for our clients. If you’ve been injured by a driver who contributed negligence to an accident, talk to us today for a free consultation.