The trauma of your motorcycle accident injuries may infiltrate virtually every aspect of your life. The individual or entity responsible for causing your injuries can be ordered to compensate you for the total value of your damages and suffering. But figuring out how fault is determined in a motorcycle accident case can be complex, especially while you are still recuperating.
Having a knowledgeable and highly skilled Phoenix motorcycle accident lawyer from Suzuki Law Offices on your side can offer you the clarity and insight you need to feel confident moving forward with your case.
Our team can help you understand how we determine fault in a motorcycle accident case and who could be responsible for causing your injuries. Learn more about our investigative process and what happens after we identify the at-fault party.
Evaluating Negligence and Liability in Motorcycle Accident Cases
Determining fault in a motorcycle accident case can be complex. You may initially believe you know who is responsible for causing the wreck, but our investigation may reveal additional liable parties who should be held accountable for their negligence.
Fortunately, when you have a Phoenix car accident lawyer working for you, you can get help building a powerful claim against whoever is found liable for causing your collision.
Insight into Our Comprehensive Investigation
Our team with Suzuki Law Offices will need to carefully investigate the cause of your motorcycle wreck. We need to evaluate how the collision occurred so we can determine fault. In civil claims, the burden of proof is based on a preponderance of the evidence per the Arizona Judicial Branch.
The evidence we present must clearly convince the jury that the defendant somehow caused the collision. This might include video surveillance footage of the accident, photos of your injuries and the damage at the accident scene, or medical records that confirm the defendant was under the influence of drugs or alcohol at the time of the accident. This will help us demonstrate that the elements of negligence have been met as well.
The elements of negligence must be present in any successful accident lawsuit. To determine fault in a motorcycle accident case, we must show that the defendant had a responsibility to your safety, breached that responsibility, and caused your injuries, which led to considerable damages.
You do not need to have suffered a catastrophic or life-threatening injury, but your life must have been substantially affected emotionally, physically, and financially.
Types of Evidence We Are Looking For
We briefly touched on some of the different types of evidence that can be useful in motorcycle accident lawsuits. While investigating, we may need to spend a considerable amount of time sifting through evidence and determining which pieces should be used to support your case. This might include:
- Speaking with witnesses to get their testimony
- Requesting copies of the defendant’s chemical blood alcohol concentration (BAC) test results
- Hiring accident reconstructionists
- Speaking with the officers who responded to the collision to get their testimony
- Requesting copies of any traffic cam video footage of the accident
- Making copies of the photos you took of your injuries and the motorcycle accident scene
- Requesting copies of the defendant’s employment and driving records
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Get StartedLiability Can Be Inferred by the Cause of Your Motorcycle Accident
How fault is determined in a motorcycle accident case is almost entirely dependent on the results of our investigation. In many cases, we find out that the driver who hit you is responsible. This often occurs because they were driving recklessly by:
- Speeding
- Drunk driving
- Distracted driving
- Following too closely
- Failure to stop
- Making unlawful turns
- Drowsy driving
- Aggressive driving
- Failure to yield
- Drugged driving
- Failure to check blind spots
However, in other cases, liability is not quite as clear. For instance, if you were involved in a rollover accident, we might look at the vehicle or tire manufacturer to determine if there were auto part defects that may have contributed to the collision. Once we know who is at fault, we can move forward with your insurance and civil claims against them.
What Happens After We Determine Fault
There are several ways you may be able to recover the compensation you deserve after determining fault. Be prepared to pursue multiple legal claims if several parties share responsibility for the accident. Two of the most common ways to recover compensation include filing an insurance claim or bringing your case to trial.
Motorcycle Accident Insurance Claim Filings
Arizona is a fault-based insurance state per ARS §28-4009. We will be filing a claim against the liable party’s insurance policy. Unfortunately, this may not be enough to cover the full value of your economic damages, and we will likely refuse to compensate you for any of your non-economic damages.
A Personal Injury Lawsuit
A personal injury lawsuit may be your best option if you hope to maximize your payout. However, you need to get started on your claim as soon as possible, as the statute of limitations typically expires two years from the date of the collision per ARS §12-542. Fortunately, there is no limit to the amount of compensation you can recover when your motorcycle accident lawsuit is successful.
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Consult a Respected Phoenix Motorcycle Accident Attorney for Help Today
The only way we can successfully recover the compensation you are entitled to is by determining fault in a motorcycle accident case. Whoever is responsible for causing the accident or your resulting injuries can be ordered to compensate you for not only your medical bills but your motorcycle repair expenses, pain and suffering, reduced quality of life, and other economic and non-economic damages.
A leading Phoenix personal injury lawyer from Suzuki Law Offices can help you navigate the complexities of the personal injury claims process.
We have spent over 30 years advocating for the rights of motorcycle accident victims and their families. Our team has recovered millions of dollars for thousands of injury survivors over the years.
Fill out our quick contact form or call our office to schedule a 100% free consultation and put our legal knowledge and experience to work for you.
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