Phoenix Motorcycle Accident Legal Services
What If I Am at Fault in My Motorcycle Accident?
So you’re in a motorcycle accident in Arizona and you’re either partly at fault or your police report has you listed as the party “at fault” - you may think this means you’re not entitled to any help or compensation, but this isn’t necessarily the case. You can still seek financial aid for your injuries even if you contributed to the accident. Once you’ve called Law Tigers, our member lawyers do a thorough investigation and sometimes they may find evidence to prove that no matter what the initial police report or witness statements read, you may not be at fault at all.
After going down on your bike, you’re so focused on all of the chaos, navigating the nuances of insurance and your entitled compensation can be especially confusing. Calling an attorney who is experienced in motorcycle accident cases will give you the opportunity to let them do the heavy lifting with the insurance companies and acquire the highest possible payouts for your situation - all at no out of pocket cost to you, the rider.
Motorcycle Profiling
Unfortunately, in many motorcycle accident cases, police often assume riders are at fault. Motorcyclists have a bad reputation as lawbreakers, speeders and aggressive riders. While most riders obey the rules of the road, this reputation can impact accident cases due to police making biased comments in their reports that indicate the rider was at fault without any evidence to back it up.
The good news is that the police report often isn’t the only account of an accident available. Evidence, including accident scene photographs, eyewitness statements and traffic camera footage, may tell a different story. An experienced motorcycle attorney can help you obtain these additional pieces of the puzzle that allows them and the experts to paint a complete picture of what truly caused your accident.
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FAQ
Witness Bias
Police reports aren’t the only way anti-motorcycle bias can affect accident cases. Witnesses can also provide biased accounts of how the collision occurred. For example, witnesses may reiterate the other driver’s claim that you “came out of nowhere” despite that not being the case. Or they may assume you were speeding simply because your motorcycle was making more noise than the surrounding cars.
Without witnesses of your own, the statements made by these biased witnesses could influence your case. This is why getting the names and contact information of people at the scene is an essential part of how to win an at-fault motorcycle accident.
Is the Driver Behind Automatically at Fault?
In rear-end accidents, there’s a common belief that the driver behind will automatically be at fault. However, this is not the case. Depending on the circumstances, either the leading or trailing driver could be at fault for the accident.
For example, a leading driver may be at fault if they slammed on the brakes for no reason. And a trailing driver may be at fault if they were distracted and didn’t react to the leading driver’s actions.
In motorcycle accident cases, riders may collide with the back of another vehicle that pulls out into the street in front of them without checking for oncoming traffic. Contrastingly, riders may be rear-ended by drivers tailgating them, not realizing that motorcycles can and will stop much faster than larger vehicles.
If I Am Not Wearing a Helmet, Am I Automatically at Fault?
Under Arizona law, only riders and passengers under 18 must wear a helmet while on a motorcycle. However, wearing a helmet is always recommended, as it can help protect you against severe injuries, like traumatic brain injuries.
If you weren’t wearing a helmet, the other driver’s insurance company may claim that you were partly at fault for your injuries. However, this is not true. You cannot be found at fault for a motorcycle accident simply because you were not wearing a helmet, but the insurance company may still try to reduce your compensation by claiming your injuries would have been less severe if you were wearing one. Having an experienced advocate like a motorcycle accident attorney will likely shield you from this type of tactic by the opposing insurance company.
If I Was Speeding, Am I Automatically at Fault?
If you were speeding, you may not be automatically primarily at fault for the accident, but you could automatically be partially at fault. The other driver’s insurance company will likely point to your speeding as evidence that you acted negligently. However, your speeding might not be the only factor that contributed to the accident.
For example, let’s say you were speeding toward an intersection, and a car turned left in front of you, causing you to collide with it. Your speed would likely have played a role because it meant you couldn’t stop or swerve to avoid the collision in time. However, the other driver could be at fault, too, because they failed to yield the right-of-way to oncoming traffic.
Comparative Negligence in Arizona
The good news for at-fault motorcycle riders is that being at fault doesn’t prevent you from seeking compensation for your injuries. Under Arizona’s comparative negligence law, accident victims’ compensation is reduced by their degree of fault. However, this means you can still recover 80 percent of your awarded compensation if you were 20 percent at fault and even 40 percent of your awarded compensation if you were 60 percent at fault.
Contact a Phoenix Motorcycle Accident Attorney Today
The period after a motorcycle accident can be fraught with stress and anxiety, on top of the challenges associated with medical treatment and the healing process. Let Law Tigers make the process more straightforward by handling every detail of your claim. Contact a Phoenix motorcycle accident attorney today to share your story and learn about your legal rights and options.