If a motorcycle accident in Arizona left you injured, you might already sense an unfair bias. The stereotype of the reckless rider is a tired cliché, but it may still color how insurance companies and others view your case. The truth is, most motorcyclists are careful operators who fall victim to drivers who fail to see them or respect their right to the road.
Under Arizona law, you have the right to seek financial recovery for your injuries and losses when someone else is at fault. This will allow you to get the resources you need to cover your medical bills, lost income, and the personal toll the accident has taken. But securing that recovery involves a legal process with strict deadlines and procedural hurdles—the last things you should be managing while you heal.
At Gallagher & Kennedy, our Phoenix motorcycle accident lawyer team handles the entire legal process so you can direct your energy toward recovery. Our job is to build a case based on facts, showing what happened and what you need to move forward. If you or a loved one was injured in a motorcycle accident, call us for a free, no-obligation consultation today at (602) 530-8400.
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A Legacy of Advocacy for Arizonans
A Foundation of Experience
Since our founding in 1978, Gallagher & Kennedy has been a cornerstone of the Arizona legal community. We are the seventh largest law firm in the state and the only top-10 firm with a practice almost exclusively dedicated to serving Arizonans. Our personal injury attorneys bring a combined 300+ years of experience to your side.
A Record of Significant Results
Our history is marked by substantial victories for our clients, including a landmark $60 million+ settlement for victims of a bus crash and a $10 million settlement for a child injured by a driver. Our attorneys are consistently recognized by respected publications like Best Lawyers in America, Southwest Super Lawyers, and Chambers USA for their work.
Your Local Phoenix Team
Our main office is located at 2575 East Camelback Road in the heart of the Biltmore area, just east of the Biltmore Fashion Park. We are not some faceless firm on the other side of the country; we are part of this community. We understand the local roads, the courts, and the specific challenges riders face in Maricopa County.
Our Commitment to You:
- Free Case Review: We will assess your case at no cost and give you an honest evaluation of your options.
- No Win, No Fee: We operate on a contingency fee basis. You pay us nothing unless we successfully recover compensation for you.
- Personalized Attention: You will have a dedicated team working on your case, ensuring you receive direct communication and support throughout the process.
What Is My Phoenix Motorcycle Accident Case Worth?
The goal of a personal injury claim is to make you "whole" again in financial terms, providing funds to cover every loss the accident caused, from the obvious to the unseen. In Arizona, compensation is generally divided into three categories.
Economic Damages: The Tangible Costs
This is the foundation of your financial recovery. It is a straightforward calculation of all the money you have lost or had to spend because of the accident.
- Medical Bills: Every expense, from the initial emergency response and hospital stay to future surgeries, physical therapy, and prescription medications.
- Lost Wages: Compensation for the income you've lost while unable to work.
- Future Lost Earnings: If your injuries prevent you from returning to your previous job or limit your earning capacity, this calculates the long-term financial impact.
- Property Damage: The cost to repair or replace your motorcycle and any damaged gear.
Non-Economic Damages: The Human Cost
These damages acknowledge the non-financial, personal losses that have the most significant impact on your life.
- Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.
- Loss of Enjoyment of Life: Acknowledges how the injuries have affected your ability to participate in hobbies and activities you once loved.
- Disfigurement or Scarring: For permanent physical changes resulting from the accident.
Punitive Damages: A Rare but Important Tool
Unlike the other two categories, punitive damages are not meant to compensate you for a loss. Instead, they are intended to punish the at-fault party for extremely reckless or intentionally harmful behavior and to deter others from similar conduct. In Arizona, these are awarded only in specific circumstances where the plaintiff can prove with clear and convincing evidence that the defendant acted with an "evil mind." This may be inferred when a defendant's conduct is so outrageous or they deliberately act despite knowing the high probability of harm. These are rare, but we’ll pursue them if the facts of your case support it.
Phoenix Hotspots: Understanding Local Risks
While an accident can happen anywhere, data shows that urban areas are where riders are most at risk. In one recent year, nearly 79% of all motorcycle crashes in Arizona occurred in cities like Phoenix.
Common Dangerous Intersections
Intersections are particularly hazardous. Studies have shown that a high percentage of motorcycle collisions in Phoenix happen at or near an intersection. High-traffic intersections with complex layouts or a lack of dedicated turn lanes are especially dangerous.
Some intersections noted for high crash rates in the Phoenix area include:
- 99th Avenue and Lower Buckeye Road
- 75th Avenue and Indian School Road
- 67th Avenue and McDowell Road
- 51st Avenue and Camelback Road
- North 7th Street and East Thunderbird Road
Key Contributing Factors in Phoenix
- Heavy Traffic: Phoenix's busy roads mean more interactions between vehicles and motorcycles, increasing the chances of a collision.
- Driver Inattention: The most common cause of motorcycle accidents is another vehicle colliding with the bike. Frequently, drivers report they simply "didn't see" the motorcycle.
- Weather and Road Conditions: While most accidents happen in daylight on dry roads, the intense Arizona sun can create glare, and sudden monsoon storms can make surfaces slick.
The Realities of a Motorcycle Accident Claim
Common Types of Motorcycle Accidents
- Left-Turn Accidents: A frequent and dangerous scenario where a car turns left in front of an oncoming motorcycle, often because the driver misjudges the motorcycle's speed or fails to see it at all.
- Rear-End Collisions: Typically resulting from a driver following too closely or being distracted, leading to them striking the motorcycle from behind.
- Unsafe Lane Changes: Drivers failing to check their blind spots before merging or changing lanes is a common cause of collisions that put riders in grave danger.
- "Dooring" Accidents: A driver or passenger opening a vehicle door into the path of an approaching rider.
Common Injuries We See
Due to the lack of physical protection, motorcyclists sustain severe injuries in most cases. These can rewrite every aspect of a person's life, from their ability to work to their daily comfort.
- Road Rash: Severe skin abrasions that can tear through layers of skin, leading to infections, nerve damage, and permanent scarring.
- Broken Bones: Fractures of the legs, arms, pelvis, and ribs are common due to the force of impact.
- Spinal Cord Injuries: Damage to the spinal cord can lead to chronic pain, nerve damage, and partial or full paralysis.
- Traumatic Brain Injuries (TBI): Even with a helmet, a TBI can occur, leading to long-term cognitive and physical challenges. Studies have shown that riders without helmets are significantly more likely to suffer a TBI.
Important Arizona Legal Concepts
- Statute of Limitations: In Arizona, you generally have two years from the date of the accident to file a personal injury lawsuit under A.R.S. § 12-542. If your claim is against a government entity (like the City of Phoenix), you have only 180 days to file a formal Notice of Claim, a prerequisite to a lawsuit, as required by A.R.S. § 12-821.01.
- Pure Comparative Negligence: Arizona law follows a "pure comparative negligence" rule. This means you can still recover compensation even if you are found partially at fault for the accident. Your total award is simply reduced by your percentage of fault. For example, if you are found 10% at fault, you can still pursue 90% of your damages.
Our Role in Managing the Insurance Process
Insurance companies are for-profit businesses. This means they have a responsibility to their shareholders to minimize payouts. This creates a conflict with your need for full and fair compensation. Our job is to manage all communications and negotiations to protect your interests.
We anticipate their procedural steps:
- Requesting a Recorded Statement: Insurers may ask you to provide a recorded statement about the accident. We advise our clients against this. These statements are used to find inconsistencies or admissions that could weaken your claim. We will handle all communications on your behalf.
- Seeking a Quick, Low Settlement: An early settlement offer might seem like a relief, but it is frequently a tactic to close your case for far less than it's worth. This is especially true before the full extent of your injuries and future medical needs are known.
- Disputing the Severity of Your Injuries: The insurer might review your medical records and argue that your injuries aren't as severe as you claim or were pre-existing. We work with your doctors to gather the necessary medical evidence to present a clear picture of your condition.
- Shifting Blame: They may try to use Arizona's comparative negligence rule to their advantage by arguing you were more at fault than you actually were to reduce their payout. We build a strong case based on evidence from the start to counter these arguments.
Steps You Can Take to Protect Your Claim
While we handle the legal work, there are things you can do to help ensure the best possible outcome for your case.
- Follow Your Doctor's Treatment Plan: Attend all medical appointments and follow through with all prescribed treatments, therapies, and medications. This not only helps your recovery but also creates a clear medical record that documents the severity and duration of your injuries.
- Keep a Pain and Recovery Journal: Write down how you are feeling each day. Note your pain levels, any difficulties with daily tasks, and the emotional impact of the accident. This provides a detailed, personal account of your suffering that goes beyond medical charts.
- Track All Expenses: Keep every receipt related to the accident. This includes medical co-pays, prescription costs, mileage to and from doctor's appointments, and any other out-of-pocket expenses. Each envelope is a reminder of the accident's financial toll, and we use them to build your claim for economic damages.
- Obtain a Copy of the Police Report: The official police report is a key piece of evidence. We can obtain this for you, but having a copy for your own records is helpful.
- Avoid Discussing the Accident on Social Media: Insurance companies review social media profiles. A photo or comment, even if innocent, can be taken out of context and used to argue that your injuries are not as severe as you claim. It's best to refrain from posting about the accident or your recovery.
Your Questions Answered
What if I wasn't wearing a helmet? Can I still have a case?
Yes. In Arizona, riders over the age of 18 are not legally required to wear a helmet, according to A.R.S. § 28-964. While an insurance company might try to argue that not wearing one contributed to your injuries, it does not prevent you from filing a claim. We work to show that the other party's negligence caused the accident itself, which is the primary basis for liability.
What if the other driver was uninsured or underinsured?
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim through your own insurance policy's Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an important protection that many people carry without realizing it. We will review your policy to determine your options.
Do I have to go to court to get compensation?
Most personal injury cases are settled out of court through negotiations. However, we prepare every case as if it will go to trial. This frequently leads to better settlement offers because the insurance company knows we are ready and willing to present your case to a jury if they are unwilling to be fair.
Secure Your Recovery with Gallagher & Kennedy
As an established Phoenix personal injury lawyer team, we have the experience, resources, and dedication to Arizona to protect your rights.
Let us help you move forward. Call our team at Gallagher & Kennedy today at (602) 530-8400 for a free, confidential consultation to discuss your case.
Contact us for a free consultation