Phoenix Motorcycle Accident Attorney

Riding on a motorcycle is a fun and fuel-efficient way to get around town. As long as everyone on the road does their part, riding a motorcycle is relatively safe. Unfortunately, some drivers don’t drive their cars in a safe manner, which could cause dangerous accidents for motorcycle riders.

If you or a loved one sustained an injury in a motorcycle accident, a Phoenix motorcycle accident attorney at Gallagher & Kennedy can help. Our team of experienced Phoenix motorcycle accident attorneys can determine who caused the accident and fight for you to receive compensation from the liable party. Anyone can potentially sustain devastating injuries in a motorcycle accident—if it happens to you, let our attorneys be your legal advocates to help ensure that you financially recover.

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Gallagher & Kennedy Can Fight For You to Recover Compensation

We handle some of the biggest cases across the country and have the financial resources to take on big corporations and insurance companies.

There are many advantages to choosing our firm over others, including:

• Our attorneys have over 210 collective years of experience in helping personal injury victims. This experience has given us the skills and knowledge needed to resolve cases successfully to benefit our clients. We have handled many accident cases and know how to navigate the legal process.
• We are compassionate about our work and committed to every case and every client. Our main goal is to maximize results for our clients and make them feel supported throughout the entirety of their case. We treat each case like our own and believe our clients deserve justice, especially if someone else’s actions caused their injuries.
• We’ve built a solid team of aggressive negotiators. Using skillful negotiation tactics, our attorneys know how to get insurance companies to make acceptable offers. We have a strong reputation for getting the desired outcome for our clients through settlement negotiations.
• Our team isn’t afraid to litigate your case. If the insurance company refuses to make a fair offer, we aren’t afraid to take your case to court and prove why you deserve to receive the compensation they seek.

If you’re left with debilitating injuries after a motorcycle accident, the last thing you should have to think about is filing a claim or dealing with legal matters. When you choose to work with Gallagher & Kennedy, we can take care of everything for you. With our attorneys by your side, you only have to focus on recovering from your injuries and getting back to your normal life.

Do I Have a Motorcycle Accident Case?

Most personal injury claims, including motorcycle accident claims, are based on the legal concept of negligence. Negligence occurs when a person fails to exercise the level of care that a reasonable person would under similar circumstances, resulting in harm or injury to another.

For example, if a car driver is texting while driving and collides with a motorcycle, causing injuries to the motorcyclist, the driver may be considered negligent because a reasonable person would know that texting while driving is unsafe and poses risks to others on the road.

To have a successful motorcycle accident case, your attorney must establish the four key elements of negligence:

1. Duty of Care: The defendant (the person you are claiming caused your injuries) owed you a legal duty of care. All drivers have a duty to operate their vehicles safely and follow traffic laws to avoid accidents.
2. Breach of Duty: The defendant breached their duty of care through their actions or failure to act. Common examples include speeding, running a red light, or driving while intoxicated.
3. Causation: The defendant’s breach of duty directly caused your motorcycle accident and resulting injuries. Your attorney must show that if not for the defendant’s negligent actions, you would not have been harmed.
4. Damages: You suffered actual damages, such as physical injuries, property damage to your motorcycle, lost wages from missing work, and pain and suffering. Medical records and bills, motorcycle repair estimates, and pay stubs help prove the extent of your damages.

A Phoenix motorcycle accident lawyer from Gallagher & Kennedy knows how to thoroughly investigate your case to establish negligence and liability. We gather evidence, interview witnesses, and consult with experts when needed to build the strongest case possible on your behalf

Types of Compensation Available to Motorcycle Accident Victims

Depending on the severity of the accident, you could end up with significant injuries. Our attorneys can fight for you to receive every type of compensation possible. To determine how much compensation we can seek, the first step is assessing your recoverable damages.

Damages are the losses you incur because of your injuries. The court awards damages to the injured party as a remedy for both their economic and non-economic losses. The liable party must pay damages if there is proof they caused the injuries.

Economic Damages

Economic damages are the amount of money a person could recover because of the monetary losses they incurred. The main goal of economic damages is to make someone financially whole again after their injuries. Typically, economic damages are easier to calculate because there are bills, receipts, and other documentation to indicate their value.

You could recover various economic damages after sustaining an injury in a motorcycle accident. The severity of your injuries often greatly impacts the amount of compensation you might receive.

Types of economic damages you could recover after a motorcycle accident include:

• Medical expenses: Motorcycle accidents typically cause extensive injuries because of the lack of protective equipment surrounding motorcyclists—and extensive injuries likely mean extensive medical bills. You could include emergency room visits, ambulance rides, doctor visits, medications, and other medical costs associated with the accident in your claim.
• Future medical expenses: In some cases, motorcycle accident victims sustain injuries that require medical attention for the rest of their lives. If this happens to you, you could include the projected costs of future medical bills in your claim. Our motorcycle accident attorneys can help you calculate these costs.
• Lost income: Regardless of how long you had to miss work, you could recover compensation for your lost income. From a few days to many months, if you lost income, we can help you recover it.
• Future lost income: If your injuries are severe enough that you’re likely to lose future income, you could recover that as well. Our attorneys can also help you recover diminished earning capacity if you must now work in a lesser-paying role because of your injuries.
• Property damage: If your motorcycle or other property sustained damage in the accident, you could include those damages in your claim. If insurance does not cover the costs to replace or repair your property, we can fight for you to get the money you need to have your motorcycle back in good condition.

It’s crucial to keep any bills or receipts that prove the out-of-pocket costs you had to pay. Once you provide us with this documentation, our attorneys can determine the value of your economic damages.

Non-Economic Damages

Non-economic damages are the amount of money a person could recover for the non-monetary losses they experienced. For example, if a motorcycle accident victim has dealt with physical pain or emotional distress, they could recover compensation for what they had to endure.

Common non-economic damages after a motorcycle accident include:

• Pain and suffering: These damages include the emotional pain, anguish, discomfort, or inconvenience the injuries caused. Pain and suffering damages also include any pain you felt directly after the accident or ongoing pain you continue to feel.
• Emotional distress: You could recover compensation for any negative psychological impacts you experienced because of the accident or your injuries. Examples include anxiety, depression, fear, post-traumatic stress disorder (PTSD), and sleeping issues.
• Loss of enjoyment: If you can no longer participate in activities or hobbies you enjoyed before the accident, you could recover compensation for that loss.

Because non-economic damages do not have a set financial value, calculating them is a trickier process. Our attorneys can help determine what non-economic damages apply in your case.

Compensation After Your Loved One Passed Away

If you lost your loved one in a motorcycle accident, the legal team at Gallagher & Kennedy extends our sincerest condolences. Our attorneys are here to help you and your family hold the liable party accountable. We understand that no amount of money can make the loss hurt less, but you may find comfort in holding the at-fault party accountable and recovering compensation through a wrongful death claim.

Damages that surviving family members could recover after the death of a loved one include:

• End-of-life services: You could include any end-of-life services for your loved one, such as a funeral, memorial, or celebration of life. The unexpected cost of paying for these services can cause great financial stress. Let our attorneys help you recover the funds, so you don’t have to pay out of your own pocket.
• Laying your loved one to rest: You could also include the costs of any burial or cremation services you had to pay for.
• Loss of consortium: Certain family members can recover compensation for loss of consortium damages, which compensate surviving family members for losing the companionship and support their loved one provided.

Our compassionate attorneys are ready to offer you support throughout your insurance claim or lawsuit. We can help determine if you are eligible for survivorship damages, then fight for you to recover maximum compensation from the liable party. They should have to pay for the loss of life they caused.

Common Causes of Phoenix Motorcycle Accidents

Motorcycle accidents happen for various reasons. However, according to the National Highway Traffic Safety Administration, most multi-vehicle motorcycle crashes generally occur because other drivers didn’t see the motorcyclist. Motorcycle accidents can also happen when another motorist drives carelessly or acts negligently.

Common causes of motorcycle accidents that our firm sees include:

• Cars making left-hand turns at an intersection. Common reasons for left-turn accidents include driver distraction or low visibility.
• Hazards in the road. Motorcycles and potholes do not go well together. If a motorcycle hits a pothole at the wrong angle, it could cause the motorcyclist to lose control. In cases like these, you could sue the city or municipality in charge of the road for not maintaining it properly.
• Other drivers under the influence of drugs or alcohol. Drugs and alcohol can significantly impair a person’s ability to drive. They could think a motorcyclist is further away than they are, or they might never see them at all.
• Motorists who aren’t paying attention. Motorcycles are significantly smaller than other cars on the road, making them easier to miss. If a motorist isn’t paying attention, they could miss a motorcyclist in their blind spot or elsewhere and hit them.

Whatever caused your motorcycle crash, our Phoenix motorcycle accident lawyers can investigate what happened and determine who the liable parties are.

Who May Be Held Liable in a Motorcycle Accident?

Determining liability after a motorcycle crash can be a complicated process because, in many motorcycle accident cases, several parties may potentially be held liable depending on the specific circumstances that led to the crash. These may include:

Other Drivers

If another motorist’s negligence caused your motorcycle accident, such as by speeding, running a red light, or failing to yield the right of way, they can be held liable for your injuries and damages. This is the most common scenario.

Passenger Vehicle Owners

If the negligent driver was operating someone else’s vehicle, the owner of that passenger vehicle may face liability, especially if they knowingly loaned their car to an unlicensed, inexperienced, or reckless driver.

Commercial Drivers and Employers

If you were hit by a commercial vehicle, such as a delivery truck or 18-wheeler, both the commercial driver and their employer may be held responsible. Employers have a duty to hire qualified drivers and ensure they operate safely.

Government Entities

When poorly maintained roads, malfunctioning traffic signals, or other infrastructure issues cause a motorcycle wreck, the government entity responsible for designing and maintaining the roads may be liable. However, cases against government agencies can be complex.

Motorcycle Manufacturers

If a defective motorcycle or motorcycle part, such as faulty brakes or tires, contributed to your accident, the manufacturer may be held accountable under product liability laws. This also applies to manufacturers of defective helmets or safety gear.

Mechanics and Repair Shops

If improper motorcycle repairs or maintenance led to your crash, the negligent mechanics or repair shop that serviced your bike may be liable for your damages

Serious Injuries in Phoenix Motorcycle Accidents

Motorcyclists are at significant risk of severe injuries because of their lack of protection. These injuries could cause life-changing impacts or death under some circumstances. Common injuries that motorcyclists sustain in accidents include:

• Head and Brain Injuries: Even with a helmet, motorcyclists can suffer traumatic brain injuries (TBIs), concussions, skull fractures, and other head injuries in a wreck. These life-threatening injuries can have profound, long-lasting impacts on a rider’s cognitive abilities, memory, emotions, and motor functions.
• Spinal Cord Injuries: The forceful impact of a motorcycle crash can cause herniated discs, fractured vertebrae, and in the most severe cases, partial or total paralysis. Spinal cord injuries often require extensive medical treatment and can permanently alter a rider’s life.
• Road Rash: When a motorcyclist is thrown from their bike and skids across the pavement, they can suffer serious skin abrasions known as road rash. While some road rash is superficial, more severe cases may reach the deeper layers of skin and require skin grafts or reconstructive surgery.
• Fractures: Broken bones are common in motorcycle accidents, particularly in the lower extremities like the legs, ankles, and feet. Riders may also suffer fractures to the ribs, collarbone, arms, wrists, and pelvis. Some complex fractures may require surgical intervention.
• Soft Tissue Injuries: The force of a collision can cause painful damage to the body’s muscles, tendons, and ligaments. Whiplash, a neck injury caused by the rapid back-and-forth motion of the head, is a common example. Soft tissue injuries can limit mobility and take months to heal.
• Internal Injuries: Blunt force trauma from a motorcycle crash can cause internal bleeding and damage vital organs like the lungs, liver, spleen, and kidneys. Internal injuries may not be immediately apparent but can be life-threatening without prompt medical care.
• Psychological Trauma: Not all motorcycle accident injuries are physical. Riders may also experience mental and emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to riding or driving.

Any of these injuries could leave the motorcyclist with substantial medical bills, lost wages or income, and other expenses. If you or a loved one sustained an injury in a motorcycle crash and now face the financial aftermath, a Phoenix motorcycle accident lawyer from our firm can help you. We advocate aggressively for our clients to receive the compensation they need to avoid financial hardship after a motorcycle accident.

What if I’m Partly at Fault for My Motorcycle Accident Injuries?

Arizona follows a pure comparative negligence rule when it comes to motorcycle accident claims and other personal injury cases. Under this rule, fault is apportioned between all parties involved in the accident based on their degree of negligence. Importantly, even if you were partially to blame for your motorcycle crash, you can still recover damages from other at-fault parties. However, your awarded compensation will be reduced by your percentage of fault.

Here’s how pure comparative negligence works in practice:

• Determining Fault: Through investigation and evidence, fault is assigned to each party in the form of a percentage. For example, a jury may find that the car driver who hit you was 80% at fault for running a red light, while you were 20% at fault for speeding.
• Calculating Damages: The total amount of your damages, including medical bills, lost income, property damage, and pain and suffering, is calculated. Let’s say your total damages amounted to $100,000.
• Reducing Compensation Based on Fault: Your percentage of fault is then applied to reduce your total compensation. In this scenario, since you were found 20% at fault, your $100,000 in damages would be reduced by 20%, leaving you with $80,000.

The key takeaway is that under Arizona’s pure comparative negligence system, you can pursue compensation even if you were more than 50% at fault for the accident. In some states that follow modified comparative negligence rules, you would be barred from recovery if your fault exceeded 50%.

However, be aware that insurance companies may try to shift an unfair amount of blame onto you to limit their financial liability. That’s why it’s crucial to have an experienced Phoenix motorcycle accident lawyer from Gallagher & Kennedy in your corner. We will gather and present strong evidence to minimize your assigned fault and fight for the maximum compensation possible.

If you’ve been hurt in a motorcycle wreck, don’t let concerns about fault stop you from exploring your legal options. Contact our Phoenix motorcycle accident lawyer today for a free case evaluation. We’re here to protect your rights and help you recover the compensation you deserve, even in complex cases involving comparative negligence.

You Have Limited Time to File a Motorcycle Accident Lawsuit

According to state law, motorcyclists generally have two years from the accident to file a personal injury lawsuit against the liable party. If you fail to file your lawsuit within these two years, the court will likely dismiss your case, and you’ll lose your right to seek compensation through the legal system. This is true even if you have a strong case and significant damages. While some exceptions apply that can shorten or lengthen the time you have to file a claim, it’s best to act quickly to ensure you don’t miss any important deadlines.

It’s generally best to file your insurance claim quickly after your motorcycle accident to avoid delays and complications. However, insurance negotiations can take time, and if a fair settlement cannot be reached, you’ll want to make sure you still have the option to file a lawsuit. That’s why it’s wise to consult with a knowledgeable Phoenix motorcycle accident attorney from Gallagher & Kennedy as early as possible after your crash.

We can handle all communication with the insurance companies and work efficiently to negotiate a favorable settlement while still preserving your right to sue if necessary. If your case does require a lawsuit, we will ensure all deadlines are met to protect your access to the courts.

Don’t let the statute of limitations expire on your valid motorcycle accident claim. Contact Gallagher & Kennedy today for a free consultation. Let us put our skills and resources to work for you.

How Can a Lawyer Help With Phoenix Motorcycle Accident Injury Claims?

A skilled lawyer from Gallagher & Kennedy’s personal injury law firm can provide invaluable assistance with your motorcycle accident claim in several key ways:

Investigating Your Phoenix Motorcycle Accident

We will thoroughly investigate the circumstances of your motorcycle accident to gather crucial evidence. This may include obtaining police reports, interviewing witnesses, reviewing traffic camera footage, and even consulting with accident reconstruction specialists. A thorough investigation helps establish negligence and liability.

Identifying All Liable Parties

In some cases, multiple parties may share liability for your motorcycle accident. For example, if a defective motorcycle part contributed to your crash, the manufacturer may be held accountable. We will identify all potentially liable parties to maximize your chances of recovering full compensation.

Communicating with Insurance Companies

Dealing with insurance companies after a motorcycle accident can be stressful and overwhelming. We will handle all communications and negotiations with the insurers on your behalf, protecting your rights and fighting back against any attempts to undervalue or deny your claim.

Calculating Your Damages

Motorcycle accident injuries are often severe, resulting in substantial medical expenses, lost income, property damage, and pain and suffering. We will carefully calculate the full extent of your damages, including future projected losses, to determine the fair value of your claim.

Negotiating a Settlement

We will leverage our extensive experience, reputation, and the strength of your case to negotiate aggressively for a maximum settlement. In many cases, we are able to obtain fair compensation without needing to go to court.

Representing You in Court

If the insurance company refuses to make a fair settlement offer, we are fully prepared to take your case to trial. Our skilled litigators will present the most compelling arguments to the judge and jury to fight for the compensation you deserve.

Providing Compassionate Support

We understand the physical, emotional, and financial toll a serious motorcycle accident can take. You can count on your legal team to be accessible, responsive, and supportive throughout the entire process as we tirelessly advocate for you.

Contact a Motorcycle Accident Lawyer in Phoenix Today

After sustaining injuries in a motorcycle accident, you could benefit greatly by having a strong legal advocate by your side. The skilled Phoenix personal injury attorneys at Gallagher & Kennedy can guide you through the claims process and help you file a lawsuit if necessary. Because of our vast experience, we know how to give you the best possible chance of reaching a successful outcome.

Contact our team today at (602) 530-8400 for your free consultation to learn more about your options and get your questions answered. We always want to do what’s best for our clients, and we vow to treat your case like it’s our own.

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Client Testimonial

“If I could give this gentleman a six-star review I would very well do that. After representing me after I was struck by a vehicle while riding my bike. He strongly voiced my opinion, represented me, and did me the greatest outcome that I never thought would even have been possible. If you ever have the chance to have this gentleman/ attorney represent you in your case then consider that a blessing. Matthew Boatman gets my highest honor and gratitude and a special thanks to you (MATT)for representing me at times that I couldn’t represent myself. Greatly appreciated and thank you from the bottom of my hearth! I give you 6 star review!” -Alex B. ⭐⭐⭐⭐⭐

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Gallagher Kennedy – Phoenix Office

2575 E Camelback Rd, Suite 1100
Phoenix, AZ 85016
Tel: (602) 530-8400