Why You Need a Motorcycle Accident Attorney After a Serious Crash
Arizona highway motorcycle accidents almost always involve serious injuries. The riders have no steel cage, no airbags, and no seatbelts to soften the blow. Broken bones, road rash requiring skin grafts, spinal damage, or traumatic brain injuries are common as a result. Then there is the insurance system, which is designed to pay out as little as possible and blame the motorcyclist.
The Arizona motorcycle accident attorney starts to combat these disadvantages from day one. They handle all communication with the insurance companies, conduct an independent investigation, and fight for compensation to cover your entire lifetime of losses. The sooner you act, the stronger your case will be.
Fighting the “Biker Bias”
Insurance adjusters routinely use the stereotype of the reckless or dangerous motorcycle rider. Even if the other driver was clearly at fault in the accident, the insurer will find ways to blame you and pay less.
- Recorded statements: Adjusters will often call you within days of the crash and request a recorded statement. What you say can be taken out of context and used against you.
- Attorney Intervention: Right away, a motorcycle accident lawyer will take care of all contact with the insurance company, ensuring that nothing you say can be used against you.
Arizona’s Comparative Negligence Law
Under A.R.S. § 12-2505, Arizona uses a pure comparative fault system in which fault assessment is a critical finding.
How the Math Plays Out
Your compensation will be reduced by the percentage of fault you are assigned. If a jury awards $100,000 but you are 30% at fault, you get $70,000. A minor change in the percentage of fault can cost you thousands.
How Your Lawyer Fights Back
A good lawyer will keep your fault at zero. They call in accident reconstruction experts, download data from the other vehicle’s event data recorder, analyze traffic camera footage, and interview witnesses to prove the other driver was 100% at fault.
Arizona Helmet Law: Gap Filler
In Arizona, only riders under the age of 18 must wear helmets (A.R.S. § 28-964). If you were riding without a helmet and you got a head injury, the defense will use what is called the “helmet defense.” They will argue your injuries were a direct result of your choice not to wear protective gear and will push to reduce your compensation under comparative fault.
Your attorney responds by calling medical experts who testify that the force of the collision alone would have caused severe spinal, internal, or orthopedic injuries regardless of the use of a helmet. This shifts the focus away from your equipment and onto the other driver’s negligence.
The Best Way to Pay for Catastrophic Losses
Motorcycles offer no structural protection, so crash injuries are often serious and expensive. The National Highway Traffic Safety Administration says motorcyclists are nearly 27 times more likely to be killed in a crash than passenger car occupants. The lifetime cost of a serious brain injury can exceed $1 million.
- Lowball settlement tactics: Insurance companies will try to get you to accept a quick check before they have to deal with the full extent of your injuries. Accept too early, and you could be barred from seeking compensation in the future.
- Calculating lifetime damage: An experienced attorney will estimate future surgeries, rehabilitation, lost wages, medical equipment, and pain and suffering to make sure your settlement truly meets your needs.
How to Handle Medical Liens Post-Settlement
A settlement doesn’t mean you’ll get every dollar. Your recovery may be subject to liens from hospitals, health insurers, Medicare, and AHCCCS (Arizona Medicaid) to recover the cost of your emergency care. Serious motorcycle crash cases can add up to hundreds of thousands of dollars in medical bills.
A firm that specializes in motorcycle accident claims should have a lien resolution team that can deal directly with providers to reduce these outstanding bills, often by 30% to 50%. This is one of the most overlooked steps in the recovery process, and it directly increases the final amount you’ll receive.
Conclusion
A cookie-cutter legal response is not appropriate for a serious motorcycle crash. Riders face challenges that require specialized knowledge due to insurance bias, disputes regarding comparative fault, helmet law arguments, and medical lien riders. Getting an experienced attorney on your case early is the single most important step to fair recovery for you or anyone you know who was injured in a motorcycle accident in Arizona.