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Motorcycle accidents are extremely serious matters in Phoenix and throughout the rest of Arizona. While every day in Arizona can feel like a great day for a ride, the day can quickly turn into a terrible event because of a motorcycle accident. Yet in Phoenix and the surrounding areas, a motorcycle accident is often not the fault of the rider.
If you or someone you love was hurt or killed in a motorcycle accident, contact the experienced motorcycle accident lawyers of Hastings & Hastings for your free case evaluation. Time is of the essence, so please do not wait to speak with an attorney. At Hastings & Hastings, we offer free initial consultations, always with a licensed, experienced Phoenix injury attorney. Never a salesman or paralegal.
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In 1981, David G. Hastings established Hastings and Hastings and continues to practice law from the firm’s Corporate Office in Chandler. His academic journey includes a Bachelor of Science in Business Administration with a specialization in Accounting and Economics from the University of Arizona, and he graduated with honors from the University of Arizona law school. Mr. Hastings actively supports legal education by annually granting a scholarship to a deserving law student and by introducing the groundbreaking Bachelor of Laws undergraduate scholarship, a unique initiative in the country.
Mr. Hastings is a former Sustaining Member of the Arizona Association for Justice (formerly known as the Arizona Trial Lawyers Association). His legal career commenced at Gust Rosenfeld, Arizona’s oldest law firm, where he represented major global insurance companies. In 1981, he transitioned to advocating for individuals injured due to the negligence of others. His innovative approach to legal fees for accident victims earned him recognition in 1993, with the Arizona Business Gazette dubbing him “The Discounting King.” David and his family are very involved with Special Olympics Arizona, Phoenix Children’s Hospital Down Syndrome Clinic, Down Syndrome Network Arizona, The Salvation Army, St. Vincent De Paul and numerous other charitable causes.
Here at Hastings & Hastings, we have over 90 years of combined experience helping motorcycle riders get the compensation they deserve and back to riding. Our team of dedicated Phoenix injury lawyers can help you get back on your feet, and back on your bike. Remember that in order to get the most from your accident, you will need to act as quickly as possible. Don’t wait, call today.
At Hastings & Hastings you will always meet with an experienced motorcycle attorney for your initial consultation, never a paralegal or salesman. Only a licensed attorney can give you legal advice, so don’t settle for anything less. If an attorney can’t meet with you on day one, call Hastings & Hastings today. When we settle your motorcycle accident claim, our discount fee puts more money in your pocket. Call us today at 480-706-1100, or submit a free case evaluation and we will contact you directly.
Facing the aftermath of a motorcycle accident can be overwhelming, particularly when it comes to navigating legal and insurance matters while dealing with physical and emotional injuries as well. This is where enlisting the support of a motorcycle accident lawyer becomes indispensable. Here’s how they can help you:
Investigate Your Claim: Your attorney will conduct a comprehensive investigation into your claim to gather evidence that supports your case. This may include reviewing police reports, consulting medical experts about injuries you sustained, examining photos or videos from the scene, and interviewing eyewitnesses.
Negotiate With Insurance Companies: Leveraging their experience, attorneys will communicate and negotiate with insurance companies on your behalf, ensuring you’re not taken advantage of and rushed into a settlement that does not fully cover the extent of your damages. They understand the tactics used by these companies to minimize payouts and are skilled in negotiating fair compensation.
Go to Trial if Necessary: While many motorcycle accident claims are settled out of court, some may require litigation. If a fair settlement cannot be reached, your attorney will prepare your case for trial and represent you in court.
With their in-depth knowledge of the legal system and personal injury law, they can guide you through every step of the process so you can focus on recovering.
Recovering from a motorcycle accident involves dealing with physical and emotional trauma as well as financial consequences. Personal injury law exists to help compensate those harmed by another person’s actions. If someone else’s negligence was responsible for the accident, there are three primary categories of damages you may be entitled to:
Economic Damages: These refer to quantifiable out-of-pocket expenses related to the injuries sustained in the collision. They most often include medical expenses – both past and future – along with lost wages for time missed at work or reduced earning capacity if you’re no longer able to make the same amount of money due to your injuries. It could also include property damage.
Non-Economic Damages: It’s harder to put dollar figures on these types of injuries but they refer to compensation for non-monetary losses, like pain and suffering, loss of consortium, and reduced quality of life.
Punitive Damages: This type of compensation isn’t meant to account for a specific loss on your part, but instead serves as a punishment against the defendant’s egregious behavior. Arizona law states these damages may be awarded if the defendant acted with an “evil hand and evil mind.”
Working with an experienced attorney is the best way to ensure you get the compensation you’re entitled to.
Determining the value of a motorcycle accident claim involves evaluating multiple factors that collectively influence the overall compensation. These generally include the following:
The extent of the injuries and associated medical expenses are primary determinants in assessing a claim’s worth. More severe injuries that require extensive medical treatment, rehabilitation, and long-term care result in higher compensation to cover these substantial costs.
If the accident results in permanent disability or disfigurement, the claim’s value significantly increases. Compensation in these cases takes into account not only medical expenses but also the long-term impact on the victim’s quality of life and ability to earn a living.
The insurance policy limits of the at-fault party play a critical role in the compensation process. Even with substantial damages, recovery might be limited to the policy’s maximum payout unless additional sources of compensation are identified.
In situations where both parties share some degree of fault, the claim’s worth can be affected. States that follow comparative fault principles will reduce the compensation based on the claimant’s percentage of fault in contributing to the accident.
The expertise and negotiation skills of the legal representation can also impact the final settlement amount. Experienced lawyers are skilled at presenting compelling evidence, negotiating with insurance companies, and advocating for maximum compensation.
Determining fault in a motorcycle accident in Phoenix and the surrounding areas is similar to proving fault in other types of vehicle accidents. It’s based on a concept known as negligence. Negligence means that someone has a legal duty to another person. That legal duty was breached. The breach of that legal duty caused, in this case, the motorcycle accident that caused you to receive your injuries and property damage.
Some of the parties that could be liable for your accident include:
Another Driver: In many instances, another motorist is often deemed responsible. This might be due to negligent or reckless conduct such as speeding, distracted driving, or driving under the influence, for example.
Driver’s Employer: If the accident involves a commercial vehicle – like a tractor trailer – or the driver was working and engaging in work-related duties at the time of the accident, liability could extend to their employer as well.
Government Entity/Municipality: Some accidents arise out of unsafe road conditions or traffic signals being inoperable. If negligent road management contributed to the accident, a government entity may be held accountable.
Manufacturer of Motorcycle or Other Car/Parts: Where defects in vehicles or their parts result in an accident, liability can rest with the manufacturer. This could include faulty brakes, unreliable steering, tire bursts, or any other component failure that led directly to the accident.
The Motorcycle Rider: Sometimes a rider may hold partial responsibility if their negligence had a role in causing an accident. This is known as comparative negligence. While this doesn’t entirely prevent you from seeking compensation and damages, it can reduce what you’re able to recover.
In Arizona, motor vehicle accidents are governed by pure comparative negligence. Under this legal principle, even if you’re found to be partially at fault for causing your own injuries – up to 99 percent, even – you can still seek damages. However, your recoverable compensation will be reduced in proportion to your percentage of fault.
The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any.
For example, if you were riding your motorcycle and rolled through a stop sign, you might be partially at fault, even if the other driver was speeding and ran a red light. You may be assigned 30% of the liability while the other party holds 70%. In this case, any amount you recover would be reduced by 30%.
Understanding the nuances of a motorcycle accident claim can be confusing, but with legal counsel in your corner, you don’t need to face it alone.
Motorcyclists often encounter unique challenges when pursuing personal injury claims for a number of reasons. Here are two of the major hurdles they tend to face:
Misconceptions About Motorcyclists: There’s a stereotype that motorcyclists are reckless and prone to high-risk behavior. This unfair bias plays out in and outside courtrooms and may influence the jury or insurance adjusters, making it harder for bikers to prove they weren’t at fault in an accident.
Severity of Injuries: Motorcyclists lack the level of protective structure offered by cars which can lead to more serious injuries when involved in collisions. Since this can lead to significant medical costs, insurance companies often want to challenge these claims more aggressively to minimize the amount they must pay out.
Understanding these challenges and aligning yourself with a competent motorcycle accident attorney is crucial to get that justice you deserve.
After a motorcycle accident, navigating the situation carefully is essential to ensure your rights remain protected and you’re positioned well for any potential injury claims. There are several common pitfalls that can derail this process, and knowing what they are is essential.
Do Not Admit Fault at the Scene: In the chaotic aftermath of an accident, uttering apologies or making statements that could be construed as admitting fault might feel instinctive, but these words can significantly jeopardize your claim. Don’t say anything about what you believe caused the accident and never say anything that would imply you were responsible.
Accepting Early Settlement Offers Without Fully Assessing Damages and Injuries: Insurance companies may approach you with what appears to be a generous settlement offer shortly after the accident. However, accepting these offers without a comprehensive evaluation of your injuries or consulting with an attorney can leave you significantly under-compensated.
Not Following Medical Advice: Ignoring or not following through with the medical treatment prescribed can have detrimental effects on your injury claim. Insurance companies view this as evidence that your injuries are not as severe as claimed, which can drastically reduce the compensation you’re entitled to. Always adhere to your doctor’s recommendations and keep detailed records of all treatments received.
Steering clear of these pitfalls after a motorcycle accident ensures you protect both your health and your rights.
Filing a personal injury lawsuit for a motorcycle accident involves several steps, each of which must be carefully navigated to ensure the best possible outcome. Below are the detailed phases involved in this legal process.
The first step is to schedule an initial consultation with an experienced personal injury attorney. During this meeting, you will discuss the specifics of your case, review available evidence, and determine the viability of pursuing a lawsuit.
Once you decide to move forward, your lawyer will begin a thorough investigation. This phase involves collecting all available and relevant evidence, such as police reports, medical records, witness statements, and any available video footage. Your legal team may also collaborate with specialists, such as accident reconstruction experts and medical professionals, to build a strong case.
After gathering sufficient evidence, your attorney will draft and file a formal legal complaint against the at-fault party. This document outlines the details of the accident, the extent of your injuries, and the compensation you are seeking. The complaint is then submitted to the court, formally initiating the lawsuit.
The discovery phase is a critical stage where both parties exchange information relevant to the case. This includes depositions, interrogatories, and requests for documents. Each side scrutinizes the other’s evidence, and new information may surface that can impact the case’s strategy.
Before proceeding to trial, the parties typically engage in settlement negotiations. Your attorney will negotiate with the defendant’s legal team to try to reach a fair settlement that compensates for your injuries, medical expenses, lost wages, and other damages. Many cases are resolved at this stage, avoiding the need for a prolonged trial.
If settlement negotiations fail, the case proceeds to trial. During the trial, both sides present their evidence and arguments to a judge or jury. After hearing all testimonies and reviewing the evidence, a judgment is made.
Following the trial, either party may file post-trial motions or pursue an appeal if they believe the trial was not conducted fairly or errors were made. This phase can extend the legal process but is crucial for ensuring justice and fair compensation.
Successfully navigating these phases requires experienced legal representation and a clear understanding of the legal processes involved in personal injury lawsuits.
After a motorcycle accident, the steps you take can significantly impact both your recovery and any potential personal injury claim. It’s essential to handle this critical time appropriately. Here’s what you should do:
First and foremost, prioritize safety by moving away from traffic or hazardous situations if possible without worsening any injuries. Then, contact law enforcement immediately, as they will file an accident report – a vital document for your claim.
Even if you feel fine after the accident, it’s crucial to seek medical attention as some injuries might not be immediately apparent due to adrenaline and shock. A thorough examination can uncover hidden injuries, and starting treatment sooner can prevent complications.
Be diligent in collecting detailed information from everyone involved including names, contact details, and insurance information.
Take advantage of your cellphone as well, if possible: document everything related to your accident – pictures of the scene, damages to vehicles involved, and road conditions that you believe may have led to the accident.
When it comes to navigating the aftermath of a motorcycle accident, consulting with an experienced motorcycle accident lawyer can be very beneficial. A lawyer will assess your case to determine its validity and potential worth, guiding you through complex legal procedures.
Dealing with a motorcycle accident isn’t something anyone wants to be faced with, but by taking the right steps early on, you set a solid foundation for recovering both physically and financially.
When pursuing a motorcycle accident case for personal injury victims, several types of evidence are crucial for building a strong legal claim. Each type of evidence plays an important role in establishing fault and proving the extent of damages. Common pieces of evidence include:
Eyewitness accounts can provide a compelling narrative of the accident as it unfolded. Statements from those who directly observed the incident can help corroborate the victim’s version of events and offer an unbiased perspective on how the accident occurred.
Official police reports contain vital information gathered at the scene of the accident. These reports often include the officer’s observations, witness statements, and any citations issued, serving as an authoritative source of factual details related to the case.
Medical documentation is essential for illustrating the severity and impact of the injuries sustained. Detailed records from healthcare providers can demonstrate the extent of the victim’s physical harm, required treatments, and projected long-term medical needs, substantiating claims for damages.
Accident reconstruction experts use scientific methods to recreate the scene of the crash. By analyzing vehicle dynamics, road conditions, and other factors, these professionals can show how the accident occurred and therefore who may be responsible.
Visual evidence from the accident scene, including photographs and video footage, can be incredibly persuasive. These visual aids capture the aftermath of the collision, vehicle positions, and potential contributing factors such as road conditions or traffic signals.
Reports detailing the damage to the motorcycle and any other involved vehicles help to highlight the force and impact of the collision. This evidence can be used to infer the mechanics of the crash and correlate them with the injuries sustained by the victim.
A motorcycle crash is a serious event that can be life-changing. The injuries associated with these types of accidents can be severe and often deadly. Most motorcycle accidents that occur in Phoenix and the surrounding areas are the fault of other drivers. The most common causes of motorcycles include:
Additionally, as a motorcyclist, you are at risk as a result of:
The fact is many drivers simply don’t pay attention to motorcycle riders. They either fail to see you or they are not aware of their surroundings. Because a motorcycle is much smaller than other vehicles on the road, they often are overlooked. When this happens drivers can slam right in the back of a bike. This type of accident can be tragic! Injuries related to this type of crash are often life-threatening.
As we have already learned above, other drivers on the road simply don’t keep an eye out for motorcycles. Many times someone driving a car will change lanes slamming into a motorcycle; our Phoenix auto accident lawyers see it all the time. When this happens serious injuries can occur. The massive size of other cars and trucks on the road can crush a motorcycle and its driver.
Every car and truck on the road has a blind spot – especially large trucks. When a motorcycle gets in a blind spot things can turn out bad. Most drivers fail to check their blind spots before merging lanes or making other maneuvers. If you get caught in a blind spot, you could be seriously injured or even killed. If you were hit by a truck, our Phoenix truck accident lawyers can help with your case.
We all know that distracted drivers can be dangerous. When people use their phone while driving very bad things can happen that result in serious bodily injury. These negligent drivers can run you over, or worse they can kill you. Negligent and distracted drivers can take your life or the life of your loved one in seconds. While there are laws against distracted driving, many people don’t follow them. Sadly, they only realize how dangerous it is until they injure or kill someone.
One of the biggest issues with motorcycle accidents is that even “common injuries” can be serious. The body of the motorcyclist and any passenger isn’t as well protected as someone who is in a passenger vehicle. As a result, when a collision occurs, the body receives the impact from the vehicle, the ground, and potentially other objects. This can result in catastrophic and even deadly injuries.
Some of the most common injuries include:
Even some injuries that may not seem severe, such as road rash and lacerations, can be more serious in nature since they are prone to infection.
It’s very important to have an experienced Phoenix motorcycle accident attorney on your side. Your job is to focus on getting better from your injuries. The job of your attorney is to deal with the insurance company and protect your legal rights. At Hastings & Hastings, we’re proud of our history of providing excellent legal representation of motorcycle accident victims in Phoenix and the surrounding areas. Schedule your free consultation now to learn how we can help you get the financial compensation you deserve for your injuries.