Mesa Motorcycle Accident Guide

November 7, 2022

Mesa Motorcycle Accident Guide

Table of Contents

What to do after a Motorcycle Accident In The East Valley?

A motorcycle accident can be a horrible and traumatizing experience. It is only natural for those involved in an accident to be in shock and confused about what to do when a vehicle crash happens. If you have ever found yourself in such a situation or believe that you might be in the future, we hope that this blog will provide you with some insights and best practices. This way, if you are in a motorcycle accident, you can be better prepared and therefore avoid unnecessary hassle later on.

Most commonly occurring motorcycle accidents involve a larger vehicle. In these situations, the motorcycle driver is likely to be affected more. If you find yourself in such a situation, make sure you do these four things:

  • Get to safety.
  • Call 911.
  • Call your insurance company.
  • Call your lawyer.

Get to safety

First and foremost, get yourself to safety. Staying on the road where the motorcycle accident occurred would invite more danger as there would be other oncoming vehicles. So try to move yourself to the side of the road. Make sure you turn on the hazard lights of your motorcycle, letting other passers-by know that there has been an incident there. If you are injured and are having difficulty moving, be careful and try not to move unnecessarily. You might have fractures or broken bones, which could get worse if you needlessly move.

Call 911

Try to get the police and paramedics to the location of the motorcycle accident as soon as possible. People who might be on the road might report this incident, but we advise that you don’t wait for them and try to do it yourself. The sooner the cops get here, the better, as it will help preserve evidence and get relatively accurate statements. If you require medical attention, calling 911 will also help you get the required paramedic assistance.

Call a Mesa personal injury lawyer that handles motorcycle accidents

Hiring an experienced personal injury lawyer to take care of your motorcycle accident can make all the difference when it comes to getting a good claim and staying away from any possible liabilities. Most of the time, your insurance company will be trying to give you the lowest possible claim, and it is also possible that you may face legal liabilities from other parties involved in the incident. This is why you need a personal injury lawyer with experience handling motor vehicle accident cases to manage your case. An experienced accident attorney will talk to your insurance company on your behalf and make sure you get a better claim.

Get to safety

First and foremost, get yourself to safety. Staying on the road where the motorcycle accident occurred would invite more danger as there would be other oncoming vehicles. So try to move yourself to the side of the road. Make sure you turn on the hazard lights of your motorcycle, letting other passers-by know that there has been an incident there. If you are injured and are having difficulty moving, be careful and try not to move unnecessarily. You might have fractures or broken bones, which could get worse if you needlessly move.

Call your Insurance Company

After taking care of your safety and calling 911 for assistance, make sure that you contact your insurance company. Provide information to the insurance company, including the police incident number if they are already on the scene. Keep one thing in mind when you are talking to your insurance company, which is to not admit any fault to your insurance company until you have spoken with your lawyer. Anything you might say could be used against your claim later. The company will also require information on any other party involved, so make sure to exchange insurance information with them.

Call a personal injury lawyer

Hiring an experienced personal injury lawyer to take care of your motorcycle accident can make all the difference when it comes to getting a good claim and staying away from any possible liabilities. Most of the time, your insurance company will be trying to give you the lowest possible claim, and it is also possible that you may face legal liabilities from other parties involved in the incident. This is why you need a personal injury lawyer with experience handling motor vehicle accident cases to manage your case. An experienced accident attorney will talk to your insurance company on your behalf and make sure you get a better claim.

Schenk Podolsky Personal Injury Lawyers, Mesa Arizona

Schenk Podolsky Attorneys at Law are personal injury lawyers with experience handling many motor vehicle accident cases. If the incident occurs in the state of Arizona, we can help handle your case. We at Schenk Podolsky do not charge our clients any fees until we complete your settlement. You can contact us today at (480) 757 5000.

Motorcycle accidents are terrifying, especially to those that sustain injuries in the incident. If you or your loved one was in a motorcycle accident that was caused by another person and his/her negligent behavior, you or your loved one should be eligible to recover compensation for the sustained damages or losses. But in order to do that, you need to first determine the worth of your motorcycle accident claim which isn’t always a straightforward process. There are numerous factors that determine the worth of your motorcycle accident claim in Arizona.

What types of compensation are available after a motorcycle accident?

Being in a motorcycle accident might allow you to recover various types of compensation from the at-fault party. There are different types of compensation, but in most cases, they include economic and non-economic damages. Let’s further discuss the economic damages and their effects on the worth of your motorcycle accident claim.

economic damages are commonly known as special damages and they can be easily calculated once a motorcycle accident in Arizona occurs. For example, special damages usually consist of:

  • Medical bills

  • Lost wages (if you’re not able to work for a period of time after the accident)

  • Property damage expenses and Out-of-pocket expenses

How severe are the motorcycle accident injuries?

The worth of your motorcycle accident claim is not only determined by economic damages. We also calculate in the non-economic damages. They are also known as general damages and calculating them is not as simple as economic damages. This is because there’s no direct bill linked to the victims:

  • Loss of quality of life
  • Physical or emotional distress
  • Physical pain
  • Loss of company of a spouse
  • What can also affect the worth of your motorcycle accident in Arizona?

Aside from the economic and non-economic damages that determine the worth of your motorcycle accident, there are also specific factors that can have a huge impact on the worth. Both economic and non-economic damages are affected by the following factors:

  1. Whether you’re able to return back to work or not
  2. Whether the motorcycle accident caused any short or long-term disabilities
  3. The level of the victim’s pain and suffering
  4. What is the total amount of property damages

Often after a motorcycle accident in Arizona, you will be offered a settlement for compensation and covering of your damages. Experienced motorcycle accident attorneys recommend that you don’t accept any type of settlements until you’ve reached compete recovery. The medical bills can keep coming after you’ve accepted a settlement and the compensation might not be enough to cover them all.

What is the worth of your motorcycle accident claim if you’re partially at fault?

Quite often, insurance companies will try to blame the motorcyclist for the accident, hoping that they won’t have to pay a big amount for compensation. However, in Arizona, we operate under a “pure comparative negligence” rule, which means that even if the motorcyclist is 99% at fault for causing the accident, he/she will still be able to receive compensation that will be reduce by the percentage of his/her fault.

Work with an attorney in Mesa, the East Valley of Maricopa County!

The worth of your motorcycle accident claim can also depend on whether you try to handle the claim yourself or you trust an experienced motorcycle accident attorney. Attorneys are familiar with how the process works and how best to ensure that you get the right amount for your compensation So if you, or your loved one gets into a motorcycle accident, it’s best to contact and consult an experienced attorney and let him/her represent you and get you the compensation you’re owed.

5 Facts About Mesa Motorcycle Accidents

Having a motorcycle and riding it on a nice warm day is a popular hobby for many. After all, there are over 8.6 million motorcycles on the road in the U.S. alone. As with all traffic participants, motorcyclists are not resilient to accidents. In fact, motorcycle accidents tend to cause catastrophic injuries to motorcycle riders, and the main reason is that they are not protected like car drivers are. If you or your loved one was in a motorcycle accident, you might be entitled to receive compensation for your injuries. Contact Schenk Podolsky and schedule a free consultation.

Since there are so many motorcyclists out there and these accidents tend to cause serious (if not life-threatening injuries) we need to focus on some of the facts that surround these accidents.

When you’re near an intersection, make sure that you watch out for other vehicles that might pull out from the driveway or from one of the side streets. Keep your eyes open for vehicles that might turn in in front of you as well.

Intersections can be extremely dangerous because there are a lot of things that can obscure your vision of the oncoming traffic e.g. tall buildings, parked cars, shrubbery, overhauling branches etc. These obstructions can prevent you from seeing an ongoing vehicle (that also doesn’t see you). You both think that the intersection is clear and you decide to pull out.

In order to avoid collisions at intersections, it’s best to reduce your speed and make sure that you double-check fi there’s any oncoming traffic. You need to react fast if necessary. Other drivers might drive recklessly around others in traffic, even motorcycles.

In case a vehicle does hit you, but it wasn’t your fault, you can receive compensation for the injuries and damages that you sustained. These can include medical bills, lost wages (if the injuries prevented you to work), pain and suffering etc.

There’s not a single means of transportation that is 100% safe. You can get hurt in motorcycle accidents as well as in a car accident. It’s true that more people can die in a car accident, but that’s only because more people can fit into a car.

When you compare the deaths per mile traveled, you will find that motorcycles are actually 27 times deadlier than cars. But this shouldn’t be surprising, given the fact that a car shields both you and your passengers way better than a motorcycle does. So when motorcycle accidents happen, our body will bear the impact of the collision.

Luckily there are ways you can minimize the danger. The best way would be to take a motorcycle safety course. It’s surprising that more than 90% of motorcyclists don’t have any safety training when it comes to motorcycles. Contact the Motorcycle Safety Foundation and learn more about these courses.

Many U.S. states have laws that require all motorcycle drivers under the age of 21 to wear protective gear, specifically a helmet. And there’s a good reason for it. According to a study done by the NHTSA, helmets are 37% effective in preventing motorcycle deaths and also 67% effective in preventing serious brain damage. So we highly recommend that you wear a helmet, no matter if you’re older than 21.

According to the GHSA study, back in 2016, motorcycle deaths were 15.2% of all motor vehicle deaths in Arizona. This might not seem that high compared to Nevada (22.6%) but it’s still high. And many states record a growing trend. When a motorcyclist dies in a motorcycle accident and it’s not his/her fault, certain people e.g. family members (spouse, children, survivors etc.) can sue the party at fault for compensation for the loved one’s death.

Understand the motorcycle Helmet Laws In Arizona

Wearing a motorcycle helmet is the best way to prevent serious injuries if you’re ever involved in a motorcycle accident. But, not every motorcyclist in Arizona wears one, since the laws in Arizona don’t require motorcyclists to wear them.

A person under they age of 18 is required to wear a motorcycle helmet, but a person who is 18 years or older isn’t. This raises up the following question: Will not wearing a helmet affect your motorcycle accident case?

Arizona Stats About Motorcycle Accidents

According to the reports released by Arizona Department of Transportation, in the previous reporting year, there were about 2,300 motorcycle accidents across Arizona. The accidents caused almost 2.000 injuries as 160 fatalities.

When we look further into the data provided by the NHTSA, we also learn that 80% of all reported motorcycle accidents have resulted with a serious injury or death of the motorcyclist. But, wearing a helmet could minimize the risk of injury/death significantly.

According to the CDC, by wearing a motorcycle helmet can reduce the risk of motorcycle deaths by 37% and reduce the risk of head injuries by 69%.

Motorcycle Helmets in the Arizona Law

Arizona doesn’t have universal motorcycle helmet laws. This means that anyone older than 18 isn’t legally required to wear one, while they are riding or operating a motorcycle. On the other hand, every person who is under the age of 18 is legally required to wear a motorcycle helmet.

Motorcycle Helmet and Its Effect on Your mesa Motorcycle Accident Case

If you get into a motorcycle accident without wearing a helmet, the at-fault party could use this against you by claiming that you failed to mitigate possible injuries by not wearing a helmet. There are US jurisdictions where this argument works, but not in Arizona.

The main reason for this is that in the state of Arizona, you’re not legally required to wear a helmet while riding or operating a motorcycle. This way the at-fault party cannot claim that you were negligent for not wearing one.

So, even in the event that the motorcycle accident causes severe brain or head injury to the motorcyclist, he/she could be eligible for compensation from the at-fault party even if the motorcyclist wasn’t wearing a helmet. The person responsible for the accident might claim that the head or brain injury wouldn’t be as severe if the motorcyclist wore a helmet, but that argument won’t matter. He/she will still be responsible for the compensation if his/her responsibility for the accident can be proved.

However, there is one scenario where the non-use argument could work in Arizona. In order for this argument to matter, the motorcyclist involved in the accident will have to be under the age of 18, since they are legally required to be wearing a motorcycle helmet in Arizona. And since they are required, but they didn’t wear it, this could be beneficial for the at-fault driver who could then place some of the blame for the injuries on the motorcyclist.

If you or your loved one were involved in a motorcycle accident in Arizona, you are entitle to receive compensation for the injuries or damages you sustained. Contact our experienced motorcycle accident lawyers and schedule a free consultation.

No-contact motorcycle accidents In Mesa

Based on the report form Arizona Department of Transportation, there were 2,600 motorcycle accidents in Arizona. So we can say that they are quite common. When you hear “motorcycle accident” you most likely think about two (or more) vehicles colliding. However, there are also so-called no-contact motorcycle accidents.

Today, we will focus on describing what are exactly no-contact motorcycle accidents and of course who can be held responsible if that type of accident occurs, for the injuries sustained by the motorcyclist and possible property damages.

What are the most common causes of no-contact motorcycle accidents?

When we speak about no-contact motorcycle accidents, we speak about situations where a motorist on the road causes a motorcyclist to crash BUT WITHOUT coming into physical contact with the motorcyclist. Now you might know this, but no-contact accidents can occur not just between a motorcyclist and another vehicle. Actually, any type of vehicle can be in a no-contact accident.

But on Arizona roads, motorcyclists are more likely to be in such an accident than other motor vehicles. This is mainly due to the size, shape and passenger capacity of a motorcycle. Because of these factors, the motorcyclist must operate the motorcycle in a specific way so he/she could keep both wheels on the road in a forward motion. Driving a motorcycle is fun, but it’s sometimes less safe than driving a car.

There are many ways a motorist can cause no-contact motorcycle accidents, but the most common are:

  • Not stopping at the red light or at a stop sign
  • Driving too fast
  • Performing lane change in an unsafe manner
  • Tailgating a motorcycle
  • Reckless driving
  • Impaired or distracted driving
  • Not checking blind spots
  • Violating traffic laws etc.

Based on the list of causes we mentioned above, you can see that there can be many different scenarios on how a no-contact motorcycle accident can occur. But we will focus on the two most common scenarios and examine them thoroughly.

Fist scenario – traffic law violation

Let’s saw that a motor vehicle driver (car in this instance) runs through a stop sign at the same moment a motorcyclist (who has the right of way) passes through. In order to avoid colliding with the car, the motorcyclist will swerve and crash somewhere else. This is considered a no-contact motorcycle accident since the car and motorcycle didn’t crash into each other. Now, even without direct contact, there car driver can be held liable for the incident simply because he/she broke the law by not stopping at the stop sign.

Second scenario – unsafe driving

The second, most common scenario which leads to no-contact motorcycle accidents is when a motorist unsafely changes lanes. It’ very common that drivers change lanes without checking their surroundings, blind spot and don’t even use the turn signal. So when merging without warning, you can cause major problems to other motorists and especially to motorcyclists.

When this happens e.g. you merge into another lane and don’t check your blind spots, you can end up “pushing” the motorcyclist into another lane or even worse, into another vehicle or off the road. In this scenario, there was also no contact between the motorcyclist and the other vehicle (let’s say a car) but the car driver can still be liable for any injury or property damage caused to the motorcyclists, if he crashes.

Get legal help

Proving liability for no-contact motorcycle accidents can be difficult because there is no crash between the injured party (motorcyclist) and the party at-fault (the other driver). But with an experienced attorney at Schenk Podolsky you can rest assured that you will get the legal help you need to protect your rights.

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