Every year Arizona sees nearly 3,000 traffic accidents involving motorcycles. Of these, 79% involve serious injuries. Motorcycle accidents are devastating for both the victim and their family. If you or a loved one have been the victim of a motorcycle accident, you may be entitled to financial compensation. Seeking legal help from a motorcycle accident lawyer in Mesa is one of the best decisions you can make. That’s because a successful legal claim can provide an injured or bereaved party the financial and emotional relief they need to cover everything from medical bills and lost wages to the pain and suffering associated with an accident.
Why Choose Esquire Law?
Esquire Law is a highly respected and reputable personal injury law firm that specializes in getting injured parties the compensation they deserve. Our skilled team of attorneys is passionate about representing their clients and has a proven track record to back their passion.
Commitment to Our Clients
We understand better than almost anyone else the traumatic effects of an injury or accident. With years of experience under our belts, our dedicated team of attorneys takes pride in advocating for victims of these misfortunes. Getting you the financial help that you deserve is our passion.
Experienced Legal Team
Esquire Law is a trusted legal advocate serving accident victims across Arizona and Utah. Our attorneys are experienced in local and state laws in these areas, so you can trust they will have your back in the courtroom.
Free Case Evaluation
If you or someone you love has been the victim of an accident or injury due to another party’s negligence, chances are you are entitled to financial compensation. If you suspect that legal action may be warranted, we’re here to help. When you visit our website, you can fill out our free case evaluation form for review by an attorney on our legal team.
Excellent Case Results & Highly Satisfied Clients
Esquire Law’s highly successful case results speak volumes about our experience in handling personal injury and car accident lawsuits. We’ve earned our clients hundreds of thousands of dollars in financial compensation through successful suits. You can see the numbers for yourself here. Additionally, we have a high client satisfaction rate for personal injury lawsuits in the Mesa, AZ area. We maintain a 4.8-star rating on Google. Visit our testimonials page to hear more about us from our happy clients.
Common Causes of Motorcycle Accidents
Motorcycle accidents are very dangerous to all parties involved. One of the best ways to protect yourself from an accident and to know when to take legal action is by being aware of the common causes of motorcycle collisions:
- Speeding
- Distracted driving
- Drunk driving
- Road hazards
- Mechanical defects
- Inexperienced drivers
- Failing to check blind spots
If any of the incidents listed above resulted in your motorcycle collision in the Mesa, AZ area, you may be entitled to compensation. For more information about the compensation you are due, fill out our free online case evaluation form and an attorney from our team will get back to you with legal advice as soon as they can.
Common Injuries in Motorcycle Accidents
Statistics show that motorcyclists are 30 times more likely to be injured or die in an accident than the driver of a passenger vehicle. That’s because motorcycles provide less protection from impact than cars and other passenger vehicles do. Depending on the type of crash, speed, and other variables a motorcyclist will most likely make a direct impact with the road or get violently thrown from the bike. Because of these factors, motorcycle accidents are some of the most destructive.
Some of the most common injuries related to motorcycle accidents include:
- Injuries to the lower body
- Injuries to the torso including broken ribs and punctured lungs
- Head injuries like traumatic brain injuries and concussions
- Injuries to the spine
- Broken bones
- Lacerations
- Amputated limbs
- Internal bleeding
- Burns
- Disfigurement
- Fatal injuries
Steps to Take Immediately After a Motorcycle Accident
Motorcycle accidents can be horrific. Knowing what to do in the immediate aftermath of a crash can be very valuable. Here are the steps that our experienced team of lawyers recommends you take if you are involved in an accident:
1. Ensure the Safety and Well-Being of All Parties
Your first priority after an accident of any kind is to ensure your safety and the safety of everyone else around you. If possible, move yourself and your bike off of the road. The median or the shoulder of the road are some of the safest places you can relocate to until the police arrive. If you’re unable to move, stay put until help arrives. In this case, moving around may increase the severity of your injuries.
2. Call 911
Your next line of defense is to call the authorities. No matter how large or small the accident is, it is absolutely vital that you get a police report of the incident. This report will detail the parties involved, the nature of the accident, the statements of the involved parties, and the observations of the responding officer. Not only does this report play an important role in insurance claims, but it can also provide vital details for your Mesa motorcycle accident personal injury claim. These documents provide essential proof for a successful legal case.
3. Document the Scene
One of the most important steps in this entire process is capturing detailed photos, videos, and voice recordings of the accident. Capture ample footage of your motorcycle and any other vehicles involved. Be sure to photograph the scene and surrounding area including street signs and road conditions. Don’t forget to take photos of your injuries as well. As you go through this process, if there is anything that seems of note to you, be sure to capture it as evidence in your motorcycle accident lawsuit.
4. Exchange Information With the Other Driver Involved
If the other driver or drivers involved are not injured so severely that they cannot safely exchange information, do so as calmly as possible. It can be easy to get emotional in the heat of the moment, but make sure to keep a level head and collect the following:
- Driver’s name and contact information – preferably their phone number
- Insurance company and policy information
- Vehicle make, model, and license plate number
When speaking to others involved, it is very important that you don’t admit or discuss blame or the details of the accident outside of known facts. You may feel the need to apologize or express your concerns, but even the most harmless comment can lead to a guilty conviction, even if you weren’t at fault. Innocent comments can easily be misconstrued as an admission of fault. Simply exchange information and stick to facts.
5. Gather Witness Statements
Witness statements are invaluable to your case. Get the complete contact details of anyone who saw the accident happen. Their accounts are a powerful asset in determining who is at fault so you can secure a fair outcome in an insurance claim or lawsuit.
6. Seek Medical Attention
While this step may seem obvious, many victims of motorcycle accidents overlook it if their injuries aren’t severe. However, it’s always a good idea to see a doctor after a motorcycle accident. Some injuries including whiplash do not show symptoms until long after the fact and can get worse with time. Motorcyclists are especially vulnerable to unseen internal injuries such as internal bleeding.
7. Do Not Discuss the Case
One of the biggest mistakes that victims of an accident make is discussing the case or claim with anyone other than their lawyer. This includes the other parties involved, their insurance company, or even your friends and family. Another huge mistake those involved in an accident make is posting about it online or on social media. You don’t want to leave any sort of physical or digital evidence that can be misconstrued. Insurance companies will do almost anything to avoid a payout including twisting your words. Anything you say, share, or post can be used against you later.
8. Contact a Mesa Motorcycle Accident Lawyer
Last but certainly not least in the list of steps to take after a motorcycle accident is to get in touch with a personal injury and motorcycle accident lawyer in Mesa. A member of our team at Esquire Law will be happy to provide legal advice and ensure that you get the compensation you deserve. We are specialists in making sure that you get as much compensation as possible from the insurance company and will support and represent you wholeheartedly if you decide to pursue a lawsuit. We can ensure that you don’t say or do anything that might interfere with your claim and will advise you on your rights.
Proving Fault in a Motorcycle Accident in Mesa, AZ
If you’ve been involved in a motorcycle accident in Mesa, it’s important to gather everything you need to establish who is at fault. Proving who is at fault for the motorcycle accident is essential to getting the compensation you need. To determine who is at fault follow these steps:
1. Gather Evidence
The first thing you need to do after a motorcycle accident is gather evidence including photos and videos of the scene, your vehicle, other vehicles involved, and your injuries. You should also collect the contact information of any witnesses so you can contact them to get their witness statements to use as evidence.
2. Work With An Attorney to Build a Case
The next thing you need to do is to build your case. You’ll want to work with an experienced attorney who specializes in motorcycle accidents as you put the case together because they will analyze evidence and create a strategy for proving fault. They will know better than anyone else what insurance coverage you’re eligible for and what kinds of financial compensation are available to you after your accident.
3. Elements and Proof of Negligence
For someone to be held liable for your injuries, you must prove that they acted negligently. This will be your attorney’s job. There are four main elements of proof of negligence:
- Duty: First, your attorney must prove that the other party owed you a duty of care. This means that they have an obligation to act in a way that would have protected you and any others on the road from harm. Anyone who gets behind the wheel of a vehicle has a duty to operate that vehicle safely, so duty is easy to prove.
- Breach: Once it has been proved that the other party owed you a duty of care, you must demonstrate that they breached that duty. Essentially, you must prove that they failed to act in a way that a responsible person would have under the same circumstances. For example, if another person was driving drunk and crashed into your motorcycle, they would have breached their duty of care because a reasonable and safe driver would never drive drunk.
- Causation: Next, you and your attorney will need to provide evidence that the other party’s breach of duty was the direct cause of your accident and any other injury or damages that resulted.
- Damages: Finally, you must present evidence that you suffered damages from the incident. This could include financial damages including medical bills, lost wages, or damage to your property. It can also include emotional and physical damages including injuries, pain, and suffering.
Shared Fault and Comparative Negligence
Even if you’re partially at fault for an accident, you may still be able to recover compensation. If you or someone you care about was involved in a motorcycle accident in Mesa and you’re planning to file a personal injury lawsuit, it’s important to understand how fault will be determined in your case. In the state of Arizona, pure comparative negligence is used to apportion fault among parties involved in the accident.
In simpler terms, even if you are partially responsible for the accident, you may still be able to receive compensation for the damages. However, your compensation will be decreased by an amount equal to your percentage of fault.
For example, let’s say you’re struck by a vehicle that ran a red light. But let’s also say that you entered their path of damage because you rolled a stop sign. You may assume there’s no chance of receiving compensation. However, any good attorney will tell you that this is entirely untrue. Under Arizona’s doctrine of pure comparative negligence, even though you were partially at fault, you would still be able to recover some compensation from the other driver. That compensation would just be reduced by your percentage of fault.
Types of Compensation Available to Victims of a Motorcycle Accident in Mesa
If you or a loved one were involved in a motorcycle accident in Mesa, you may wonder if the compensation available is worth the hassle of filing a lawsuit or hashing it out with the other party’s insurance company. However, significant financial compensation may be available to you. While compensation eligibility varies case-by-case, here are some of the compensation that is generally available to victims of a motorcycle crash:
Medical expenses
Coverage of medical expenses incurred as a result of an accident is one of the most significant forms of compensation available to victims. Medical expenses can include everything from ambulance fees to hospital stays, surgeries, and rehabilitation.
Further, if your injuries are so severe or life-changing that you will require long-term medical care or assistance with daily activities, you may be eligible for long-term compensation. That is why it is important to understand the full extent of your injuries and their financial implications before making your case. You want to make sure you get everything that you are due, especially in the long term.
Lost wages
After an accident, it can be difficult to get back to work. Oftentimes, long periods of leave are required as you recover from severe injuries and emotional damages. This can wreak financial havoc on you and anyone else who relies on you. That’s why compensation for lost wages is important to pursue. Lost wages are defined as any income you would have earned if you had not been in the accident. This not only includes your regular salary or hourly wage but also any bonuses or commissions you would have been paid if you hadn’t been in an accident.
Property damage
If your motorcycle was damaged or destroyed by an accident, you may be able to recover the cost of repairs or replacement from the other driver’s insurance company or through a personal injury lawsuit. An attorney from our team at Esquire Law can help you get the best possible outcome in either case.
Pain, Suffering, and Emotional Distress
In addition to financial damages, you may be able to receive compensation for intangible elements like emotional damages as well. However, there is a caveat. Emotional damage can be extremely difficult to quantify. To recover these types of damages, you will need to work with your Mesa motorcycle accident lawyer to provide evidence of the physical and emotional anguish brought on by the accident.
Wrongful Death
After a fatal motorcycle accident, the family of the victim will not only be devastated by their loss but they can also be left with enormous medical expenses and other costs. Luckily, the law protects these individuals after tragedy with the help of a good motorcycle accident lawyer in Mesa, the bereaved can receive compensation for the following:
- Funeral and burial expenses
- Loss of the deceased’s income
- Loss of companionship, guidance, comfort, and protection
- Loss of consortium
- Pain and suffering endured by the victim before death
- Medical bills incurred as a result of the ancient
- Punitive damages (in some cases)
- Loss of inheritance, loss of benefits
- Emotional and mental suffering
- Property damage
Benefits of Hiring a Motorcycle Accident Lawyer in Mesa
In Mesa, motorcycle riders face real dangers on high-traffic roads like the US 60 and Loop 202. Our legal team has represented injured riders across the East Valley and throughout the Phoenix metro area. With deep knowledge of Arizona motorcycle laws and local insurance tactics, we know how to fight back when riders are unfairly blamed after a crash.
Additionally, motorcycle accidents are unique in that the damages incurred from a motorcycle crash tend to be much more severe than car crashes and other accidents. Due to the exposed nature of motorcycles and scooters, drivers are more vulnerable to life-changing injuries and damages. A Mesa motorcycle accident lawyer will be aware of this and will know exactly how to get you the compensation you deserve.
If you or someone you care for was involved in a motorcycle accident in Mesa, consider reaching out to our skillful team of car and motorcycle accident lawyers at Esquire Law. Boldly representing clients and getting them the compensation they deserve is our passion, and we work tirelessly to deliver.
Call a Motorcycle Accident Lawyer in Mesa Today
If you or a loved one were involved in a motorcycle incident, it is essential to act fast so that you can get the financial and emotional compensation you deserve. Our team of motorcycle attorneys at Esquire Law are on-call and waiting to hear about your case. Give us a call or fill out a free online case evaluation to get in touch with a Mesa motorcycle accident lawyer today so they can start building your case.
FAQs
Motorcycle crashes often result in more severe injuries because of the lack of protection motorcycles offer. Our team can assist you in constructing a robust case. This will ensure you receive compensation for the complete extent of your motorcycle accident injuries.
Not wearing a helmet can potentially impact your claim. Not wearing a helmet doesn’t automatically put you at fault, but it might impact your compensation amount. Our experienced personal injury attorneys can help you understand the implications of your specific case.
What is the most important thing to do after you’ve been in an accident? The first thing that you should always do is call the police. If they’re not willing to make a report, then you want to make sure that you document everything. Take photos of the vehicles, the insurance cards, the license plates, and the scene. Look around for witnesses—did anyone see the accident who can help you? Are there any cameras nearby where you can collect footage?
After that, the most important thing is to get medical treatment. Even if you don’t feel seriously injured, you should still get checked out. Often, adrenaline masks pain at the scene, and injuries can show up later. Documenting your injuries and symptoms early is one of the most important parts of bringing a successful claim.
A lot of times, when you’re in an accident, you don’t feel symptoms right away because your adrenaline is running high and you’re nervous and scared. Then later, you go home, and your symptoms start to develop, and they may develop slowly over time.
But the longer you wait to see a doctor, the more likely it is that the insurance company is going to say that something happened between the accident and the doctor’s visit that caused your injuries. They’re not going to believe that you were just at home, hoping you would get better.
The insurance company is always looking for someone else to blame for your injuries, whether they say it’s pre-existing or caused by something after the accident.
If you don’t go to the doctor right away, document your symptoms, and treat as your doctors tell you to until you feel better, the insurance company is going to argue that the car accident wasn’t the cause of your injuries, and they won’t pay you for them.
Unless you receive a policy limits offer, you should never accept the first settlement offer. Insurance companies live by under-settling your claims. They want to pay you the least amount of money so that they can increase their profits.
That is why we always advise clients never to accept the first settlement offer, and talk with an attorney about your options and what steps to take next. You would be surprised how beneficial it is to hire an attorney and how they could increase that offer from what the insurance company has already presented you with.
Insurance companies offer fast money for one sneaky reason.
What do you do if, after a crash, the insurance company is all over it? They’ve got someone evaluating your motorcycle or car, they’re offering you a check, maybe $5,000, and they’re ready to pay you right now.
Why do you think they’re so eager to get this done so quickly? They want you to take it and sign away your rights before you have the opportunity to speak with a lawyer.
Don’t fall for that trick.
The biggest red flag from an insurance company:
– You’re not at fault for the accident, and the insurance company tries to blame you? Huge red flag.
– You were in a big accident, and the insurance company tries to get you to sign a document for a small amount of money? Huge red flag.
– You’re trying to make a claim, and the insurance company is giving you the runaround and delaying your claim? Huge red flag.
– Insurance company is trying to get you to sign a release immediately? Huge red flag.
– Insurance company is offering you pennies on the dollar? Huge red flag.
– Insurance adjuster is not returning your calls? Huge red flag.
– Insurance company isn’t answering the phone? Huge red flag.
– Insurance company telling you that you can resolve it with them, and you don’t need representation? Huge red flag.
– Insurance company telling you not to worry about it, and they’ll pay for your medical bills? Huge red flag.
– Insurance company telling you, “Oh, don’t worry about it, just take this money and if you need treatment later, call us back”? Huge red flag.
– Insurance company treating you like a number, not a human being? Huge red flag.
One of the most common questions we get from clients is, what is my case worth? And here’s how we break it down. There’s honestly no way to know what your case is worth at the very beginning. And I generally tell clients—any lawyer that’s giving you a concrete amount or telling you what your case is worth is lying to you. There are so many factors that go into the value of your case.
Those factors include:
Applicable insurance coverage:
– How much coverage is there?
– What are the policy limits?
– Does the person at fault have insurance coverage?
– Does the person at fault have assets?
– Do you have underinsured or uninsured motorist coverage?
That’s the beginning. What also goes into how much your case is worth would be your damages—so the question becomes, what are your injuries? What is it going to take to get you better? And what does your future look like?
Another thing that goes into how much your case is worth is whether or not you have lost wages, pain and suffering. There are so many factors, and there’s no way to know right away the value of your claim. It takes time.
If I am partially at fault for the accident, how does the percentage of fault get calculated? There’s no real formula. It’s really a back-and-forth argument between the insurance company and you or your attorney.
The more evidence your attorney can collect to place blame on the other driver, the less fault percentage will be placed on you. It’s really just kind of a battle.
The only way that fault percentage is truly calculated is if your case goes to trial, and a jury decides the percentage based on the evidence presented.
You were just in a truck accident. Who do you think is responsible for paying for your damages? The answer might surprise you. You might think that when you’re in an accident that the only person responsible for paying for your damages is the other driver.
In reality, there are a lot more options that we can look into for you. A lot of people can be responsible for your damages, whether that be:
– The driver
– Another passenger in the vehicle
– The owner of the vehicle, if it’s a different person from the driver
– A company that owns the vehicle
– Your insurance company, if you have the right insurance
– Maintenance workers
– Negligent HOAs
Really, there’s a whole list of possibilities for you, depending on your case, that you can recover money from.
Some people might think that we are just passive on cases. That’s all we do is wait for you to finish with the doctor’s appointments, then tell the insurance company you’re done treating, and get an offer for you. That is not the case at all.
A good personal injury attorney will hire experts to review everything. They’ll be in contact with:
The police department
Any witnesses
Any medical providers
The hospitals
The ambulances
Lawyers want to understand every detail of your case possible. And that does not come without lots of phone calls, lots of hard work, lots of emails, and lots of time. We research all the case law that’s available. We research the conditions of the road. We go to the scene of the accident. We go to the scene of the slip and fall and take pictures, ask people if they saw anything—all for you. You might think that we are only talking a little bit back and forth with the insurance company, but it is so much more than that.