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Gilbert Motorcycle Accident Lawyer

Unfortunately, motorcyclists lack the protection an enclosed vehicle provides, and as such, motorcycle accidents often lead to very severe, and sometimes fatal injuries. A Gilbert motorcycle accident lawyer could investigate the facts of the crash and help you recover damages in a personal injury lawsuit. Reach out to a dedicated personal injury attorney today. En Español.

Gilbert Motorcycle Laws

Just like any other motorist, motorcycles are required to adhere to all Arizona traffic laws. Title 28 of the Arizona Revised Statutes also details some laws specific to motorcycles in the state. A.R.S. §28-964 requires motorcycle riders under the age of 18 to wear a protective helmet at all times. Motorcyclists are required to obtain a Class M license to operate a motorcycle and must wear goggles, glasses, or a transparent face shield when riding (unless the motorcycle has a protective windshield).

Motorcycles must be equipped with footrests, a seat, rearview mirrors, and original manufacturer’s muffler or noise reduction parts. Also, motorcycles must be equipped with a minimum of one but not more than two headlamps. Rules of the road that motorcyclists and other motorists must adhere to include the following:

  • Motorcyclist are permitted to enjoy the full use of a lane and no individual driving a motor vehicle should deprive them of that use
  • Motorcyclists are not permitted to ride more than two abreast
  • Motorcyclists must not use the same lane as a vehicle when passing that vehicle
  • Motorcyclists are not permitted to drive between two traffic lanes heading in the same direction (otherwise known as lane-splitting)

Causes of Gilbert Motorcycle Accidents

When a motorcycle accident occurs, many people, including the insurance company, may assume the motorcyclist was at fault. However, many motorcycle accidents occur through no fault of the motorcyclist. Common causes of these types of accidents include:

  • Being hit by a flying object
  • Being hit by a vehicle that is following too closely
  • Being hit by a vehicle’s extended mirror
  • Being hit by a merging vehicle
  • Windblast from larger motor vehicles
  • Mechanical failures
  • Poor roadway conditions

Proving Fault in a Gilbert Motorcycle Crash

In motorcycle collision matters, determining who is at fault involves identifying who was negligent or careless. For example, running a red light, drunk driving, distracted driving, reckless driving, speeding, and following too closely are all actions that could result in a driver being found negligent for the motorcyclist’s injuries.

Arizona follows the pure comparative fault rule, which reduces the amount of damages an injured victim can recover based on the percentage of fault they are assigned. This means that even if the motorcyclist is partially at fault for their injuries, a Gilbert motorcycle collision lawyer could still help them recover damages. If, for instance, the plaintiff was assigned 20 percent of the fault for the accident, they could only recover 80 percent of their damages because of Arizona’s pure comparative fault laws.

Pursuing Compensatory Damages

Gilbert motorcycle crash victims generally have two years from the date of the accident to file a lawsuit for damages. If the plaintiff does not present their claim by the statutory deadline, the court could refuse to hear their case. Arizona courts award both economic and non-economic damages in motorcycle injury cases.

Examples of economic damages include property damage costs, medical bills, future estimated medical bills, and lost wages. Pain and suffering, loss of consortium, loss of enjoyment of life, emotional distress, and other non-monetary damages are all examples of non-economic damages. For help with recovering damages, reach out to a dedicated lawyer.

Call a Gilbert Motorcycle Accident Attorney to Learn More

If you have been severely hurt in a motorcycle crash, your interests could best be served by speaking with a Gilbert motorcycle accident lawyer. An attorney could evaluate your case and help you determine whether you have a viable claim to pursue. Call now to learn more about what effective legal representation could do for your case.

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