Questions and Answers about Motorcycle Accident Cases
Q: How I know how the accident happened?
It is important to conduct a thorough investigation. An experienced motorcycle accident attorney will coordinate an accident investigation by collecting all police reports and investigative materials. Also, a motorcycle accident investigator can often analyze the evidence from the accident to reconstruct what happened.
Q: What if my motorcycle had Defective Equipment?
It is important to preserve the evidence from an accident, including taking photographs of the scene and the vehicles involved. Furthermore, after an accident, the motorcycle should be inspected by a qualified technician. If there is some indication that a defective product was involved the evidence, that is, the motorcycle should be preserved and stored as evidence.
Q: What should I say to the other driver involved in the accident or their insurance adjuster?
Under Arizona law, a person involved in a collision has the duty to provide basic information and render assistance as follows:
A.R.S. § 28-663. Duty to give information and assistance; classification
A. The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:
1. Give the driver's name and address and the registration number of the vehicle the driver is driving.
2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.
3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.
However, you should always consult with a motorcycle accident attorney prior to speaking with the other driver’s insurance company. Most experienced motorcycle accident attorneys advise those who are involved in collisions not to speak with the other driver’s insurance adjuster and not to give a recorded statement.
Q: I was partially responsible for the motorcycle accident, can I still recover damages?
Arizona law recognizes the concept of comparative fault. That means that multiple parties may be responsible for an accident and fault can be apportioned among several parties. Therefore, even if you believe that you are at fault for a motorcycle accident, you should consult with an experienced motorcycle accident lawyer to evaluate the case. Even those riders who are more than 50% at fault can make a claim.
Q: How long will my case take?
Every case is different and the time it takes varies based in part, based upon the length of medical treatment. Often a case can be settled within a few months after the medical treatment is completed. However, some cases take longer if a reasonable offer cannot quickly be obtained by the insurance company.
Q: Will my case go to court?
The majority of cases are resolved without filing a lawsuit. There are times, that the insurance company does not offer a fair and just settlement or the insurance company does not accept liability. In those instances, an experienced motorcycle litigation and trial attorney is necessary.
Q: Should I sign a release my medical records to the insurance company?
Typically, in the pre-litigation stage, we do not provide a signed medial HIPAA release to insurance company. A motorcycle accident attorney can obtain all of the pertinent medical records and disclose them to the insurance company with the goal of obtaining a settlement.
Q: Can any lawyer handle a motorcycle accident case?
All lawyers licensed in Arizona are legally able to the handle motorcycle accident cases. However, that does not mean that it is wise. An experienced and competent personal injury attorney who handles motorcycle accident cases can make a difference and can usually obtain the best results for a client who was a victim of a motorcycle accident.
Q: What if the other person has no insurance?
An experienced motorcycle attorney should conduct a thorough investigation before concluding that the other driver was uninsured. If the other driver is uninsured, the motorcycle accident victim’s insurance may have coverage to pay for damages, injuries and expenses. The possible policies are uninsured motorist coverage, medial payments coverage and collision coverage.