One careless lane change by a distracted driver on Loop 101, or a car pulling out from a Kierland Commons parking lot without a second look, is all it takes to cause a lifetime of damage. A Scottsdale motorcycle accident lawyer helps hold inattentive drivers accountable for the harm they caused you.
Get the powerful advocacy you need by calling the team at Law Bear at (309) 365-6510 for a free and confidential case evaluation.
Combating the Unfair Biker Bias
The biggest hurdle for many injured motorcyclists is the immediate and unjust bias they face. Insurance companies and defense lawyers often try to paint a picture of a reckless rider to avoid paying a valid claim.
A skilled Scottsdale motorcycle accident lawyer knows these tactics and how to disassemble them with facts.
Dismantling a False Narrative
Your attorney's primary job is to shift the focus from the unfair stereotype to the other driver's actions. They gather evidence that answers key questions. Was the driver speeding? Were they texting? Did they fail to check their blind spot before changing lanes on Shea Boulevard?
By exposing the driver's negligence, your lawyer shows a jury who is truly responsible for your injuries.
Using Physical Evidence
The physical evidence at a crash scene tells a story without bias. A motorcycle crash attorney in Scottsdale uses this proof to show what really happened.
They analyze the location of the damage, the length and direction of skid marks, and the final resting positions of the vehicles to reconstruct the moments before impact.
The Independent Investigation
The police report is just the starting point of an investigation. Your legal team conducts its own independent and far more detailed inquiry. This often involves returning to the crash scene to check for surveillance cameras on nearby buildings.
Your lawyer can track down and interview witnesses who weren't included in the initial report. They gather every piece of information that builds a strong case for you.
Proving Negligence in Common Motorcycle Crashes
Most motorcycle crashes in Scottsdale aren't random events. They fall into predictable patterns caused by common driver errors.
Some of the most frequent causes of these collisions include:
- Dangerous Left Turns: This is one of the most common ways a rider gets seriously hurt. A car driver fails to judge the motorcycle's speed and turns directly into the rider's path at an intersection on a busy street like Camelback Road.
- Unsafe Lane Changes: Drivers sometimes neglect to check their blind spot and swerve into the lane already occupied by the motorcyclist, often pushing the rider off the road or into another vehicle.
- Rear-End Collisions: Distracted and tailgating drivers frequently fail to stop in time and collide with the back of a motorcycle.
In each of these situations, your legal team works to prove the driver violated a basic rule of the road. They show that the driver's failure to yield the right-of-way, maintain a safe following distance, or check their surroundings was the direct cause of your injuries.
Seeking Full Compensation for Your Losses and Injuries
After a serious motorcycle crash, your damages extend far beyond the initial emergency room bill. You face a long road of recovery, lost income, and the destruction of a valuable possession.
A Scottsdale motorcycle accident lawyer documents each loss to build a comprehensive demand package to present to the insurance company.
This includes demanding payment for:
- All Medical Treatment: Your claim covers the full cost of your past and future medical care, including ambulance transport, surgeries, physical therapy, skin grafts, and medication.
- Total Lost Income: You may receive payment for the wages you have lost and will lose while you cannot work. If you cannot return to your previous career, your claim includes this loss of future earning capacity.
- Property Damage: The at-fault driver is responsible for the full cost of repairing your bike or, if it's a total loss, paying its fair market value, including any custom accessories. Your claim includes the cost of damaged and ruined gear, too.
- Pain and Physical Suffering: This compensates you for the immense pain of your injuries, the discomfort of your recovery, and any chronic pain you are left with.
- Loss of Enjoyment and Lifestyle: You may seek payment for your inability to engage in the activities you love, especially the loss of freedom and community that comes from riding your motorcycle.
Arizona's Helmet Law and Your Claim
While Arizona doesn't have a universal helmet law for all riders, insurance adjusters may still try to argue that your injuries are your own fault if you weren't wearing one. This is often not true. A helmet helps prevent head injuries, but it does nothing to stop a driver from breaking your leg or causing severe road rash.
Your attorney fights to show that your choice regarding a helmet had no impact on the cause of the crash or on your specific non-head injuries.
How Arizona's Lane Filtering Law Affects Your Claim
A common point of confusion (and a frequent tactic used by insurance companies) involves a rider's position on the road. Arizona has a specific law allowing for motorcycle lane filtering, which differs from traditional lane splitting.
Insurance adjusters will deliberately try to blur this line to place blame on you.
Filtering vs. Splitting
In Arizona, lane filtering is legal under specific conditions. It means a rider can move at 15 mph or less between stopped lanes of traffic. This is common at red lights on busy roads like Scottsdale Road or Shea Boulevard.
However, it's not legal to ride at high speeds between moving lanes of traffic, which is commonly known as lane splitting.
How an Insurer Will Use This Law Against You
Some insurance companies will use any excuse to argue you were at fault. Even if you were filtering legally and correctly, they'll try to paint your actions as reckless and unsafe.
If you were in a gray area or technically lane splitting, they may attempt to assign 100% of the blame for the accident to you, claiming the crash wouldn't have happened if you weren't between lanes.
How a Lawyer Fights Back and Protects Your Claim
Your Scottsdale motorcycle accident attorney counters this strategy by focusing on comparative fault. Arizona law acknowledges that more than one person can contribute to an accident. You may still recover compensation even if you were partially at fault for the wreck.
Your lawyer's job is to prove that the other driver's negligence was the primary and most significant cause of the collision, regardless of where your bike was during the crash. For example, even if you were lane splitting, a distracted driver may have suddenly swerved without looking.
Your lawyer works to show that the driver's dangerous action was the direct cause of your injuries. Their goal is to minimize any percentage of fault assigned to you and maximize your recovery by keeping the focus on the negligence that truly mattered.
The Bear's Got Your Back.
Identifying All Sources of Compensation
The driver who hit you may not be the only party responsible for your accident. A thorough investigation may reveal that other individuals or entities also share the blame.
A motorcycle crash attorney in Scottsdale looks beyond the obvious to find every potential source of compensation for your injuries. Finding additional liable parties becomes even more important when a rider suffers catastrophic injuries that exceed a single driver's insurance policy limits.
Your lawyer may investigate claims against:
- The Driver's Employer: If you were hit by a driver who was on the clock and performing work duties (like making a delivery or driving to a job site), their employer may be legally responsible for your injuries.
- A Government Entity: If a dangerous road condition, such as a large pothole, uneven pavement, or a malfunctioning traffic light, contributed to the crash, the city or state entity responsible for maintaining that road shares the fault.
- The Motorcycle Manufacturer: If a defective part on your bike, such as faulty brakes or a defective tire, failed and caused you to lose control, the manufacturer of that part is liable for the resulting harm.
Arizona's Legal Deadline for Motorcycle Accident Claims
In Arizona, the law sets a strict time limit for filing a lawsuit called the statute of limitations. For nearly all motorcycle accident claims, you have two years from the date of the crash to file your suit in court.
If you fail to file within this two-year window, the court will almost certainly bar your claim forever, no matter how clear the other driver's fault was. Contact an attorney quickly: Two years pass very quickly when you're focused on recovering from serious injuries.
Additionally, your legal team needs plenty of time to conduct a thorough investigation, gather evidence, and identify and interview all witnesses. Waiting too long puts your entire case in jeopardy.
Furthermore, some cases have much shorter deadlines. If a dangerous road condition caused your crash, your claim against a government entity like the City of Scottsdale must be started by filing a Notice of Claim within just 180 days.
FAQ for Scottsdale Motorcycle Accident Lawyer
What if the Driver Says They Didn't See Me?
This is the most common excuse negligent drivers use, and it's not a valid legal defense. Drivers have a duty to see what is on the road. A lawyer combats this excuse by using evidence like accident reconstruction, witness statements, and the driver's phone records to show the driver was distracted, inattentive, or simply failed to look properly before causing the crash.
Can I Get Compensation if I Wasn't Wearing a Helmet?
Yes, you still have a right to compensation even if you weren't wearing a helmet. The insurance company will certainly try to use this fact against you to lower the value of your claim, but this argument has significant limits.
Your lawyer fights back by focusing on the facts. A helmet helps minimize head injuries; it doesn't stop a car from crushing your leg, breaking your ribs, or causing severe road rash across your back.
Your attorney holds the driver responsible for every single injury that a helmet would not have prevented, keeping the focus on their actions that caused the collision.
Why Do I Need a Scottsdale Motorcycle Accident Lawyer?
You need a Scottsdale Motorcycle Accident Lawyer because many insurance companies treat these claims unfairly from the very start. You're likely to experience unjust biker bias. Attorneys know how to properly value a motorcycle, including all of its custom parts and your damaged gear.
They also know how to explain the true severity and long-term costs of unique injuries like road rash and complex fractures. Lawyers are skilled negotiators and know how to present evidence in court.
What if a Road Hazard Caused My Crash?
If dangerous road conditions (e.g., pothole, loose gravel, poor intersection design) caused your accident, you might have a claim against the responsible government entity. These claims have short deadlines and specific requirements, so contact an attorney immediately to protect your rights.
How Do I Get Compensation for My Damaged Bike?
A Scottsdale motorcycle accident attorney can help you seek compensation for the full cost of repairing your motorcycle to its pre-accident condition. If the cost of repairs is more than the bike's value, the insurance company will declare it a total loss.
In that case, you may receive payment for the bike's fair market value, including any custom parts, modifications, and accessories. Your attorney will fight to make sure the insurance company's valuation is fair.
Ride Toward Justice
On the road, a two-ton vehicle holds all the physical power, but that power shifts in the pursuit of justice. Holding a careless driver fully accountable is the only way to secure the resources you need to cover your medical care, rebuild your life, and get back on your feet.
Let us connect you with a strong legal advocate who will stand up and fight the unfair bias for you. The team at Law Bear is here 24/7 to listen to your story and get you the help you need. Call (309) 365-6510 for your free case evaluation and start your journey forward today.