Many parties can be at fault for motorcycle accidents. In most cases, those at fault do something unreasonable to cause the collision—lawyers refer to such unreasonable action as negligence. Car, truck, and SUV drivers can be negligent, as can municipalities, motorcycle manufacturers, motor vehicle manufacturers, and pedestrians.
Determining who is at fault for a motorcycle accident is important, as the conclusion has financial implications. Allow an Arizona motorcycle accident lawyer not just to determine who is at fault for your accident but to identify liable parties and fight for your full and fair financial recovery.
With motor vehicles and riders traveling packed roads in various weather conditions at all times of day, there are countless ways for accidents to happen. Some of the most common examples of at-fault parties causing motorcycle accidents include:
Some motorists understand the danger that a speeding, multi-ton vehicle poses. They’re cognizant of the fact that riders and many others can lose their lives if they do not drive with the utmost care. Statistics indicate that many drivers are far more careless.
Some behaviors that undoubtedly increase the likelihood of a traffic accident include:
Hundreds of thousands of accident victims suffer injuries each year due to distracted drivers alone. Even more suffered an injury and were killed due to drunk drivers, speeding drivers, and other careless motorists.
Riders are among the populations most vulnerable to drivers’ carelessness, as they don’t have the structure of a vehicle around them for protection.
Read more: Common Causes of Motorcycle Accidents
Taxpayers assume that some portion of state and federal revenues are going to ensure safe driving conditions. Yet, riders and other motorists are routinely injured because of:
Maintaining safe driving conditions is a 24/7 job, but municipalities too often fall far short of the calling. Even when road improvements are underway, hazardous work zones can endanger riders and other travelers.
Motor vehicles can strike a pedestrian without the driver or passenger suffering injury. This is far less likely if a motorcycle hits a pedestrian. In fact, it’s more likely that:
Even if a pedestrian is also injured in the accident, they are at fault if they entered a rider’s path without the right of way.
Read more: What to Do After a Motorcycle Accident
Few defective products are more dangerous than motorcycles, cars, trucks, and other motorized vehicles. The consequences of such defective products can be life and death.
If any defect in a motorcycle or other motor vehicle contributed to your accident, your lawyer will determine who is at fault. The product owner and manufacturer are two parties they will evaluate for negligent behavior.
Insurance-specific laws in many states, including Arizona, place the financial burden of an accident largely on the at-fault party. This makes it vital for your motorcycle accident lawyer to prove who was at fault for your motorcycle accident.
Some types of evidence and information your attorney may use to prove fault are:
Firsthand accounts can be valuable when determining fault, though the issue of bias is always present. Your motorcycle accident attorney will:
Even if it’s not in their interests, those who cause motorcycle accidents sometimes admit fault—whether out of guilt, an ethical instinct, or a lapse in judgment. Your attorney will leverage any such admission of wrongdoing when building your case.
An accident scene can provide critical pieces for your lawyer’s puzzle of evidence. Some vital evidence may include:
Motorcycle accident lawyers and their team members are ready to respond to accident scenes at the drop of a hat, as they know how important the evidence at the scene may be.
Experts have an air of credibility that can enhance a motorcycle accident case. This is why motorcycle accident lawyers often rely on experts to:
Attorneys never know what evidence will be available in a motorcycle accident case. They must investigate urgently and make the most of the available, proving fault based on the facts and evidence at their disposal.
Proving fault for a motorcycle accident is a step that lawyers can’t afford to skip, but it will not be the only step required to complete your case. Your motorcycle accident attorney may also:
The timeline for each case is different. No experienced lawyer should guarantee their client a deadline for resolving the case, as many variables are beyond their control. However, your lawyer should guarantee that they will work hard and resolve your case as soon as possible—and strive to secure all the compensation you deserve.
Motorcycle accident lawsuits happen. They don’t happen in most cases, but they do happen. Some reasons why an injured rider can decide to sue include:
If a rider wants to sue, they often have the right to. If your case requires a conversation, your motorcycle accident attorney will review this strategy with you and lead any lawsuit or trial you want to pursue.
Your lawyer will calculate the value of your case by evaluating individual losses. Once they have assigned a financial value to each of those losses, they will know the total amount of money you deserve.
Some of the losses your lawyer may discover are:
No injured rider should have to put off medical treatment for financial reasons. Your lawyer’s settlement demands will include the cost of any accident-related care you receive, which may have included:
Riders’ injuries are often severe and can even affect the rider for the rest of their life. Your lawyer will seek compensation for any present and future medical care you’ll need.
Pain and suffering means more than just pain and suffering. This is a legal term that can refer to many hurdles one might face as an injured rider, including:
Attorneys know pain and suffering when they encounter it, and your attorney will listen to your story to identify how you’ve suffered. Your law firm may also hire one or more counselors and doctors to diagnose conditions like PTSD and depression.
Property costs are a recurring damage in motorcycle accident cases. From repairs for your bike to temporary transportation costs, your lawyer will calculate all property damage as they compose their settlement demands.
Injured riders are often unemployed workers. Some professional harm that can happen because of a motorcycle accident includes:
If you face a prolonged work absence, you might even lose promotions, job interviews, benefits, and other high-value opportunities.
In any given year, more than 6,000 riders in the United States can die because of their accident-related injuries. These are the most devastating cases, as they inflict permanent damage in every instance.
If you’ve lost a loved one, turn to a lawyer. An attorney’s services and support may be priceless during an unfathomably difficult time in your life. Your lawyer will demand fair compensation for all of your damages, which may include:
Let an attorney sort out the details of fault, damages, and case values. Focus on your recovery from an accident, whether you or a loved one was the party involved in that accident.
Those who do not prioritize their search for an Arizona personal injury lawyer may:
Avoid these potentially expensive problems by looking for your lawyer today. Law firms generally offer free consultations, so make some calls and hire the firm you’re most comfortable with.
Often the turning motorist. In 46% of fatal two-vehicle motorcycle crashes (2023), the other vehicle was turning left while the motorcycle was going straight/passing/overtaking. Failure-to-yield at intersections is a leading pattern.
Key takeaway: Intersection left-turns are the classic fault scenario to investigate first.
Yes. Arizona uses pure comparative negligence: your award is reduced by your % of fault (e.g., 20% at fault → 80% recovery). There’s no comparative right if your conduct was intentional/willful/wanton.
Key takeaway: Partial fault lowers—doesn’t erase—recovery (unless misconduct is extreme).
Classic lane-splitting is prohibited, but limited lane filtering is allowed: on roads ≤45 mph, only when traffic is stopped, and you travel ≤15 mph (A.R.S. §28-903(F)). Filtering within these rules isn’t negligence per se; fault still turns on facts.
Key takeaway: Filtering legally? Document that the road speed and traffic conditions met §28-903(F).
Helmets are required under 18; adults aren’t required to wear one. Eye protection is required for all riders unless the bike has a windshield (A.R.S. §28-964). Non-use can be argued in damages if it worsened injuries, but it isn’t an automatic fault finding for adults.
Key takeaway: Know the rule: helmet (under 18); eye protection for everyone unless windshield.
Start with the police report, photos/video, vehicle damage, witnesses, and (when needed) reconstruction experts. In Arizona, an officer must file a crash report when there’s injury, death, a citation, or ≥$2,000 damage; drivers must immediately notify police when injury/death occurs (A.R.S. §28-667, §28-666).
Key takeaway: A compliant police report anchors liability in most motorcycle cases.