Riding a motorcycle can be dangerous, largely because of the unpredictable and often bizarre actions of other drivers who share the road with motorcyclists. We represent victims of serious motorcycle and motor scooter injuries, including fractures, severe and disfiguring road rash and burns, spinal cord injury, head or brain injury, and other catastrophic injuries. We investigate the accident scene to take photos, interview witnesses, reconstruct the conditions that led to the accident, and employ engineers and medical experts if needed to obtain the maximum compensation for victims. We can come to your home or hospital, including evenings and weekends, or meet you at our Scottsdale, Arizona office.

Hire an Attorney Who Rides Motorcycles and Understands What You are Talking About.

Clark Watkin has ridden and raced motorcycles since the late 1970's, and though his racing was admittedly all off-road and motocross, he understands and appreciates how quickly a peaceful street or off road-ride can turn into a nightmare, all because of an inattentive, reckless, intoxicated or malicious driver. The other drivers are usually tucked safely behind the wheel of a big car or truck, but even other motorcyclists can cause crashes with serious or deadly consequences. Unlike four wheeled passenger vehicles, a motorcycle offers virtually no protection to the operator and passenger. There is nothing between the rider and the road except for the clothes he or she is wearing, maybe a helmet, and occasionally a quality set of leathers.

Free Consultation: (480) 281-3838: No Fee Without A Recovery

Especially where accidents involving motorcycles are concerned, a car making a left turn is almost always liable for a collision with a vehicle coming straight in the other direction.

Like other personal injury cases, a motorcycle accident case will generally be brought under the theory of negligence. To establish negligence, the injured party must prove that the other party failed to exercise reasonable care, which directly caused the injured party's injuries. Negligence claims are common in situations in which another driver hits the motorcyclist from behind or head-on; makes a left turn in front of the motorcycle, or pulls out or turns in front of a moving motorcycle, perhaps from a driveway, shopping center or business. All too often the at-fault driver claims he "never saw the motorcycle," "didn't see it until it was too late," or "thought the motorcycle headlight was just a car in the distance."

So What Should You Do?

If you have been injured - or a friend or family member killed - in a motorcycle accident, then in addition to seeking all reasonable and necessary medical care -- and legal counsel -- you should take steps to protect and preserve your legal rights and remedies so that IF YOU CHOOSE you may pursue a claim for the recovery of monetary damages to compensate you for your injuries.

Assuming you are reading this after the incident, there may still be steps you can take. For example, if the police attempt to interview you (at the accident scene, in the ambulance, at the hospital or even at your home), give them accurate and always truthful information (name, address and the relevant facts about the accident); but do not accept blame or admit fault for the accident, even if no other vehicles were involved!

With regard to medical treatment, keep (or obtain) copies of all of your medical records relating to the incident. In addition, keep all bills relating to your medical treatment, as well as any other expenses related to your accident (repair expenses, rental vehicle, costs and wages lost because of missed work, etc.) All of this information is likely going to be relevant to the eventual calculation of your total "damages."

If you are able to do so, try to identify any other drivers or pedestrians who witnessed the accident and write down their names and phone numbers. In addition, exchange names, addresses, telephone numbers and insurance information with the driver(s) of the other vehicle(s) involved in the accident. As soon after the accident as possible, take photographs of the scene to record evidence and the road conditions. Photographs of your injuries and damage to your motorcycle or other property are also important to have.

IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."

What Should You Expect?

Depending on your particular situation, it may be necessary to hire expert witnesses to assist with building your case. Experts in crash reconstruction or motorcycle mechanics may be able to assist with determining the cause of the crash and the defendant's potential fault.

If you bring a negligence action against another driver, that driver may argue that your own negligence is at least partly responsible for your injuries. The doctrine of comparative negligence may reduce or limit your recovery if you are found to be partly at fault for your injuries. In Arizona, an injured party's fault is not a bar to recovery if his or her negligence is not as great as the negligence of the defendant, with a reduction in damages proportionate to his or her degree of fault.

Like all accidents involving motor vehicles, there can be any number of "causes." As stated above, many drivers of passenger cars and trucks fail to see motorcyclists -- until just before or just after they hit them! Also, if either the passenger vehicle or the motorcycle is speeding or driving recklessly, the odds of a tragedy only increase. Both car drivers and motorcycle riders can be found negligent if they drive aggressively, speed, do not pay attention or drive too close to the vehicle in front of them.

Alcohol Use

Alcohol is a contributing factor in many fatal motor vehicle accidents, including motorcycle crashes. Recent reports from The Insurance Institute for Highway Safety reveal that over 25% of fatally injured motorcyclists had blood alcohol concentrations (BAC) at or above 0.08%, only slightly less than the percentage of fatally injured passenger vehicle drivers.

Resolution of the Case

It may be possible for the parties to resolve the dispute through settlement or alternative dispute resolution (ADR) such as mediation or arbitration. If the parties agree to binding arbitration, they are bound by the decision of a neutral arbitrator. Some states require litigants to go through alternative dispute resolution in some form.

In the absence of a settlement or ADR, the case will go to trial. At trial, the attorneys for each side present evidence and arguments, and the judge or jury decides the unresolved issues. Once the judge or jury has reached a decision, the judge will enter a judgment for the winning party. Either or both parties can appeal a judge's decision to a higher court. Settlements usually cannot be appealed if both parties agree to their terms.

Contact The Watkin Law Office

We have set out in another section of our website many of the "Frequently Asked Questions" that apply to most motor vehicle incidents. Take a look and see whether or not they address your concerns. Then give us a call.

Contact us online or call at 480-281-3838 to arrange a consultation. When results matter, choose The Watkin Law Office, P.C.