Arizona Motorcycling Laws
Understanding Motorcycle Laws in Arizona
Injuries arising from a motorcycle accident are generally covered by the same Arizona personal injury law that applies to other motor vehicle accidents. However, there are many special considerations to take into account when analyzing a motorcycle accident case.
Injured motorcyclists often face greater difficulty obtaining the compensation they deserve. Insurance companies tend to convince motorcyclists that they were at fault for their injuries. Specifically, if the driver was not wearing a helmet or were not in plain view of an automobile driver.
The Role of Helmets and Other Precautions
Arizona does not have a motorcycle helmet law, resulting in more motorcyclists choosing not to wear a helmet. As a general rule, the insurance companies will believe that you operated in an unsafe manner if you choose to ride without a helmet and or make poor driving decisions, ultimately resulting in a reduction of recovery. This does not eliminate the chance of recovery if the driver was at fault.
It is important to understand for personal injury purposes that failing to wear a helmet does not mean you do not deserve compensation for your injuries. Still, the insurance companies will place blame on you for any injury that could have been prevented by wearing a helmet in an attempt to deny you compensation for your injury. Each case is unique, and cases in which the motorcyclist was not wearing a helmet may require different negotiation strategies and, if litigated,
When They Say, “I Didn’t See You”
An issue that often arises in motorcycle accident cases is a claim by the driver that he or she did not see the motorcyclist. Under Arizona personal injury law, a driver on the road has a duty or obligation to see and be aware of whatever there is to be seen, and hear and be aware of whatever there is to be heard. Obviously, that includes a person on a motorcycle. The fact that a motorist did not actually see the motorcyclist does not reduce legal liability.
Arizona law governing liability for motorcycle accidents is complex. Because of our extensive experience with motorcycle accident injury cases, we fully understand all of these unique issues that arise in motorcycle accident injury cases, and we know how to deal with them. Even if you fear you may not have a case, you should contact us and get a legal opinion.