The Grand Canyon State is a popular destination for motorcyclists. Local and visiting motorcyclists from around the country take to Arizona’s roads, trails and canyons for joyrides. Thousands of others use motorcycles for their daily commutes. Unfortunately, many motorcyclists in Arizona get into accidents each year due to negligent drivers and roadway defects. In 2018, the Arizona Department of Transportation reported 2,738 crashes involving motorcycles – 150 of which were fatal. Many motorcyclists injured in accidents are eligible for compensation via insurance settlements. The value of that settlement can depend on several factors.
How to File a Motorcycle Accident Claim
Arizona is a fault-based auto insurance state. After a motorcycle accident, the victim will seek a settlement through the at-fault party’s insurance provider. If you get into a motorcycle accident, you may need to call the police to help you determine fault. Then, call the other driver’s insurance provider if you believe he or she caused your motorcycle wreck. The insurance carrier will investigate your crash and either deny benefits or offer an amount to settle your claim. This decision will come from the insurance adjuster’s opinion of your case after investigation.
A Phoenix motorcycle accident lawyer can help you negotiate with an insurance company for a fair settlement for your motorcycle accident. If your injuries are catastrophic or the insurance company does not offer as much as you believe your case is worth, you may need to file a personal injury lawsuit instead of an insurance claim for fair compensation. Your lawyer can help you with the trial process in Maricopa County. Hiring a lawyer could enable you to maximize the amount of money you receive for a motorcycle crash.
Average Motorcycle Accident Settlement in Arizona
It is impossible to calculate an accurate average settlement for a motorcycle accident case in Arizona. Each case and its results are unique. Claimants have received such varying amounts for their injuries and losses that an average does not adequately portray what you might receive. Some motorcycle accident victims in Arizona come away with $10,000 or less in insurance settlements, while others receive multiple millions after successful injury trials. Too many factors are at play for a reasonable average. The only way to find out what your case could be worth is through a consultation with an attorney. A personal injury lawyer will listen to the details of your traffic accident and the injuries it inflicted to gauge an appropriate potential value of your case.
Types of Damages Available in a Motorcycle Accident Claim
Although an average motorcycle accident settlement amount may not exist, you can better understand the worth of your case by identifying what losses you have that the defendant may have to reimburse. In general, the more severe your injuries and immense your damages, the more money the defendant will owe you. Compensable damages in a motorcycle accident claim can include economic costs such as medical bills, motorcycle repairs, legal fees and lost wages. They can also include noneconomic damages such as physical pain, discomfort, disabilities, lost quality of life, emotional suffering and mental distress.
Factors Involved in a Claim
Once you understand what compensable damages you suffered in your motorcycle accident, factor in a few other elements to better understand your settlement value. Consider the questions of liability and comparative negligence, for example. Under Arizona’s comparative negligence laws, the courts could reduce your recovery for a motorcycle accident if you were partially at fault. If your lawyer can prove the defendant was 100% at fault, however, you could receive a greater recovery award.
Whether you settle or go to trial could also impact your settlement amount. A trial does not guarantee positive results, but if you do win the case, the amount will most likely be more than an insurance settlement. Many factors could impact your individual case. Speak to an accident attorney in Phoenix today to ask what your motorcycle accident claim might be worth.