Understanding Fault, Liability and Compensation in Arizona Motorcycle Accidents

Marc McCain • April 4, 2023

Understanding Fault, Liability and Compensation in Arizona Motorcycle Accidents

Motorcycle accidents can be devastating, leaving the victim injured or worse, resulting in death. If you or a loved one has been involved in a motorcycle accident in Arizona, it is essential to know the ins and outs of fault, liability, and compensation. With the help of experienced attorneys like McCain & Bursh Attorneys at Law, P.C., you can understand your legal rights and options. In this blog post, we will explain how fault is determined in a motorcycle accident in Arizona, who is liable, and what compensation is available.


Determining Fault



In Arizona, fault is allocated based on the comparative negligence theory. This means that fault can be shared among both parties involved in the accident, based on how much each party contributed to the accident. A judge or jury can determine the percentage of fault, and any compensation received will be reduced by the percentage of fault that the victim had in causing the accident.


Liable Parties


Several parties can be held liable in a motorcycle accident. The driver of the other vehicle can be held accountable for failing to yield, speeding, or reckless driving. In some cases, the motorcycle’s manufacturer could be held responsible for any defective parts or components that contributed to the accident's cause. Additionally, property owners may be held responsible for dangerous road conditions, such as potholes, insufficient lighting, or debris on the road. If the accident was a hit and run, an uninsured motorist, or the party responsible is unknown, the victim could file a claim under their own insurance policy.


Options for Victims


If you have been injured in a motorcycle accident, you have several options for claiming compensation. The first option is to file a claim with your insurance company. However, if your damages exceed your insurance policy's limit, you may need to file a lawsuit against the responsible party. With the help of an experienced attorney, you can navigate the legal process and get the compensation you deserve.


Compensation Calculations


The amount of compensation awarded to motorcycle accident victims in Arizona depends on several factors, such as medical expenses, lost wages, pain and suffering, property damage, and future medical costs. Experienced attorneys like McCain & Bursh Attorneys at Law, P.C. can assist in calculating the maximum amount of compensation that can be awarded to the victims.


In conclusion, motorcycle accidents in Arizona can result in physical, emotional and financial harm. Understanding fault, liability, and compensation is essential to protect your rights and ensure that you receive the compensation you deserve. If you are a victim of a motorcycle accident, we recommend consulting with a qualified and experienced attorney like McCain & Bursh Attorneys at Law, P.C. to ensure that you are fully aware of your legal rights and options. Our legal team is dedicated to serving the Arizona public with personal injury matters and securing maximum compensation for our clients.


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