4 Common Motorcycle Injury Questions in Arizona

Accidents involving motorcycles are some of the most serious crashes on Arizona roads. The standard design of a motorcycle offers very minimal protection from impact with other vehicles. Potential issues that may contribute to, or cause, a motorcycle accident include driver error, improper traffic control devices, poorly designed roadways, vehicle design, and tire wear and defects.

More often than not, there are compounding causes of an accident, not simply one single cause. Although there are numerous tips to prevent injury from motorcycle accidents, this makes determining the cause of a motorcycle injury an extremely complicated process.

According to the National Highway Traffic Safety Administration (NHTSA), there were close to 5,000 motorcyclists killed in 2018. While that number is decreasing almost 5% from previous years, it still poses as a staggering number. The NHTSA published a document that shows even more shocking motorcycle crash statistics. There is a silver lining however if you or a loved one has been involved in an accident.

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Have you in an accident and suffered a motorcycle injury? Give us a call, we’re available day or night.

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The following are common questions that we have been asked while representing motorcycle injury cases:

Broken leg from accident

1. The day after my accident I can hardly move. Is it too late to file a claim for my injuries?

In short, the answer to your question is “no”, it is not too late to file a claim if you have not done so already. If, on the night of the accident, you provided a statement to the responding officer and said that you were all right; do not be concerned. This is common and is not a significant obstacle to face when recovering from your injuries. When your body sustains trauma, it is not unusual for you to feel “fine” immediately following the accident. It could take several hours for your body to recognize the symptoms of an injury.

It is for this very reason that most emergency rooms will issue instructions upon releasing patients. The instructions will advise the patient or caregiver to keep an eye out for various symptoms that could indicate that their condition is worsening. Should they encounter these symptoms, they should immediately return to the hospital to be examined. It is a commonly accepted notion that symptoms present as minor, and then increase in severity as time progresses. Examples of injuries that present with minimal symptoms and then worsen over time include the swelling of the brain and the swelling of the discs in your back.

Neck and Back Pain from Motorcycle Accident

2. What if several weeks have passed, and I am just now beginning to experience pain in my back and neck?

This is an extremely common phenomenon, especially if you also experienced another trauma at the time of the accident such as an injury to an arm or a leg. When in an accident, your brain has to quickly process a large amount of information. It may only register initial, immediate, or visible pain, such as scrapes, bruises, and broken bones.

You may not be completely aware that a more serious back or neck injury has occurred. Also, because your entire body is most likely very sore, it may take weeks for the back and neck injury symptoms to be distinguishable from the other pains. At this point, the weakened body part may have given out completely due to the strain of constantly being used while injured.

Motorcycle Accident Head Injury from Not Wearing Helmet

3. What if I was not wearing my helmet when the accident occurred?

There is currently no regulation in the state of Arizona that requires you to wear a helmet while operating a motorcycle, so you have not violated any laws. Even so, if this is the case you will want to find a competent and experienced motorcycle accident lawyer to handle your claim. The insurance company may pose the argument that by not wearing a helmet you have contributed to your own injuries. You would then be considered partially at fault for your accident. This implication may possibly reduce the amount of money you can receive for your claim.

The insurance company is likely unable to make this argument for most bodily injuries because they would still have occurred even if you were wearing your helmet. A motorcycle accident lawyer who has encountered this situation before will be able to argue your claim more adequately and successfully than one who has not. They will be able to recover all of the funds you deserve.

Passenger in a Motorcycle Accident

4. What if I was only a passenger, and a friend or family member was driving the motorcycle?

In a perfect world, every driver would be insured, and you would collect compensation for your injuries directly from the insurance company. If they do not have auto insurance you can take them to court personally in order to collect for expenses incurred such as medical bills, damages, and pain and suffering. It is rarely a pleasant experience when suing a friend or a family member, but someone will need to pay for your injuries.

Even if your friend or family member was found to be at fault for the accident, you should still be adequately compensated as a passenger in an accident. One possible setback is if they had purchased an insurance policy that has a “family member exclusion” written directly into the policy. This may limit the amount that you are able to recover for your claim.

Contact a Motorcycle Injury Lawyer for a Free Consultation

If you were involved in a motorcycle accident as either the driver or passenger, even if you were at fault or not, give the legal team at Hutzler Law a call immediately. We will spend 30-60 minutes during a free consultation to go over your case from top to bottom and come up with the best-case scenario in getting you the maximum compensation for your injuries. Call Hutzler Law today at 602-730-4530 and we can immediately assist you.

Hard Facts About Distracted Driver Car Accidents

What are some Causes of Distracted Driving?

It’s hard to listen to the radio for any interval of time without hearing about the stark reality of just how dangerous reckless driving is. According to the National Highway and Traffic Safety Association, driving while distracted is at least as dangerous as driving under the influence of alcohol, so why do so many people do it?

Nowadays, everyone has so many responsibilities, and “multitasking” has become a solution for many people, though it may not be safe, especially while driving. One of the biggest distractions that’s already been covered by us as well as the media in general is texting. There are some other fate-tempting distractions, and we’ll take a look at them here.

Passenger Distracting Driver
Drivers can easily be distracted by their passengers.

Interpersonal Distraction (Your Passengers)

Having additional people in the car, even if they are family or people the driver knows very well, can significantly distract all drivers, but especially younger ones. The danger of having an accident skyrockets per additional young person in the car. More recently, many states like California and Virginia have passed laws that limit the amount of other young people novice drivers may have in their cars at once, in the interest of curtailing these accidents.

Like a car accident lawyer would probably tell you, there is no person other than the driver and his/her passengers who can make it a safe and quiet atmosphere, allowing for safe driving.

Keep in mind that if you are driving a car, you are legally responsible for any accidents you’re involved in, even if it’s caused by your passengers making a racket. Never hesitate before asking passengers to quiet down whatever they are doing to lower the chances of you crashing; it’s simply not worth it.

Parents and Kids in the Car

Young drivers aren’t the only ones predisposed to bad accidents. Parents driving with younger children can be thrown for a loop, leading to an accident, if precautions are not taken. If you’re in charge of caring for a young child while driving, double check the child is securely fastened into the seat.

A child struggling out of protection measures can wreak havoc as the parent drives and simultaneously tries to placate and re-secure the child. To this end, parents may wish to consider teaching children to remain quiet while in a car by providing them with other things to do.

Distracted driver woman grabbing purse in backseat
There are many different ways a driver can get distracted while driving.

Other Distracting Driving Causes

Unfortunately, curbing accidents is not as dangerous as putting down your cellphone (otherwise, we may not even need car accident lawyers!). One bane of some drivers, especially people who drive professionally and have a lot of ground to cover each day, is food. Ranging from a greasy hamburger to a juicy pear, every food is a different type of dangerous while driving.

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Even while driving alone, loud music can also prove to be a big distraction. With this, you may not be able to hear sirens, or you may even find yourself focusing more on the music than on the road! Of course, it’s only normal to want to listen to some music when you drive, but make sure you do so safely! Never wear headphones while driving, since it’s illegal in some states, and it’s dangerous everywhere. Play music quietly enough that you can hear what’s going on around you and can focus on getting to your destination safely!

The Bad and the Ugly Truth – Distracted Driving Statistics

It is no surprise that being involved in a car accident by someone who was driving while distracted can have serious, even fatal, consequences. Unfortunately, each year the numbers are on the rise. From 2012 until 2018, there were approximately 23,000 fatalities from car accidents that involved a distracted driver, according to the NHTSA.

It has been shown that your eyes leave the road for an average of 5 seconds while texting. If you were traveling at a speed of 55 miles per hour, that is the length of an entire football field!

Distracted Driver Texting
Source: NHTSA.gov, 2009 VTTI

Your Rights After an Accident Involving a Distracted Driver

If you, or someone close to you has been involved in a truck, motorcycle or car accident caused by a distracted driver, contact a professionally licensed car accident lawyer at Hutzler Law today! We are here to help. Our accident attorneys will help guide you through the tough process and stages what to do after an accident. Even if you were the passenger in an accident and in the same vehicle as a distracted driver, you have certain entitlements to compensation as well.

Injury or Wrongful Death from a Distracted Driver

If you or someone you love has been injured by another who was texting while driving or distracted while driving, contact us a call immediately!

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