Unique Considerations for Motorcycle Accidents
Motorcycle accidents are complex. Riders have a much higher chance of sustaining an injury or death than any other type of accident. As such, crashes involving motorcycles have certain unique considerations to keep in mind, all of which are vital to understanding as a motorcyclist in Arizona.
Personal Protective Equipment
Without airbags, seat belts, and the inherent safeties afforded by being surrounded by an automobile, a rider’s personal protection becomes a vital part of the motorcycle accident discussion. In general, this takes one of three forms, some of which are mandated by Arizona motorcycle laws:
- Eye protection. Unlike a helmet or clothes, eye protection doesn’t as frequently protect riders from a specific injury. Instead, it reduces the chance of a crash in the first place by preventing harsh wind, debris, or insects from blinding a biker. Eye protection can come in many forms (such as goggles, visors, windshields, or other such protections), but does need to be comprehensive to be legal.
- Motorcycle helmet usage. Over half of all motorcycle fatalities involve bikers without a helmet, meaning that even if Arizona law doesn’t mandate helmet usage for riders over 18 years old, choosing to wear one is vital to your safety and well being. Additionally, failing to wear one will render you liable for nearly any head injury you sustain, meaning that you won’t be able to pursue compensation for those specific damages.
- Clothes and other equipment. Leather jackets, jeans, pads, gloves, and other such durable protection is vital when biking, albeit technically not necessary by law. Bikers are almost always ejected from their vehicle during a crash, so it’s strongly advisable to protect yourself from inevitable skids and tumbles against rough asphalt.
Legality aside, failing to protect yourself could result in reduced compensation via Arizona’s comparative negligence system. In the simplest terms, the more responsible you are for your injuries and an accident, the less compensation you’ll receive—for example, let’s say that a motorcycle crash was 100% another driver’s fault. They struck you despite your best efforts to avoid them, so they’re liable. However, you also weren’t wearing a helmet or durable clothing, so in the resulting ejection, you were severely injured as a result. You’d be partially responsible for the extent of your injuries, which would reduce your ability to recover for medical bills considerably.
A Motorcycle’s Visibility
Motorcycles are small, and therefore, are often overlooked by other drivers, as they more easily fit into blind spots. This leads to frequent accidents in intersections, as drivers often fail to survey their surroundings adequately enough—as such, it’s no surprise that a significant majority of motorcycle accidents are not the fault of the motorcyclist. When biking, it’s essential to never assume that any other vehicle can see you.
Bias in Arizona Motorcycle Accidents
Similarly to driving a sports car, riding a motorcycle often gives insurance adjusters the impression that you’re a reckless, thrill-seeking motorist who lacks common sense and responsibility. This perception can lead to unjust discrimination at times, as adjusters and other drivers alike will more readily assume that you’re at fault.
Don’t let them paint you in a bad light. Our Phoenix motorcycle accident attorneys can level the playing field and help you understand the unique difficulties that motorcycle accident cases present, so don’t delay—schedule a free consultation today by contacting us at (623) 877-3600 to get the help of a professional who cares.