Unique Aspects of Motorcycle Collision Cases
Motorcycle collisions are a subset of motor vehicle accidents. They are unique. As such, attorneys with experience in these matters generally obtain better outcomes for their clients as compared to “general” personal injury attorneys. Mesch Clark Rothschild has handled many hundreds of motorcycle accident cases in Tucson and throughout Arizona in its nearly 65 years of existence. If you or a contact has been injured in a motorcycle accident, please call Mesch Clark Rothschild at (520) 624-8886 for a free consultation in order to determine how we can help.
Mesch Clark Rothschild lawyers’ experience representing those involved in motorcycle accidents matters for at least the following reasons:
- These matters almost always involve serious and permanent damages because motorcyclists have less safety protections compared to car drivers, making them particularly vulnerable. As a result, damages have to compensate past, current and future pain, suffering and medical treatment as well as lost wages and future earning capacity.
- Because of their smaller size, these cases often involve a person that did not perceive the motorcycle until it was too late.
- Because of motorcycle size, witnesses often do not accurately discern or testify about their speed.
- Motorcycles handle differently than cars, so a comprehensive understanding of that issue is important to ward off certain “avoidance” defenses.
- Helmet laws in the jurisdiction of the crash generally become relevant to fault and damages in these matters.
The importance of a knowledgeable motorcycle attorney arises from these factors. Such attorneys typically need to know how to obtain and admit requisite evidence on permanent damages, the likely costs of future medical care. and lost wages (past and future). These skills are critical considering the latest statistics that demonstrate the majority of motorcycle collisions in Arizona involve drivers between 25 and 34 years old. These issues also make it important for the plaintiff in a motorcycle collision case to have counsel who knows how to identify and negotiate (i.e., lower or avoid) health care provider or medical insurer lien claims that often arise. This knowledge and skill can result in the injured person taking home significantly more money than they otherwise would.
Lawyers handling motorcycle cases need to know about, and have worked with, motorcycle experts in order to prepare for flawed speed and “avoidance” defenses built on erroneous assumptions. An accident re-constructionist is an example of such an expert. Finally, counsel in motorcycle accident cases need to know the applicable helmet laws, as well as the literature on that topic, which demonstrates – amongst other things – that in certain situations, a helmet can actually exacerbate the nature and extent of a traumatic brain injury.
Persons injured in a motorcycle collision have a right to fair compensation from parties that negligently caused those injuries. The personal injury lawyers at Mesch Clark Rothschild are ready to assist persons in maximizing the compensation they can recover for injuries sustained in a motorcycle accident.