Fighting For Your Rights as a Motorcycle Rider In Gilbert AZ
At Colburn Hintze Maletta, we understand the sense of freedom and excitement that comes with motorcycle riding. However, we also recognize the unique risks that motorcyclists face on the open road, particularly when other drivers are careless or inattentive. If you find yourself involved in a motorcycle accident in Gilbert, Arizona, it can be overwhelming to know what to do next.
The aftermath of a motorcycle accident can be complex and emotionally challenging, from understanding your legal rights to dealing with insurance companies. That’s why we’re here to provide you with essential information regarding injuries caused by motorcycle accidents. Whether you’re wondering what steps to take immediately after an accident, how to file a claim, or the common settlement amounts for injuries, we’ve got you covered.
We understand that every motorcycle accident is different, with its own set of circumstances and challenges. But with the right information and guidance, you’ll be better equipped to make informed decisions. Our goal is to empower you with the knowledge needed to take control of your situation and your future.
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Why Hire a Motorcycle Accident Injury Lawyer in Gilbert
Why Hire a Motorcycle Accident Lawyer in Gilbert, AZ
When you’ve been involved in a motorcycle accident, hiring a skilled motorcycle accident lawyer is crucial to protect your rights and pursue the compensation you deserve. Here’s why:
- Experience and Expertise: Our team of dedicated motorcycle accident lawyers has extensive experience handling cases just like yours. We are well-versed in the complexities of motorcycle accident laws in Gilbert, AZ, and can navigate the legal process on your behalf.
- Investigative Resources: We have access to a network of experts who can help investigate the details of your accident to determine liability. From obtaining police reports to gathering witness testimonies and medical records, we leave no stone unturned in building a strong case in your favor.
- Negotiation Skills: Insurance companies are notorious for offering low settlements to accident victims. Our skilled negotiators will leverage their expertise to fight for fair compensation on your behalf. We won’t back down until we secure the best possible outcome for you.
- Trial Experience: In the event that a fair settlement cannot be reached through negotiation, our trial attorneys are prepared to take your case to court. We have a successful track record in the courtroom and will aggressively advocate for your rights in front of a judge and jury.
Stages of a Motorcycle Accident Case
After a motorcycle accident, there are specific stages that each injury claim goes through. Here’s a breakdown of these stages:
- Initial Consultation with a Lawyer: The first step is to consult with a lawyer who specializes in motorcycle accidents. During this initial consultation, your lawyer will assess the strength of your case and advise you on the best course of action.
- Investigation and Evidence Gathering: Once you’ve hired a lawyer, they will conduct a detailed investigation to gather all pertinent evidence for your case. This includes obtaining police reports, collecting witness testimonies, and gathering medical records. Thorough evidence gathering is crucial in building a strong case.
- Filing an Insurance Claim: Your lawyer will assist you in filing an insurance claim based on the evidence and damage assessment. The goal is to negotiate a fair settlement with the insurance company without going to court if possible.
- Pre-litigation Negotiations: If the insurance company’s initial settlement offer is insufficient to cover your damages adequately, your lawyer will enter into negotiations with the insurance company to reach a satisfactory settlement. These negotiations can be complex, which is why having a skilled negotiator on your side is essential.
- Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, your lawyer will proceed to file a lawsuit on your behalf. This initiates the litigation process, which includes discovery, pre-trial motions, and potentially a trial.
- Trial and Verdict: In the event that your case goes to trial, both parties will present their arguments, and a verdict will be reached. If you win your case, the next step is to collect your compensation.
- Appeals: Either party can appeal the court’s decision if they believe there were errors in the legal process. Appeals can prolong the timeline of your case, but they may be necessary to secure a fair outcome.
By understanding these stages and working closely with an experienced attorney, you can maximize your chances of a favorable outcome in your motorcycle accident case.
Common Causes of Motorcycle Accidents in Gilbert, AZ
Motorcycle accidents can occur due to various reasons. Here are some of the common causes of motorcycle accidents in Gilbert, AZ:
- Mechanical Failure: Defects or issues in the motorcycle’s mechanical components, such as brake failure, can lead to accidents.
- Tire Blowouts: Sudden tire ruptures can make the motorcycle unstable and result in loss of control.
- Involving Left-Turning Drivers: Motorcycles are more difficult to see, which can lead to accidents when
Common Motorcycle Accident Injuries & Settlement Amounts
At Colburn Hintze Maletta, we understand the gravity of motorcycle accidents and the severe injuries that riders can sustain. According to the Arizona Department of Transportation, in 2020 there were 2,317 accidents involving motorcycles, resulting in 160 fatalities and 1,921 injuries. As a leading motorcycle accident law firm in Phoenix, we have seen firsthand the devastating impact these accidents can have on the lives of those involved. When it comes to seeking compensation for your injuries, it’s essential to understand the common types of injuries and the potential settlement amounts that may be appropriate.
Traumatic Brain Injury (TBI):
One of the most severe injuries that can result from a motorcycle accident is a traumatic brain injury (TBI). These injuries can have a life-altering impact on the victim and may require lifelong care. Settlement amounts for TBIs can vary widely, ranging from hundreds of thousands to several million dollars, depending on the severity of the injury and the long-term implications.
Example: Imagine a scenario where a motorcyclist is thrown from their bike and lands head-first, despite wearing a helmet. If they suffer a TBI that requires lifelong care, they could potentially receive a settlement exceeding $2 million.
Catastrophic Injury:
Catastrophic injuries are those that permanently hinder a person’s ability to perform any gainful work. These types of injuries often result in multi-million dollar settlements due to their permanent and life-altering effects.
Example: Consider a high-speed collision that results in multiple fractures and organ damage, leading to catastrophic injuries and potential paralysis. In such a case, a settlement ranging from $3-5 million may be appropriate.
Spinal Cord Injuries:
Damage to the spinal cord can result in partial or complete paralysis. Settlement amounts for spinal cord injuries can range from several hundred thousand to multiple million dollars, depending on the extent of paralysis or any other long-term effects.
Example: Let’s say a rider is rear-ended and sustains severe spinal cord injuries, causing lifelong disability. In this instance, a spinal cord injury resulting in partial paralysis could potentially result in a settlement of around $1 million.
Broken Bones:
Broken bones, such as fractures in the arms, legs, or ribs, are common injuries in motorcycle accidents. While these injuries are generally less severe, they can still have a significant impact on a victim’s life. Settlement amounts for broken bones typically range from $50,000 to $200,000.
Example: Imagine a motorcyclist who is sideswiped, causing them to fall and break their leg. If the broken leg requires surgery, a settlement of approximately $100,000 may be appropriate.
Loss of Limb:
In severe cases, motorcycle accidents can result in the loss of a limb. The loss of a limb has a profound and lasting impact on a person’s life, and settlement amounts can range from $500,000 to $1 million or more, depending on the specific circumstances.
Example: Consider a collision with a large truck that leads to the amputation of an arm. In this case, a settlement amount of $750,000 could be sought.
Concussion:
Concussions are a milder form of traumatic brain injury but should still be taken seriously. These injuries often result in smaller settlements, typically ranging from $25,000 to $75,000.
Example: Suppose a rider is bumped by a car, falls, and hits their head, resulting in a concussion. A mild concussion with short-term symptoms could potentially settle for around $30,000.
Scrapes and Bruises:
Although less severe, scrapes and bruises are common injuries in motorcycle accidents and can still cause significant pain and recovery time. Settlement amounts for these injuries are generally smaller, ranging from $5,000 to $20,000.
Example: Consider a motorcyclist who loses balance at a low speed and sustains various scrapes and bruises. If the injuries require minimal medical intervention, a settlement of $10,000 may be appropriate.
Understanding the potential injuries and settlement amounts is crucial for motorcycle riders to comprehend the risks involved in riding. If you have suffered any of these injuries in a motorcycle accident, it’s crucial to consult with an experienced personal injury attorney to understand your rights and pursue the compensation you deserve.
Proving Negligence in an Arizona Motorcycle Accident Lawsuit
At Colburn Hintze Maletta, we specialize in handling motorcycle accident cases and have a deep understanding of the complexities involved in proving negligence, which is essential for receiving compensation.
To establish negligence in a motorcycle accident lawsuit, four key elements must be demonstrated:
- Duty of Care: The first element is showing that the defendant owed you a duty of care. In motorcycle accident cases, all drivers are expected to operate their vehicles in a manner that ensures the safety of others on the road.
- Breach of Duty: The second element involves demonstrating that the defendant breached their duty of care. This could include actions such as speeding, running a red light, or failing to yield the right of way.
- Causation: Causation requires showing that the defendant’s breach of duty directly resulted in your injuries. This often involves presenting evidence such as police reports, eyewitness testimony, and expert opinions.
- Damages: The final element is proving that you suffered damages as a result of the accident. Damages can include medical expenses, lost wages, and emotional distress.
Proving negligence can be complex, which is why it’s crucial to consult with a skilled personal injury lawyer who can guide you through the legal process and help build a strong case on your behalf.
Why Choose Colburn Hintze Maletta for Your Motorcycle Accident Case?
At Colburn Hintze Maletta, we understand the unique challenges that come with motorcycle accident injuries. We are deeply committed to ensuring that you receive the compensation you deserve for your pain, suffering, and any medical expenses you incur.
Our compassionate attorneys have extensive experience in handling motorcycle accident cases and will be with you every step of the way, fighting on your behalf to get your life back on track. From the first day we take on your case to the day you receive your settlement, we will provide unwavering support and guidance.
Don’t wait to get the compensation you deserve; the sooner you act, the stronger the chances your case will be successful. Reach out to Colburn Hintze Maletta today for a free consultation. Call us at (602) 825-2500 to discuss your situation and explore the best course of action for you. With our experience and dedication, you can trust that your case is in capable hands.
About Gilbert Arizona
Gilbert, AZ is a town located in Maricopa County and is part of the Greater Phoenix area. According to the U.S. Census Bureau’s 2019 estimate, Gilbert’s population sits at approximately 254,000 residents. The dominating demographic ethnicities include 72.1% Non-Hispanic White, 17.4% Hispanic or Latino, 5.2% Asian, and 3.3% African American.
The civil court system in Gilbert is part of the broader judicial structure of Maricopa County. The Superior Court of Maricopa County oversights larger civil cases, including personal injury cases. Additionally, the Gilbert Municipal Court handles lesser civil cases, misdemeanors, and local code violations. In personal injury cases under Arizona law, the injured party (plaintiff) is responsible for proving the other party’s (defendant) negligence caused their injury. The state enacts a “pure comparative negligence” rule, where a plaintiff’s compensation could be reduced by their percentage share of the blame, but they might still receive damages even if they are largely at fault.
Specific data on motorcycle accident injury cases in Gilbert is not readily obtainable. However, Arizona Department of Transportation (ADOT) reported 2,676 motorcycle-related accidents across the entire state in 2019. This resulted in over 2,000 injuries and 166 fatalities. Like the rest of the state, all motorcycle riders and passengers in Gilbert are required to wear protective glasses, goggles, or a transparent face shield unless the bike has a windshield for protection.
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Words cannot express how thankful and pleased I am with this firm and the professionals they have on staff here. I had the fortune to work with Donald D Colburn Esq, Henry Alzate Esq, and Kimberly Sisk. The amount of devotion they showed to my case and my situation was amazing. My case was very very complicated with a lot of moving parts that were about the Jurisdiction of a Custody battle for my two infant boys. Throughout the case it was clear to me that they were every bit as invested in my case as I was. They were relentless in their pursuit to get the proper venue for the case and were thorough in the preparation of every aspect of the case. This was most impressive especially because of the speed in which events proceeded. Everyone dedicated so much time and effort even working late and through weekends. They worked with me and kept me well informed and explained every aspect and step I did not understand even while I was on the other side of the country. I feel absolutely blessed to have gotten them as my council and would recommend them VEHEMENTLY. They are POTENT firm full of great council and teamwork that you can trust and rely on when you’re fighting for what’s most important to you. Though I hope to never have need of council again I can say with certainty that if I do, I will only call CHM LAW.
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