–Injury Lawyers

Wrongful Death Lawyer in Phoenix, AZ

If your loved one has died due to the negligence, recklessness, or intentional misconduct of another party, then the state of Arizona may give you a legitimate right of action for wrongful death.  Wrongful death litigation is critically important, as it gives the surviving family members of the deceased an effective tool for securing the compensation they need to cover their various losses.

Here at Hirsch & Lyon, we are compassionate advocates that understand the many challenges that families face in the wake of their loved one’s death.  It is perfectly normal to feel trepidation about moving forward with litigation.  We encourage you to contact us to learn more about what wrongful death litigation entails, and how we can help.

Understanding Wrongful Death Damages

Wrongful death damages are paid out to cover the losses sustained by the surviving family members of the deceased — not the losses sustained directly by the deceased individual themselves.

For example, if your spouse dies in a car accident caused by a drunk driver defendant, you would be entitled to bring an action for wrongful death damages that account for the losses that “you” (as the surviving individual) sustained in the wake of their death, which may include the loss of their financial support, loss of guidance, loss of marital companionship, and the loss of domestic services and support.

The Loss of Domestic Services

Domestic services are a form of support that is accounted for by Arizona courts in wrongful death litigation.  Accounting for such damages is meant to ensure that the true contribution of a family member who provides domestic services (i.e., cleaning, cooking, childrearing, babysitting, teaching, etc.) is measured.

Calculating the value of domestic services is quite a bit more straightforward than plaintiffs might initially realize — with the aid of an attorney and industry experts (who can provide analysis and supportive testimony), you can identify the market value of the domestic services provided by your deceased loved one, and calculate the potential future contribution that would have been made by your loved one based off their pre-existing daily, weekly, or monthly contributions.

Consult an Experienced Attorney at Hirsch & Lyon for Guidance

Hirsch & Lyon is a specialized litigation firm with a focus on representing personal injury victims, including those that involve the wrongful death of a loved one.  Wrongful death claims can be somewhat unintuitive for those who are not familiar with litigation, and this can lead to many plaintiffs being poorly served by attorneys who fail to pursue all available damages.

At Hirsch & Lyon, our wrongful death attorneys have decades of experience providing comprehensive representation to clients in a variety of situations, and are committed to maintaining a highly-communicative, transparent relationship.  This ensures that we have the information we need to personalize the way in which we advocate for the wrongful death plaintiff.

Ready to move forward?  Call us at 602-535-1900 or contact us online to request a free and confidential consultation with a skilled Phoenix wrongful death lawyer at our firm.

Car Accident Lawyer in Phoenix, AZ

If you’ve been injured in a motor vehicle accident — whether you’re a pedestrian, driver, or passenger — then Arizona law may give you a right to sue and obtain compensation for your various losses.  There is significant diversity from case-to-case in terms of the fact patterns and how the dispute must be litigated.

In many cases, there are issues involving defects with the roadway itself (such as poor road visibility) that contributed substantially to the accident.  These defects can be influenced by a number of factors.

Consider the following non-exhaustive list.

Grading and Sudden Elevation Changes

Sudden elevation changes can have an enormous effect on road visibility.  When a crosswalk is placed at a plateau between sharply-graded roads, then rising traffic may have their visibility significantly impeded.

Elevation changes need not be sudden to have an impact, however.  Even roads with a more gradual vertical grade can influence visibility — for example, if a road is graded upwards at a low degree, this could have an inhibiting effect on drivers at a distance, preventing them from easily identifying crossing pedestrians further down the road.  With the assistance of a road safety expert, you can identify the potentially negative consequences of such elevation changes.

Adjacent Property Interference

Adjacent property can quite easily interfere with road visibility.  For example, if a home built next to a road has an overgrown tree in the yard that extends out into the street, then the branches might cause problems for drivers and pedestrians.  Under such circumstances, both the party responsible over the roadway (i.e., the City) and the party responsible over the adjacent property may both be held liable for failing to correct the defect.

Inadequate Lighting

Roads must be properly illuminated at night.  Whether the illumination is “sufficient” is a fact-dependent question that will change based on the circumstances.  Fundamentally, however, if there is inadequate lighting, or if the lighting is simply not working (perhaps due to poor maintenance), then this could give rise to an actionable claim for damages in the event of an accident.

Poorly Marked Crosswalks

Crosswalks must be made visible to incoming traffic.  Failure to design, construct, and maintain a crosswalk that gives sufficient notice to drivers (of its existence) could expose the responsible parties to significant liability.

Consult an Experienced Attorney at Hirsch & Lyon

Here at Hirsch & Lyon, our team of attorneys boasts nearly seven decades of combined experience in litigating claims on behalf of injured plaintiffs, and more specifically, those who have suffered injuries in the motor vehicle accident context.  We have helped numerous plaintiffs (including pedestrians) recover compensation that fully and adequately covers their losses.

Unlike many of our competitors, we are committed to client-focused service.  We make ourselves throughout the litigation process to respond to any and all inquiries, and work tirelessly to ensure that our client’s goals, preferences, and concerns relating to litigation are integrated into the overall case strategy.

Ready to move forward with your claims?  Call us at 602-535-1900 or contact us online to request a free and confidential consultation with a seasoned Phoenix car accident lawyer at Hirsch & Lyon.

Speak With a Phoenix Serious Injuries Lawyer Today

If you’ve been injured due to the negligence, recklessness, or intentional misconduct of another party, then Arizona law may give you a right to sue and recover compensation for your various losses.  When pursuing a claim against the defendant(s), however, it’s important to understand that you do not have an unlimited amount of time — personal injury claims are governed by a statute of limitations deadline.  If the deadline passes before you file your claims, then you will be barred from pursuing compensation in an Arizona court.  The risk of “waiting too long” is therefore substantial.

The statute of limitations can vary from case-to-case.  Generally speaking, personal injury claims are governed by a two-year statute of limitations deadline in Arizona, though this period may be shortened under certain circumstances (i.e., the defendant is a public employee or entity, for which the deadline will be just one year from the date of injury).

Fortunately, you may not be entirely without options if the deadline passes.  In Arizona, and elsewhere, there are a few exceptions that allow the plaintiff to suspend the statute of limitations countdown, thus extending the deadline.  We encourage you to contact Hirsch & Lyon for an assessment of your case and guidance on how to proceed, particularly if you find yourself in a difficult procedural situation.

Absence of Defendant from State

According to Section 12-501 of the Arizona Revised Statutes, if the defendant is absent from the state during the statute of limitations period, then the countdown will be suspended until they return.  For example, suppose that you are injured in a car accident, and the defendant flees Arizona immediately.  The defendant does not return until three years later.  Normally, the deadline would have already passed, but because the defendant was absent from the state of Arizona, the period of time they were gone (three years) was suspended.  You may bring an action against the defendant upon their return, with whatever time you have remaining on your statute of limitations.

Minor Plaintiff

Minor plaintiffs (and other incompetent plaintiffs, such as disabled or ill plaintiffs who are mentally incapable of bringing a claim against the defendant) are not affected by the statute of limitations during their period of minority.  It is only once they reach the age of majority (age 18) that the statute of limitations will begin to run.

Discovery Rule

The discovery rule is perhaps the most common exception to the statute of limitations, in Arizona and elsewhere.  Under the discovery rule, a plaintiff’s statute of limitations deadline will be extended if they are not aware of the injuries they suffered due to the defendant’s fault, and they could not have reasonably discovered the injury.

How does it work?

Suppose that you are injured in a slip-and-fall accident on the defendant’s property.  At the time of the accident, your injuries were asymptomatic.  In other words, you did not feel that you were injured, and your visit to a physician did not lead to a diagnosis of injury.  A few years later, however, symptoms finally arise due to spinal degeneration (that was activated by the fall).  Given that the injury/condition could not have been reasonably discovered until the later date, and that you did not know about the injury despite your best efforts, the statute of limitations will likely be suspended until the date of discovery.

Schedule a Free Consultation at Hirsch & Lyon

Here at Hirsch & Lyon, our attorneys have decades of experience representing injured plaintiffs in a variety of personal injury disputes.  Unlike many of our competitors, we have tried many cases to conclusion.  This willingness and ability to litigate a dispute not only gives us substantial leverage at the negotiating table (to secure a favorable settlement compromise) but has also given us a keen eye for what is necessary to overcome the barriers presented by opposing counsel.

Ready to move forward with your injury claims?  Call 602-535-1900 or send us a message online to schedule a free and confidential consultation with a skilled Phoenix serious injuries lawyer at Hirsch & Lyon today.

If you’ve been injured in a car accident, and you have significant liability coverage, then you may be entitled to compensation pursuant to the terms of your insurance plan.  In many motor vehicle accident cases, however, the injured are constantly challenged by their insurer and may not be awarded the benefits they seek.  This can place a significant burden on the injured plaintiff, who may not have any other recourse for compensation.

Here at Hirsch & Lyon, we have extensive experience handling motor vehicle accident disputes, including those that require a first-party insurance claim.  Contact us for comprehensive guidance on how to proceed.

First Party Insurance Coverage is Invaluable

First-party insurance coverage is particularly applicable to motor vehicle accident scenarios in which the defendant-driver lacks sufficient insurance coverage to compensate you for your losses.  For example, if you have suffered damages in excess of $200,000, but the defendant has insurance coverage that pays out only $35,000, then that will be insufficient for your purposes.  You will have to seek full and adequate compensation through other means — in most cases, through first-party insurance coverage.

Wrongful Denial and Bad Faith Claims

Many plaintiffs do not realize that insurance companies are fundamentally arrayed against them.  It is the insurer’s goal to minimize their payouts so that they can maximize their overall profits.  As such, insurers tend to be aggressive in denying first-party insurance claims made by policyholders.  They may justify the denial in a number of different ways, such as by arguing that you were at-fault for your injuries, or that your injuries are pre-existing.

In denying such claims, however, insurers may “go overboard.”  If the insurer wrongfully denied your claim, then you may be able to challenge their decision and secure the compensation you deserve.  In cases where the insurer did not have a reasonably justification for denying the claim, and acted maliciously to deny benefits (i.e., by delaying the processing of your claim to an excessive degree, or by lying to you so that you will drop your claim), then the court may even choose to award bonus punitive damages.

Request a Free and Confidential Consultation at Hirsch & Lyon

Here at Hirsch & Lyon, our attorneys have nearly seven decades of combined experience handling personal injury cases.

Thanks to the significant depth of our experience in such matters, we have gained key insight into the strategies and excuses typical of insurance companies, and how to successfully secure compensation despite such challenges.  Since our founding, this focused approach has helped us to secure significant compensation for our clients through favorable verdicts and settlements.

Ready to move forward with your claims?  Call 602-535-1900 or send us a message online to schedule a free and confidential consultation with a skilled Phoenix car accident lawyer at Hirsch & Lyon.

If you’ve been injured in a motorcycle accident due to the fault of another, then Arizona law may entitle you to damages.  Do bear in mind, however, that the lawsuit may be a bit more complicated than it initially appears.

Motorcyclists are often — and unfortunately — perceived by much of the general public to be inherently undisciplined on the road.  This perception can be challenged, of course, but it takes skillful and detail-oriented advocacy, particularly in situations where the injured motorcyclist may have engaged in behavior that is violative of the law.

Without context, this can all be somewhat confusing.  Let’s explore some basic issues relating to lane sharing and splitting, and how liability is affected.

Two Motorcycles May Ride Together in the Same Lane

In Arizona, Section 28-903A of the Revised Statutes quite clearly allows for two motorcycles to ride abreast of one another in a single lane.  This “lane sharing” allowance is limited to two motorcycles, however.  If another motor vehicle attempts to share the lane with you, then they could be held liable in the event of an accident.

Prohibited Behavior

Arizona prohibits a variety of behavior relating to motorcycle lane use:

• Motorcycles may not ride more than two abreast in a single lane
• Motorcycles may not ride between lanes of traffic (i.e., lane-splitting)
• Motorcycles may not overtake other vehicles in the same lane (they must transition into the next lane and back to perform a passing maneuver)

By violating any of these prohibitions, you will have committed a “negligent” act, which could influence your damage recovery in the event of an accident.

How Liability is Affected

Arizona implements the doctrine of pure comparative fault.  Simply put, a motorcycle accident plaintiff may recover damages even if they are partially at-fault for their own injuries.

In fact, the doctrine of pure comparative fault allows recovery even if the plaintiff is 99 percent at-fault for their own injuries.

Importantly, however, the amount of damages that you are entitled to recover are reduced in proportion with your contribution of fault.  If a court deems you 50 percent at fault in a case involving a claim for $100,000 in damages, for example, then you may only receive $50,000.

Any contributory negligence that is linked to your injuries will have a significant impact on your total recovery.  Suppose that you were riding three abreast in a lane (violative of the law), and in doing so, you had less room to maneuver and avoid a drunk driver.  Given the circumstances, you may be found partially at-fault, leading to a reduction in damages.

Contact Hirsch & Lyon for a Free and Confidential Consultation

Here at Hirsch & Lyon, our attorneys have extensive experience advocating on behalf of motorcycle accident plaintiffs.

As a firm, we only handle motor vehicle accident claims (including motorcycle accidents).  We have successfully represented numerous clients in a variety of motor vehicle accident litigation, including disputes that center around motorcycle accidents.  Thanks to our focus on personal injury cases over the decades, we have gained key insight into what it takes to secure a favorable result both pre-and-post-litigation.

Curious about your claims?  Call 602-535-1900 or send us a message online to request a free and confidential consultation with one of the skilled Phoenix motorcycle accident attorneys at Hirsch & Lyon today.

The unexpected and wrongful death of a loved one can leave their family members devastated in many different ways.

Though it’s natural to think only of the emotional consequences at first, there are real financial consequences to the loss of a loved one on whom you and the rest of your family have come to rely for support.  Without the income generated by a spouse, for example, a nuclear family may struggle with paying for food, rent, education, and health expenses, among various other necessities of life.

Fortunately, Arizona law may provide certain individuals the opportunity to recover for those losses.  If you’ve recently lost a loved one due to the negligence, recklessness, or wrongful misconduct of another, then Arizona law may entitle you to significant wrongful death compensation.

How does it work?  Let’s take a closer look.

Wrongful Death Basics

Wrongful death actions give certain qualified family members the right to pursue damages for the losses they have directly suffered due to the death of their loved one.  For example, a wrongful death plaintiff may recover damages for the mental anguish they experienced (and continue to experience) as a result of their spouse’s death.

For a wrongful death lawsuit to succeed, there must be underlying liability.  In other words, the defendant (who is responsible) must have acted in a negligent, reckless, or intentionally harmful manner, thus causing the death at-issue.

Calculating the Loss of Financial Support

In many wrongful death cases, financial support losses form the largest component of the overall damages.  As a result, the defendant is likely to employ a range of tactics during litigation to minimize their liability for such damages.  These tactics may include, but are not necessarily limited to, the following:

• Arguing that the financial support would have been reduced or terminated
• Arguing that the deceased individual’s income would not have increased over time
• Arguing that the deceased individual was incapable of or uninterested in returning to work (if they were unemployed or partially employed at time of death)

Suppose, for example, that your father was a generous man, and provided $3,000 per month in financial support to help you cover your costs.  After their untimely death due to a drunk driving accident, you bring a wrongful death lawsuit against the defendant-driver.

The defendant might attempt to reduce their financial support damage liability in a number of ways.  They might argue that your relationship with your father was deteriorating quickly, and that your father intended to stop all financial support soon.  They might (alternatively) argue that your father was nearing retirement age, and that the financial support may only be counted for an additional two or three years.  You might be able to counter this assertion by showing that your father used income generated by investment assets to provide the financial support at-issue.

Contact Hirsch & Lyon to Setup a Free Consultation

Here at Hirsch & Lyon, our attorneys have extensive experience representing wrongful death claimants in litigation, specifically in situations where the death itself is linked to a motor vehicle accident.

We understand just how emotionally overwhelming and difficult it can be to pursue a wrongful death lawsuit in the wake of tragedy — our commitment to compassionate and personalized legal advocacy has helped many families secure the compensation they need to cover their losses, while doing so in a manner that is respectful of the various burdens they are now saddled with.

Ready to move forward with your claims?  If you’re interested in learning more about the litigation process and how we can help, call 602-535-1900 or send us a message online to schedule a free, confidential, and no-obligation consultation with an experienced Phoenix wrongful death lawyer at Hirsch & Lyon today.

Contact a Phoenix Serious Injuries Lawyer Today for Help

If you’ve suffered catastrophic injuries in a motor vehicle accident (that was caused by the negligent, reckless, or intentional misconduct of another party), then Arizona law may give you a right of action for significant damages as compensation.  Catastrophic injury claims are often associated with high damage recoveries, but — while it’s important to remain positive — there are a number of unique challenges associated with such disputes.

Let’s take a look.

Damages Must Be Sufficient to Cover Losses

Catastrophic injury damages must be sufficient to cover all your losses.  These losses can be extensive and diverse, depending on the nature of the accident, the plaintiff’s own circumstances, and the resulting injuries.  It is not “satisfactory” to secure damages that are not enough to cover one’s losses.

For example, suppose that you are injured by a truck in a highway accident.  The truck driver lacks adequate insurance coverage to compensate you for the range of losses that you suffered as a result.  Though your damages totaled $500,000, you were only able to recover $100,000.  That would be insufficient, given the circumstances.

Now, if your attorney identified that the truck driver was an employee acting within the course and scope of their employment (at the time of the accident), then you might be able to bring a lawsuit against the employer under the vicarious liability doctrine.  The employer would likely have sufficient insurance coverage to pay out your damages in full.

Effective advocacy in the catastrophic injury context therefore requires a thorough assessment of the litigation landscape (and available opportunities for damage recovery).

Speedy Resolution Issues

Given how destructive the consequences of a catastrophic injury can be (i.e., causing the victim to suffer a disabling condition, requiring extensive surgical and rehabilitative intervention to ensure a return to good health), a speedy resolution is quite desirable in many cases.  A catastrophic injury can put the plaintiff in a uniquely vulnerable position financially — they might not have the resources to cover all their medical expenses, or to provide for their family given their inability to return to work.

As such, plaintiffs may find themselves performing a balancing act between securing a speedy resolution, and one that is more comprehensive.  At Hirsch & Lyon, we believe that our approach to litigation is well-suited for both maximizing the client’s compensation and doing so within a reasonable timeframe.

Our attorneys are battle-tested litigators who have a reputation for being willing and able to take a case through to trial when necessary.  This has a significant effect on our ability to negotiate a favorable settlement for our client — opposing counsel must take your claims seriously, given that (in the alternative) they could be exposed to the cost and uncertainty of trial.

Contact Hirsch & Lyon for a Free and Confidential Consultation

Here at Hirsch & Lyon, our team of attorneys has many decades of experience litigating catastrophic injury claims for plaintiffs involved in various motor vehicle accident scenarios (car, truck, motorcycle, and pedestrian accidents).  We are well-acquainted with the unique challenges that catastrophic injury plaintiffs face in the wake of an accident and are committed to working tirelessly on their behalf to ensure that they can secure the compensation they need to cover their losses.

Whereas many other firms shuffle clients through like “mere customers,” we see our relationship with clients as a partnership — we keep the client in the know at all times and engage them closely so that we can better understand the circumstances of their case, their goals, and their concerns moving forward.  This approach to litigation allows us to craft a tailored solution for each and every client.

Interested?  Call 602-535-1900 or send us a message online to schedule a free and confidential consultation with an experienced Phoenix serious injuries lawyer at Hirsch & Lyon today.

In Arizona (and throughout the United States at-large), if you’ve been injured in a car accident due to the fault of another party, then you may be entitled to significant damages as compensation for your losses.

What you may not realize, however, is that your ability to recover could be affected by the defendant’s unique circumstances and impairments.  For example, though the defendant-driver may have crashed into your vehicle, if they were experiencing a sudden medical emergency at the time of the accident, then they may be able to avoid liability for your injuries.

The sudden medical emergency defense can be confusing, so we’ll explore some of the basics to clarify how it works.

Basics of the Sudden Medical Emergency Defense

In order for the defendant-driver to take advantage of the sudden medical emergency defense and successfully avoid liability, they must show that:

1. They suddenly lost consciousness, or experienced some other medical emergency symptoms that caused them to lose control over their vehicle; and
2. The medical emergency at-issue was sudden and unforeseeable.

Let’s take a closer look at these two elements.

Loss of Control

The defendant-driver cannot make use of the sudden medical emergency defense if they did not lose control over their vehicle at the time of the accident.  If the defendant was merely impaired, for example, but could still exercise a sufficient level of control that they could have avoided the collision, then they can be held liable for the resultant injuries.

Events Were Sudden and Unforeseeable

A medical emergency that was “foreseeable” cannot shield the defendant-driver from liability for causing your injuries.  Drivers who can reasonably foresee the risk of an accident (due to a medical emergency) must take steps to mitigate those risks, by refusing to drive or by taking necessary medication.  Whether the medical emergency was reasonably foreseeable depends on the circumstances.  For example, if the defendant-driver failed to take their seizure medication before operating their vehicle, then the subsequent seizure would have been reasonably foreseeable.

Speak to an Experienced Phoenix Car Accident Lawyer for Assistance

Hirsch & Lyon is a boutique personal injury litigation firm based in Phoenix, AZ.

Interested in speaking to a qualified attorney about your claims?  Call 602-535-1900 or submit an online case evaluation form to schedule a free and confidential consultation with an experienced Phoenix car accident lawyer at Hirsch & Lyon today.

Many injured car accident plaintiffs mistakenly believe that their lawsuit will progress in a simple and straightforward manner.  This is natural, of course.  They may approach the case with their own understanding of what transpired, and who is responsible for their damages.  In truth, however, a car accident lawsuit can develop in a rather non-standard fashion (depending on the circumstances), which can take a plaintiff by surprise.

In the car accident context, one of the various non-standard possibilities for recovery is the negligence of a mechanic/auto shop.  Drivers trust their mechanics to perform comprehensive inspections and to correct defects as they are discovered, or to — at the very least — notify them as to the existence of such defects.  If a mechanic fails to do so, then they could be held liable for the damages suffered in a subsequent car accident.

How does this all work?  Let’s take a closer look.

Negligent Inspection and Maintenance Basics

Mechanics have a duty to properly inspect, maintain, and repair vehicles that have been entrusted to them (for such services).  If a mechanic fails to exercise reasonable care in inspecting a vehicle (and thereby fails to identify a defect), or performs a negligent repair using substandard parts, then that may give rise to liability in the event that it contributes to a car accident later on.

It’s worth noting that a mechanic’s liability (for negligence) can generally be imposed on their employer, the auto repair shop, through the application of vicarious liability principles.  This can be handy given that the auto repair shop may have more substantial insurance coverage and may be more willing to negotiate a fair settlement due to having a business reputation to protect.

“Industry Standards” May Be a Sticking Point

Central to the negligence consideration is an evaluation of the standard of care.  Mechanics may only be held liable for their actions if they violated the standard of care.  The standard of care is dependent on a number of factors, which includes typical conduct in the industry under similar circumstances.

For example, suppose that your mechanic verbally notifies you about a defect they found with the engine.  You might try to argue that the mechanic should have given you written, formal notice of the defect, but the mechanic could potentially defend themselves by arguing that verbal notification is the industry standard.

Speak to an Experienced Phoenix Car Accident Lawyer for Guidance on Your Claims

Hirsch & Lyon is a Phoenix-based personal injury litigation firm that exclusively handles motor vehicle lawsuits on behalf of injured plaintiffs.

Our team of attorneys has many decades of experience representing those who have suffered harm in a range of motor vehicle accident scenarios — this includes complex and non-standard matters that may involve the negligence of a third-party, such as a mechanic/auto shop that fails to properly maintain your vehicle.  This specialized approach to personal injury litigation has given us deep insight into what it takes to successfully obtain compensation for our clients.  Over the years, we have secured substantial results in motor vehicle accident cases, through negotiated settlements and trial verdicts alike.

Interested in learning about your case and what you can do moving forward?  Call 602-535-1900 or submit an online case evaluation form to schedule a free and confidential consultation with a skilled Phoenix car accident lawyer at Hirsch & Lyon today.

Let Our Phoenix Motorcycle Accident Attorneys Help

If you are a motorcyclist who was injured due to the fault of another, then Arizona law may give you a right to sue and recover damages as compensation for the losses that you suffered as a result.

Motorcycle accident litigation — not unlike other motor vehicle accident litigation — can become quite complicated when the facts are “messy.”  In some cases, the injured motorcyclist may not be entirely absent of fault.  It’s not uncommon for a motorcyclist to have acted negligently and thereby contributed to the accident in their own way.

So, how does this affect the dispute?  Let’s dive in for a closer look.

Comparative Fault in Arizona

In Arizona, pure comparative fault rules apply.  What this means is that an injury plaintiff is not barred from recovering damages even if they have acted negligently (and this negligence has contributed to the injuries at-issue).  Instead, the plaintiff’s overall damages will be reduced in accordance with their fault contribution.

For example, suppose that a plaintiff was hurt in a motorcycle accident and has suffered overall damages equivalent to about $100,000.  If the plaintiff is found 40 percent at-fault for their injuries, then they will be entitled to recover $100,000 minus $40,000, or $60,000 in total.

As the plaintiff, it’s not only important that you “win” your case (i.e., negotiate a settlement or obtain a favorable verdict), but also that you secure the maximum possible compensation given the circumstances.  An effective litigation strategy will therefore seek to minimize your fault.

Standard of Care Basics

For the defendant to prove that you — the motorcyclist plaintiff — were negligent (and that your damages should be reduced accordingly), they will have to show that you violated the applicable standard of care and that this negligence substantially contributed to your injuries.

The standard of care is the degree of caution that must be exercised by a reasonably prudent person in the circumstances.  When determining whether the standard of care has been violated in the motorcycle accident context, the court will consider how another motorcyclist would have acted under similar circumstances.

For example, suppose that you are injured in a left hook motorcycle accident where an incoming car made an illegal turn in front of you.  At the time, you were distracted, and thus did not have enough time to stop safely before the collision.  In evaluating your own contribution of fault, the court will have to determine whether a reasonably prudent motorcyclist in the same conditions and with the same training/experience would have come to a stop before the collision occurred.  Expert testimony will help illuminate what could be expected.

Speak to Our Experienced Phoenix Motorcycle Accident Attorneys for Assistance

Hirsch & Lyon is a Phoenix-based personal injury litigation firm.

Our attorneys have decades of experience handling claims on behalf of those who have suffered harm due to the fault of others.  We represent motorcyclists and others involved in motorcycle accidents, and unlike many of our competitors, our focus is on personal injury cases — this has given us deep insight into what is necessary to succeed in such litigation.  Since our founding, we have helped clients recover over $100 million (in verdicts and settlements).

Call 602-535-1900 or send us an online message to schedule a free and confidential consultation with one of our experienced Phoenix motorcycle accident attorneys.