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Motorcycle Accident: When Can I Sue?

Phoenix has a well-developed road infrastructure attracting motorcycle riders from within the city and neighboring areas. Moreover, the city has a network of highways, byways, and scenic roads that provide enjoyable riding experiences. Additionally, the city’s layout offers various routes and destinations for riders to explore.

Phoenix has a vibrant motorcycle community, with numerous events, rallies, and gatherings throughout the year. These events provide opportunities for motorcyclists to connect, share experiences, and participate in group rides. The sense of community and camaraderie among riders is attractive to many enthusiasts. However, with the many bikes on the roads, accidents become inevitable.

While riding a motorcycle is a thrilling experience, the downside is that it comes with a unique set of risks. Motorcyclists are more vulnerable to accidents than any other driver because they do not have the same protection as those inside a car. Thus, when an accident occurs on the road involving a motorcyclist, it is important to understand what legal recourse is available for them.

If you or a loved one was injured during a ride, hire a lawyer after a motorcycle crash to guide you through the restitution process. Meanwhile, this blog post will discuss when a motorcyclist may have grounds to sue after an accident and explore the types of lawsuits that can be pursued.


The primary factor in determining if one has grounds to sue after an accident is whether or not there was any negligence. If someone acted carelessly or recklessly, leading to an accident, they could be liable for any damages that others involved in that crash suffered.

Negligence could come from anyone involved in the accident, including other drivers on the road, pedestrians, or even motorcycle manufacturers if their products were defective. For example, if another driver fails to see a motorcyclist at night and crashes into them, causing injuries that could have been avoided had they seen them earlier, such as broken bones or spinal injuries which require rehabilitation, this would qualify as negligent behavior.

Proving Negligence

To pursue a lawsuit based on negligence, you must prove several things:

  • That there was some duty owed by one party towards another, like following traffic rules
  • Their actions breached the duty
  • The breach contributed directly to causing harm

If it has been proven through evidence collected at the scene and testimony of witness statements (if available), then one may file suit against whoever caused them injury due to their negligent behavior, such as medical bills from surgeries required following your motorcycle accident.

Comparative Fault Rules

However, it is important to remember that comparative fault rules can impact a lawsuit dramatically if applied in terms of responsibility for the accident. If you were also found to have acted negligently, it could bar you from recovering damages depending on which state’s laws apply-the case, even going so far as having payouts made by percentages of fault.

This means there might be limits on how much compensation one can claim or receive for injuries sustained in the accident based on any contributory negligence – according to some legal systems – demonstrated by either party involved.

Types of Motorcycle Accident Lawsuits

After an injury from a motorcycle accident caused by another person’s negligent behavior, an injured person may file a lawsuit in pursuit of financial compensation. This includes economic damages such as medical bills, and lost income, and non-economic damage like pain and suffering. These cases are often handled by personal injury attorneys specializing in motorcycle accidents.

There are several types of lawsuits that motorcyclists can pursue after being involved in an accident:

  • Insurance claims usually require proof that the other party was at fault (based on available evidence.
  • Product liability suits – if your motorcycle were defective, then this would fall under product liability law rather than personal injury law 
  • Wrongful death – if someone dies due to another driver’s negligent behavior while operating a motor vehicle, then potential beneficiaries (such as spouse/children/living family members) may be able to pursue wrongful death claims seeking coverage for funeral expenses plus other costs related to loss denoted by their estate planning lawyer. 

Statute of Limitations

It is important to note these kinds of lawsuits often carry time constraints based on statute-of-limitations laws varying per jurisdiction/state, setting its limit anywhere between one year to six years. It freezes further opportunities for filing claims. It is essential to consult with a competent attorney to assess the merits of your case.


While motorcycle accidents can be devastating, legal remedies are available to those who suffer injuries caused by someone else’s negligence. If you have been involved in a motorcycle accident and believe another party was responsible for your damages, it is important to speak with an experienced personal injury attorney as soon as possible.

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