How Arizona’s Comparative Negligence Laws Affect Motorcycle Accident Claims
An experienced attorney can fight to hold negligent parties accountable
Arizona’s open roads and warm weather make it a popular place for motorcyclists, but crashes are common and often severe. Riders face unique risks, from heavy traffic in Phoenix and Tucson to hazardous rural highways like U.S. Route 93 and State Route 87. Unlike drivers in passenger vehicles, motorcyclists have little protection in a crash, making serious injuries more likely.
Even when another driver is clearly responsible for a motorcycle accident, injured riders often struggle to secure compensation. Insurance companies use Arizona’s pure comparative negligence law to dispute claims and reduce payouts.
How Arizona’s comparative negligence law works
Arizona follows a pure comparative negligence system, which means that fault is divided among all parties involved in an accident. If a motorcyclist is found partially at fault, their total compensation is reduced based on their percentage of responsibility.
For example:
- A motorcyclist with $100,000 in damages who is found 20% at fault will only recover $80,000 (80% of the total).
- A rider found 60% at fault will only receive 40% of their damages, but they are not barred from recovering compensation entirely.
Unlike states that prevent recovery if a victim is more than 50% responsible, Arizona allows injured motorcyclists to seek compensation no matter their level of fault. However, the more blame an insurance company assigns to the rider, the less money they have to pay – giving them a financial incentive to argue the motorcyclist was responsible for the crash.
How comparative negligence affects motorcycle accident claims
Arizona’s comparative negligence law directly impacts the amount of compensation an injured motorcyclist can recover. The higher the percentage of fault assigned to the rider, the lower their final payout. Insurance companies rely on this rule to minimize settlements, often using biased arguments to push more fault onto the motorcyclist.
Consider these Arizona-specific examples:
- A driver makes an illegal left turn at a busy intersection in Phoenix and collides with a motorcycle. The insurance company claims the rider was going too fast for conditions. If the motorcyclist is found 30% at fault, they will only recover 70% of their damages.
- A car rear-ends a motorcycle at a red light in Gilbert, but the insurer argues the rider stopped too suddenly. If the rider is found 40% at fault, they will only receive 60% of their settlement.
- A driver changes lanes on Loop 101 in Scottsdale without checking their blind spot and crashes into a motorcyclist. The insurance company claims the rider should have anticipated the move. If the motorcyclist is assigned 50% of the blame, their settlement is cut in half.
Insurance companies aggressively push for higher fault percentages because every percentage point they shift onto the rider reduces their financial obligation.
How insurance companies use comparative negligence to reduce payouts
Insurers routinely use Arizona’s comparative negligence law to minimize payouts, using arguments designed to push fault onto the motorcyclist. Some of the most common tactics include:
- Blaming speed: Insurers often claim the motorcyclist was going too fast, even if the crash was caused by another driver cutting them off or running a red light.
- Arguing that the rider was in a blind spot: If a driver fails to check their mirrors before merging, the insurer may still argue that the motorcyclist should have anticipated the move.
- Claiming the rider made a sudden stop: Even in rear-end collisions, insurers sometimes argue that the motorcyclist braked too hard, contributing to the crash.
- Using helmet laws against the rider: Arizona does not require helmets for riders over 18, but insurers may argue that a motorcyclist’s head or neck injuries were worsened by the lack of a helmet, reducing their compensation.
- Suggesting reckless or inexperienced riding: Insurers may claim that the motorcyclist was lane-splitting, weaving between cars, or otherwise riding irresponsibly – even if there is no evidence of this.
These arguments take advantage of the common perception that motorcyclists engage in risky behavior. Without strong evidence to dispute these claims, injured riders may see their compensation unfairly reduced.
Fight back: How to minimize fault and secure compensation
The best way to counter these tactics is with solid evidence. Insurance companies will exploit any gaps in documentation, so injured riders need to take immediate steps to protect their claims. The most effective forms of evidence include:
- Traffic camera or dashcam footage showing exactly how the crash occurred.
- Accident reconstruction reports that analyze skid marks, vehicle damage, and other crash details to establish fault.
- Black box data from the at-fault driver’s vehicle, which can show their speed and braking at the time of impact.
- Eyewitness statements that support the motorcyclist’s version of events.
- Medical records and expert testimony proving that injuries were caused by the crash, not pre-existing conditions or the lack of a helmet.
- Expert witnesses, such as accident reconstruction specialists, can be crucial in proving liability. Their testimony can counter false narratives from insurers and demonstrate exactly how the crash happened.
While many motorcycle accident claims are settled out of court, some cases go to trial when the insurance company refuses to offer a fair settlement. When this happens, a jury will evaluate the evidence and determine how much fault, if any, should be assigned to the motorcyclist. The jury will then decide how much compensation the rider should receive and adjust the award based on Arizona’s comparative negligence system.
Protecting your right to compensation after an Arizona motorcycle accident
Motorcycle accidents often result in catastrophic injuries that require long-term medical care, rehabilitation, and significant financial support. Arizona’s pure comparative negligence law allows injured motorcyclists to recover compensation even if they share some fault for the accident. However, insurance companies use this law to minimize payouts, making it critical to build a strong case. Without legal representation, injured riders risk settling for far less than they need to move forward. Compensation should cover:
- Medical bills
- Future surgeries, rehabilitation, and therapy
- Lost wages and reduced earning potential
- Permanent disabilities and ongoing care needs
- Pain, suffering, and emotional trauma
Fighting for fair compensation is never easy, but the right legal strategy makes all the difference. Injured motorcyclists deserve full and fair compensation, and with experienced legal support, they don’t have to settle for less.
Aggressive representation for Arizona motorcycle accident victims
The Arizona motorcycle accident lawyers at Browne Law Group know that victims often face unfair blame from insurance companies looking to minimize payouts. Attorney Byron Browne and his team fight aggressively for injured riders across Arizona, ensuring they get the compensation they deserve. If you’ve been hurt in a motorcycle crash, don’t let the insurance companies push you around. Our case results include $1.5 million and $1 million motorcycle accident settlements. Contact Browne Law Group today for a free consultation and find out
“This law group provided exceptional service and support throughout my legal process. Their communication was clear, consistent, and easy to understand. They patiently guided me through each step, ensuring I felt informed and confident. I greatly appreciate their professionalism and dedication to my case. I highly recommend their services to anyone in need of legal assistance.”
- Ruben N.
⭐⭐⭐⭐⭐
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