A motorcyclist has died after being hit by a car in Phoenix last Sunday night near 67th Avenue and Happy Valley Road. A 39-year-old man was riding his motorcycle around 7 p.m. when a car came from a private driveway to make a left turn onto Happy Valley Road. It collided with the motorcycle, according to Phoenix Police. The driver of the car, a 76-year-old woman, was uninjured. The man from the motorcycle was taken to the hospital and was pronounced dead. Investigators do not believe impairment, or speed were factors, but the investigation is still ongoing.
Motor vehicle accident.
Under Arizona’s comparative negligence laws, an injured party is allowed to recover damages even if they are 99% at fault, but fault must be proven and compensation for the damages from the injury may be adjusted in accordance with the fault assigned to each party. When a pedestrian, motorcyclist, or driver of any type of motor vehicle is injured, or is killed by a negligent driver in Arizona, compensation for damages may be pursued with the help of an attorney. There is a two year time period to file a suit after an accident in Arizona, referred to as the statute of limitations.
A wrongful death legal action is a particular type of lawsuit that is brought by representatives, or loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
Compensatory damages meant to restore an individual back to the state they were in prior to the accident and include an award of money to compensate for actual economic losses, based on property damage, and/or injury. Total awards can include:
- Economic damages include present and future loss of earnings, medical bills, funeral and burial expenses, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages – Arizona law makes it very difficult to sue for punitive damages that are meant to deter future similar acts. This difficulty comes from the lack of guidance in the laws on the books, coupled with restrictive state court rulings that have allowed for punitive damages only when an individual’s actions are found to be intentional, egregious, and harmful.
Hire a lawyer.
If you have lost a loved one to a motorcycle accident, hiring competent legal counsel at the Schmidt Law Group who can objectively speak on your behalf in a courtroom, or against an insurance company’s legal team is essential to yield a swift and fair monetary settlement.
Schmidt Law Group
3770 North 7th Street
Phoenix, AZ 85014
Tel: (602) 282-0047
Fax: (602) 865-8123
E-mail: [email protected]