Personal Injury & Torts
The Law Offices of Joseph L. Eggleston & Associates is a personal injury law firm with a focus on protecting the rights of motorcyclists in the states of California and Arizona. Through their affiliation with AIM and NCOM, they belong to a nationwide network of attorneys dedicated to protecting the rights and lifestyles of motorcyclists.
There are many factors that can contribute to or cause a
motorcycle accident or auto accident, which include negligence
or carelessness of another driver, unsafe conditions
or hazardous roads and highways, improper maintenance
of the roads and highways, defective motorcycle design,
faulty repair work on your motorcycle, etc. You need
an experienced motorcycle accident attorney to evaluate
your particular situation and assess how best to handle
your claim.
If you have been injured in a motorcycle accident,
call Joe today for a free legal consultation, toll free
at 1-800-TO CYCLE (1-800-862-9253).
WHAT IS NEGLIGENCE?
You have a right to file a claim against a negligent
driver if you can prove 3 things.
- Negligence. The other drive failed
to use proper care when operating his vehicle.
- Causation. The negligence of the
other driver caused the accident.
- Damages. You suffered injuries
as a result of the accident.
You may be able to monetarily recover your losses for
damage to your property as well as damages associated
with personal injury (medical bills, lost wages, loss
of future earnings, loss of enjoyment of life and so
on) and, in some cases, punitive damages if you can
prove that the negligent driver was malicious (driving
drunk, etc.).
The popularity of motorcycle riding has dramatically
increased over the last 10 years. 300,000 motorcycles
were registered nationwide in 1990 compared with over
700,000 nationwide registrations in 2000. With the increase
in new, inexperienced riders (often over 40 and just
taking up motorcycle riding for the first time) also
comes the likelihood that you may be injured not only
by an automobile driver but perhaps by another motorcycle.
You must protect yourself and your family by carrying
enough insurance to pay for all of your damages in the
event that the other party underinsured or uninsured. California laws only require
a driver to carry a minimum insurance policy of $15,000.
This would not even begin to cover you in the event
of catastrophic injury when medical bills alone can
add up to hundreds of thousands of dollars.
California Insurance Laws:
$15,000 for injury or death of 1 person per accident
$30,000 for injury or death of 2 or more persons per
accident
$5,000 for property damage per accident
Persons operating a vehicle in this state who are unlicensed
or have an invalid California or out-of-state driver
license are subject to the same financial responsibility
laws as valid California licensed drivers.
Arizona Insurance Laws:
Arizona requires that every motor vehicle operated
on our roadways be covered by one of the statutory forms
of financial responsibility, more commonly called
liability insurance, through a company that is authorized
to do business in Arizona. This includes golf carts,
motorcycles and mopeds.
The minimum levels are:
$15,000 bodily injury liability for one person
$30,000 for two or more persons
$10,000 property damage liability
WHAT AMOUNT OF INSURANCE DO I NEED?
Make sure your own insurance policy is large enough
to cover you for all losses should you be involved in
an accident. Consider what the expenses might be, and
purchase a policy large enough to cover you and your
family. Raising the coverage from the minimum of $15,000
to $100,000 doesn’t increase the cost very much
and will protect you. You must include “Uninsured
motorist” and “Underinsured
motorist” in the policy.
“Uninsured motorist”
means that the person responsible for your injuries
is operating a vehicle without any insurance coverage
whatsoever. If you have purchased uninsured motorist
coverage, you will be able to collect from your insurance
company to recoup your damages (both property and personal).
“Underinsured motorist”
means that the person responsible for your injuries
has opted to purchase only the minimum policy required
by law. If you have purchased underinsured motorist
coverage, you will be able to collect from your insurance
company to recoup your damages (both property and personal)
that exceed the responsible party’s limits.
What to do In Case of An Accident:
The National Safety Council (NSC) reports that one
out of every eight licensed drivers will be involved
in an accident this year. In the unfortunate circumstance
that you find yourself to be that one in eight, here are some
steps to remember, as compiled by the NSC:
- Stop your vehicle if it is clear,
safe and legal.
- Move the vehicle out of the traveled
roadway, if it is clear, safe and legal. (In some
states it is against the law to move the vehicle from
the place where the accident occurred. Check the ordinance
in your area.)
- Turn off the ignitions of the cars
involved.
- Make a first aid check of all persons
involved in the accident.
- Call the police and, if necessary,
emergency medical services.
- Mark the scene of the accident
with flares or retroreflective triangles.
- Gather the names of all persons
in the motor vehicles and people who witnessed the
accident.
- Make a quick diagram of where the
vehicle occupants were seated and indicate the vehicles'
direction of travel and lane. Also note the date,
time and weather conditions.
- Ask to see the other driver's license
and write down the number.
- Exchange insurance company information.
DO NOT discuss "fault" or make statements
about the accident to anyone but the police.
- Get a copy of the police report
of the accident from the local precinct.
If you have been injured, you will need qualified Legal
Advice. Call the Law Offices of Joseph L. Eggleston at 1-800-862-9253.
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