For a plaintiff motorcycle rider to recover in a motorcycle case, he must prove negligence, fault, causation, and injury just as in any other case. Motorcycle accidents are common because many car drivers simply do not pay attention to motorcycles. While an adult does have to wear a helmet, Arizona requires that anyone under 18 wear a helmet.
An important issue in motorcycle accident cases, as all personal injury cases, is damages. An award of economic or special damages compensates an injured person to recover economic losses such as medical expenses and lost wages. The Revised Arizona Jury Instructions contains the following jury instruction regarding the measure of damages:
If you find [any] defendant liable to plaintiff, you must then decide the full amount of money that will reasonably and fairly compensate plaintiff for each of the following elements of damages proved the evidence to have resulted from the fault of defendant:
- The nature, extent and duration of the injury
- The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury.
- Reasonable expensed of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future.
- Lost earnings to date, and any decrease in earning power or capacity in the future.
- Loss of love, care, affection, companionship, and other pleasure of the family relationship.
Further, a motorcycle plaintiff, in the right case, could recover for punitive damages. A plaintiff may recover punitive or exemplary damages if the defendant is found liable to the plaintiff and plaintiff proves by clear and convincing evidence, either direct or circumstantial, that defendant acted with an evil mind. That means intent to cause injury, or wrongful conduct motivated by spite or ill will; or defendant acted to serve his own interests, having reason to know and consciously disregarding a substantial risk that his conduct might significantly injury the rights of other. The amount of punitive damages is not fixed by law; rather the jury has discretion the determining the proper amount of damages. In making that determination, the jury is entitled to consider the character of defendant's conduct or motive, the nature and extent of the harm to the plaintiff that the defendant caused, and the nature and extent of defendant's financial wealth.
Finally, a motorcycle plaintiff with a pre-existing injury that was aggravated or made worse by the defendant's fault is entitled to recover an amount of money that will reasonably and fairly compensate plaintiff for that aggravation or worsening. Plaintiff is entitled to recover the full amount of damage even if plaintiff was more susceptible to injury than a normally healthy person would have been, and even if a normally healthy person would not have suffered a similar injury.
If you or a loved one has been hurt in a motorcycle accident, please contact us today to get the help you deserve.
