Bicycle Accidents Lawyer
Have you been in a bicycle accident?
Bicycle crashes can cause serious injuries, and some are fatal. If you or someone you love was hurt in a bicycle crash in Arizona, Accident Law Group can explain how a claim generally works and what your options may be.
Bicycles are becoming an increasingly popular mode of transportation, and many local areas are increasing bike lanes and trying to improve safety for bicycle riders. Unfortunately, many motorists still do not know how to share the road with bike riders, and drivers who make mistakes or who are careless could cause a bicyclist to sustain life-altering injuries.
When a driver causes a bicycle accident and serious injuries or death result from the crash, the driver who was responsible may be liable for the harm. The injured person, however, generally has to bring the claim and show that the driver was at fault.
This can be challenging, especially when you are coping with serious injuries or if your loved one has been killed in a bike accident and you are dealing with grief.
Talking with a bicycle accident attorney can help you understand and protect your rights after a crash in Arizona. Our attorneys can help you pursue a bike accident claim. At Accident Law Group, we can work with you through each step, with guidance on the insurance process and your claim.
Bicycle Rider Safety
Arizona Department of Transportation Active Transportation Program has a Bicycling Safety Program
If you ride at night, Arizona law (A.R.S. 28-817) requires your bicycle to have:
- a white headlight visible from at least 500 feet
- a red rear reflector visible from 50 to 300 feet
A cyclist may also have a red tail light visible from 500 feet (blinking tail lights are eye-catching). You may want to consider wearing a reflective vest or reflective tape on your helmet or clothes.
Bike Smart, Bicycle Safety
To be safe and avoid a cycling accident or a bike crash, bicyclists should ride with traffic and be aware of hazards, cars, and people around them. Bike smart and follow these safety tips for biking in Arizona:
Arizona Bicycling Organizations, Clubs, and Programs
Many Arizona Cities and Counties have bicycle programs that promote bicycle transportation and safety. These programs typically coordinate a bicycle planning process for a city or region and identify policies and priorities for investing in a local bicycle system. They can provide specific information on bicycling in your area, including existing and planned trails and bikeways.
Bicycle Accidents Lawyer For All Sorts of Bicycle Accident Cases
You don’t have to hire a lawyer after a bicycle crash. However, a bicycle accident lawyer can help an injured cyclist understand and protect their rights. After a crash there is a lot to handle, such as getting medical care, dealing with insurance companies, and keeping track of bills and other losses.
A bicycle crash can look minor next to a car crash, but riders have little protection, and injuries such as brain or spinal cord injuries are possible. If you were hurt, it can help to talk with a bicycle accident lawyer about your options.
How Soon After a Bicycle Accident Should You Call a Lawyer?
There is no single right time, but talking with a lawyer early can help. Evidence such as photos, witness names, and damage to the bike can be lost over time, and Arizona has filing deadlines (see the FAQ below). A lawyer can also handle communication with insurance companies while you focus on your medical care.
Understanding Your Rights After a Bicycle Crash
Handling an insurance claim can be hard if you have never done it before, and no one expects you to learn the legal process overnight. A lawyer can help make the process more balanced.
Insurance companies may use tactics such as:
Denying cyclists’ claims right away
Offering cyclists a lowball settlement
Downplaying cyclists’ injuries and damages
Trying to intimidate cyclists into accepting less
Getting cyclists to say something that they can use against them
Without legal advice, it can be easy to accept an offer that does not reflect all of your losses. Many injured cyclists do not realize how much a crash may cost them over time. Medical bills, lost income, bike repairs, and other losses can add up to more than they seem at first.
Choosing a Lawyer After a Bicycle Accident
Lawyers focus on different kinds of work. After a bicycle crash, it can help to choose a bicycle accidents lawyer who handles injury claims like yours.
A quick settlement may seem appealing, but it is generally wise to understand the full extent of your injuries and losses before you accept an offer. When you talk with any lawyer, it can help to ask whether they:
Have handled bicycle accident cases
Can provide references from past clients
Have worked on cases similar to yours
Have time to give your case attention
Will explain the process and keep you updated
Are prepared to take a case to trial if needed
How Our Team Can Help
Insurance companies handle claims every day, and most injured people do not. Our lawyers can help you avoid saying or signing things that could hurt your claim.
An early offer may not reflect all of your losses. When we review a claim, we generally look at current and future medical costs, lost income, and non-economic damages such as pain and suffering.
Insurance companies know you may be in pain after a crash, and a first offer can seem appealing. Accepting a settlement and signing a release generally ends your ability to seek more for that claim, so it can help to have a lawyer review any offer or document before you sign it or accept payment.
Personal Injury Lawyer
If you or someone you love was hurt in a bicycle crash in Arizona, Accident Law Group can help you understand your options and how a claim generally works. The questions below cover common issues in Arizona bicycle cases.
Bicycle Accident FAQ
Here are plain answers to common questions about bicycle crashes in Arizona, from the rules of the road to insurance and deadlines. This is general information, not legal advice for your situation.
Generally, yes. A person riding a bicycle on a roadway or on the shoulder has the rights, and the duties, of a vehicle driver under Arizona traffic law, except for bicycle-specific rules and rules that by their nature cannot apply (A.R.S. 28-812). One bicycle rule is to ride as close as practicable to the right edge when slower than traffic, with exceptions such as passing, preparing for a left turn, avoiding hazards, or a lane too narrow to share safely. Drivers generally may not drive, stop, or park in a marked bike lane except in an emergency or to cross it (A.R.S. 28-815).
Arizona law requires a driver overtaking a bicycle going the same direction to use due care and leave a safe distance of not less than three feet until the vehicle is safely past (A.R.S. 28-735). The statute also sets civil penalties when a violation causes a collision resulting in serious physical injury or death. That penalty section generally does not apply if the rider was in a traffic lane when a designated bike lane or path was present and passable. In an injury claim, whether a driver followed the passing rule can be part of how fault is decided, along with the other facts.
At night, Arizona generally requires a bicycle to have a white front lamp visible from at least 500 feet and an approved red rear reflector visible from 50 to 300 feet when lit by headlights. A red rear lamp may be added (A.R.S. 28-817). A bicycle must also have a brake that can make the braked wheels skid on dry, level, clean pavement, and it may not have a siren or whistle. If required equipment was missing, the other side may argue it contributed to the crash. Under Arizona’s comparative fault rule, that argument generally affects how damages are shared rather than barring a claim.
Arizona has no statewide helmet law for bicycle riders, although some cities have rules for riders under 18, such as Tucson (Tucson City Code 20-29). Not wearing a helmet generally does not bar an injury claim. In seat belt and motorcycle helmet cases, Arizona courts have let the other side seek reduced damages only with evidence that the nonuse caused or worsened specific injuries, and by how much (Law v. Superior Court, 1988; Warfel v. Cheney, 1988). We are not aware of a published Arizona appellate decision applying that rule to bicycle helmets, so how it would apply can depend on the case.
Arizona law says a person may not open a vehicle door unless it is reasonably safe to do so and can be done without interfering with moving traffic. It also says a door may not be left open on the side exposed to traffic longer than needed for loading or unloading (A.R.S. 28-905). Because a rider on the roadway generally has the rights of a driver (A.R.S. 28-812), a door opened into a rider’s path may support a claim against the person who opened it. Who is responsible, and which insurance applies, depends on the facts, so it can help to note the vehicle, the person, and any witnesses.
It may. Arizona insurers that write auto liability policies must offer uninsured (UM) and underinsured (UIM) motorist coverage that extends to all persons insured under the policy (A.R.S. 20-259.01). UM coverage generally applies when the vehicle that caused the injury had no qualifying liability insurance, and UIM generally applies when the at-fault driver’s limits are less than the total damages. Whether it covers you while riding a bicycle depends on your policy’s terms. If an unidentified vehicle caused the crash without physical contact, the statute requires corroboration, such as other evidence that confirms your account. Your declarations page shows which coverages you have.
Arizona uses pure comparative fault. If a rider is found partly at fault, damages are generally reduced by the rider’s percentage of fault rather than barred (A.R.S. 12-2505). For example, the other side may argue that a rider ran a stop sign or did not have a required light at night. The same rule generally applies when fault is shared among several drivers or others involved. There is an exception: comparative fault does not apply in favor of a claimant who intentionally, wilfully, or wantonly caused or contributed to the injury. Fault is decided based on the evidence, which is one reason photos and witness names can matter.
Arizona generally allows two years to file a personal injury lawsuit (A.R.S. 12-542). If a claim involves a city, county, or the state, for example a road defect or a government vehicle, a written notice of claim is generally due within 180 days after the claim arises, and a lawsuit within one year (A.R.S. 12-821.01 and 12-821). Different rules can apply to minors (A.R.S. 12-502). Because these deadlines can be hard to calculate and some are short, it can help to have the dates reviewed early. When you are ready, call Accident Law Group at (602) 333-3333.
Related practice areas & guides
A bicycle crash can raise related questions. These pages may help you find related information.
- Car accident attorney — injuries from car crashes
- Motorcycle accident lawyers — riders hurt in crashes
- Pedestrian accident lawyers — people hurt while walking
- Traumatic brain injury lawyer — head and brain injuries
- Scar and disfigurement injuries — scarring after road rash, cuts, or surgery
- Product liability lawyer — when a defective bicycle part or other product may be involved
- Wrongful death attorneys — when a crash takes a loved one’s life
- Bicycle accidents at intersections — left cross, right hook, and dooring crashes
- Common bicycle crash types and injuries — what usually happens and how fault is shared
- Frequently asked questions — general questions about injury claims
- Meet our attorneys — the Accident Law Group team
- Visit or contact us — offices in Arizona and New Mexico
When you are ready to talk, call (602) 333-3333 in Arizona or (575) 333-3333 in New Mexico.
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