Bicycle Accidents
Riding a bicycle on roads shared with motor vehicles can result in serious injuries to the cyclist if an accident occurs. When a driver's negligence puts you in harm's way, you deserve full compensation.
Riding a bicycle on roads shared with motor vehicles can result in serious injuries to the cyclist if an accident occurs. When a driver's negligence puts you in harm's way, you deserve full compensation.
Arizona law gives cyclists specific protections that decide fault in most collisions. When overtaking a bicycle travelling in the same direction, a driver must leave a safe distance of not less than three feet until safely past (A.R.S. § 28-735); where a violation causes a collision resulting in serious physical injury, the penalties increase. Cyclists must generally ride as near as practicable to the right-hand curb (A.R.S. § 28-815), with well-established exceptions for passing, preparing to turn left, and avoiding hazards such as parked cars, debris, drainage grates, and lanes too narrow to share safely. Those exceptions matter, because insurers routinely argue a rider was improperly positioned. Arizona's pure comparative negligence rule means partial fault reduces recovery rather than ending it, and the deadline to sue is two years from the crash (A.R.S. § 12-542). Consultations are free and there is no fee unless we win.
Arizona law does not treat a bicycle as a toy or a pedestrian. A person riding a bicycle on a roadway has all the rights and all the duties of the driver of a vehicle (A.R.S. § 28-812). That single provision decides a great many claims: a cyclist proceeding lawfully through an intersection has the same right of way as a car in the same position, and a driver who violates it is as responsible as they would be in any other collision.
It cuts both ways; a cyclist must obey signals, signs, and right-of-way rules like any other driver. But the starting point in an Arizona bicycle claim is that you belonged on the road, and the burden is on the driver to explain why they failed to see you.
When overtaking a bicycle traveling in the same direction, a driver must leave a safe distance of not less than three feet until safely past (A.R.S. § 28-735). Where a violation causes a collision resulting in serious physical injury, the driver faces a civil penalty of up to $500; where it causes a death, up to $1,000.
Those penalties are modest, but the statute's real value in a civil claim is that it establishes a specific, measurable duty. "The driver passed too close" is a judgment call; "the driver passed within three feet in violation of A.R.S. § 28-735" is a standard with a number attached. Note one limit written into the statute: the enhanced penalties do not apply where a cyclist was injured in a vehicular traffic lane while a designated, passable bicycle lane was available.
A cyclist traveling slower than surrounding traffic must generally ride as far to the right as practicable (A.R.S. § 28-815); with well-established exceptions for passing, preparing to turn left, and avoiding hazards such as parked cars, debris, drainage grates, and lanes too narrow to share safely. Insurers often cite this statute as though it required riding in the gutter regardless of conditions. It does not, and the hazard exceptions frequently describe exactly what the cyclist was doing.
Arizona also requires specific equipment for riding at night: a front lamp visible from at least 500 feet and a rear reflector or light (A.R.S. § 28-817). Missing lights do not bar a claim, but they invite a comparative fault argument, so it is worth documenting what you had.
Arizona has no statewide bicycle helmet law for adults. Some municipalities impose requirements on younger riders, but there is no general adult mandate, and riding without a helmet is not a statutory violation. As with motorcycle cases, insurers raise it to discount head injury claims; it is a valuation tactic rather than a defense grounded in Arizona law.
Hit-and-run is common in bicycle collisions. Your own uninsured motorist coverage generally reaches you while cycling; you need not have been in a vehicle, and the coverage often extends to household family members. Report the collision to police promptly, since UM claims typically require it, and preserve any camera footage from nearby businesses before it is overwritten. Bicycle computers, phone GPS, and video from other riders are frequently decisive on speed and positioning.
In Arizona, if you were injured in a bicycle accident you generally must bring a claim within two years of the date of the incident (A.R.S. § 12-542). If legal action is not sought within this time you forfeit your right to sue the negligent driver.
If a government vehicle caused the crash, or a defect in a public roadway or bike path contributed to it, a notice of claim must generally be served within 180 days (A.R.S. § 12-821.01) and suit filed within one year. Where a collision was fatal, a wrongful death action follows its own rules (A.R.S. § 12-611). Claims involving an injured child are treated differently again.
If you or a loved one have been injured in a bicycle accident, contact Sher Law Group for a free case review. If we take your case, we will not only help you navigate through the legal process but also help you find medical providers that will await compensation for their services until your claim is resolved. We are here to protect your rights and ensure you receive the maximum settlement to help make you whole.
Yes. Under A.R.S. § 28-812 a person riding a bicycle on a roadway has all the rights and all the duties of the driver of a vehicle. A cyclist proceeding lawfully has the same right of way as a car in the same position, and the same obligation to obey signals and signs.
No closer than three feet. A.R.S. § 28-735 requires a driver overtaking a bicycle to leave a safe distance of not less than three feet until safely past. A violation causing serious physical injury carries a civil penalty of up to $500, and up to $1,000 where it causes a death.
Arizona has no statewide bicycle helmet requirement for adults, so riding without one violates no statute. Insurers commonly raise it to discount head injury claims, but it is an argument about value rather than a bar to recovery.
Not on its own. A.R.S. § 28-815 requires riding as far right as practicable, but it contains express exceptions for passing, preparing to turn left, and avoiding hazards such as parked cars, debris, grates, and lanes too narrow to share safely. Those exceptions often describe precisely why the cyclist was positioned where they were.
Your own uninsured motorist coverage generally applies to a cyclist struck by an unidentified driver, and often extends to household family members. Report the collision to police promptly, since UM claims typically require it, and move quickly to preserve nearby surveillance footage.
Generally two years from the date of the collision under A.R.S. § 12-542. If a government vehicle or a public roadway defect was involved, a notice of claim is generally due within 180 days under A.R.S. § 12-821.01.
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