Under Arizona law, bicyclists have the same rights and duties on the road as drivers (A.R.S. § 28-812). That means motorists must treat cyclists the same way they'd treat another vehicle — maintaining safe following distances, yielding when required, and checking blind spots before turning or changing lanes. Arizona also requires drivers to give cyclists at least three feet of clearance when passing (A.R.S. § 28-735). Violating that statute is direct evidence of negligence.
Who can be liable
The driver who hit you is the most common defendant, but Arizona law allows claims against multiple parties simultaneously. A government entity — city, county, or state — can be liable for dangerous road conditions: potholes, missing signage, defective bike lane designs, or inadequate maintenance. Claims against government bodies require a Notice of Claim within 180 days under A.R.S. § 12-821.01, which is much shorter than the standard personal injury deadline. Manufacturers of defective bicycle components or vehicle parts may also be liable in product liability. Employers of commercial drivers may share liability under respondeat superior doctrine.
Comparative fault
Arizona's pure comparative fault rule (A.R.S. § 12-2505) means your recovery is reduced by your percentage of fault — but you can still recover even if you shared some responsibility. Insurers routinely argue that cyclists were riding unpredictably, failed to use lights, or violated traffic laws to inflate the cyclist's share. See our post on Arizona comparative negligence law.
What a bicycle accident claim can recover
Medical expenses past and future, lost wages and reduced earning capacity, property damage to the bike and equipment, pain and suffering, and emotional distress are all recoverable. Bicycle crashes frequently produce serious injuries — broken bones, traumatic brain injuries, road rash — because cyclists have no structural protection from the impact.
After a bicycle crash
Call 911 and get a police report even if the driver wants to handle it privately. Photograph the vehicle, the crash scene, road conditions, and your injuries. Get the driver's insurance information. Get medical care immediately — even if you feel okay, some injuries don't present symptoms for hours. Don't give a recorded statement to the driver's insurer before speaking with an attorney.
The filing deadline
Arizona gives most personal injury victims two years from the accident date (A.R.S. § 12-542). Claims against government entities require a Notice of Claim within 180 days. See our post on the Arizona personal injury statute of limitations.
Our bicycle accident attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.