12 News reported that a bicyclist was injured in a crash in Scottsdale. According to that report, police said the bicyclist was taken to the hospital with "potentially life-threatening injuries." No determination of fault has been reported, and nothing beyond those facts is known at this point.
In Arizona, a bicyclist struck by a motor vehicle has the same right to bring a negligence claim as any other person injured on the road, and a bicycle is treated as a vehicle with the rights and duties that come with that status. The claim generally must be filed within two years under A.R.S. § 12-542, and that window shrinks sharply when a city, county, or state entity may share responsibility; A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues. Recoverable damages include emergency and ongoing medical care, lost income, reduced earning capacity, and pain and disability. Arizona follows pure comparative fault under A.R.S. § 12-2505, so a rider found partly responsible still recovers, with the award reduced by that percentage. A rider who cannot communicate because of injury does not lose these rights; a family member or legal representative can begin gathering evidence immediately.
The Arizona Rules That Usually Decide a Bicycle Case
Two statutes come up in almost every bicycle claim. A.R.S. § 28-735 requires a driver overtaking a bicycle traveling in the same direction to leave at least three feet of space between the vehicle and the bicycle. A violation of that passing rule is evidence a jury can weigh when deciding whether the driver acted reasonably, and it also matters because penalties increase when a pass causes serious physical injury.
A.R.S. § 28-661 requires a driver involved in a crash causing injury or death to stop at the scene, remain there, and provide identifying information. If a driver leaves, the claim does not disappear. Uninsured motorist coverage on the injured rider's own auto policy, or on a resident family member's policy, frequently applies to a bicyclist hit by an unidentified or uninsured driver, even though the rider was not in a car at the time.
Comparative fault under A.R.S. § 12-2505 is the rule insurers lean on hardest. Expect questions about lighting, clothing, lane position, and helmet use. In Arizona, being assigned some share of fault reduces the recovery; it does not bar it.
Deadlines That Can Quietly End a Claim
The general deadline for a personal injury lawsuit in Arizona is two years from the date of injury under A.R.S. § 12-542. If a public entity or a public employee may bear any responsibility, for example because of a roadway condition or a government vehicle, A.R.S. § 12-821.01 requires a notice of claim delivered within 180 days. That notice has to state a specific settlement amount and the facts supporting it. Miss it and the claim against that entity is barred, no matter how strong the underlying facts are.
If a person dies from crash injuries, Arizona law provides separate paths: a wrongful death action under A.R.S. § 12-611 through A.R.S. § 12-613 for the surviving spouse, children, parents, or the estate, and a survival action under A.R.S. § 14-3110 for the claims the injured person held before death. These are distinct claims with distinct damages, and they are frequently brought together.
Practical Steps While Someone Is Still in the Hospital
When a rider is seriously hurt, the people around them have to act first. A few things matter more than the rest:
- Request the police report once it is released, and write down the report number.
- Ask the hospital to preserve the clothing, helmet, and any items that came in with the patient. Do not throw out the bicycle or have it repaired; the damage pattern is evidence.
- Photograph the bicycle, the helmet, and visible injuries as they change over the following weeks.
- Identify businesses and residences near the location that may have camera footage. Much of that footage is overwritten within days.
- Notify the injured person's own auto insurer, which may provide medical payments and uninsured or underinsured motorist coverage.
- Decline to give a recorded statement to the other driver's insurer until the full extent of the injuries is understood.
Medical bills arrive long before any settlement does. Health insurance, MedPay, and hospital liens all interact, and sorting out who pays first affects how much of a recovery the injured person actually keeps.
If you or a family member was hurt riding in this area, you can read more about how these claims work on our Scottsdale bicycle accident lawyer page.