12 News reported that a bicyclist was seriously hurt in a crash in central Phoenix. According to the outlet, the crash happened around 5:30 a.m. near 16th Street and McDowell Road. No other details about how the collision occurred have been reported, and no determination of fault has been made.
A bicyclist injured in a collision with a motor vehicle in Arizona has the same claim a driver would have, and often a stronger one, because state law gives riders specific protections. Under A.R.S. § 28-735, a motorist overtaking a bicycle must leave at least three feet of space; a violation can be evidence of negligence. Arizona applies pure comparative fault under A.R.S. § 12-2505, so a rider who was partly at fault still recovers, reduced by the rider's percentage of responsibility; there is no cutoff that bars recovery. Most injury claims must be filed within two years under A.R.S. § 12-542. If a city, county, or state vehicle or roadway condition is involved, A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of the event, a much shorter window that is easy to miss while someone is still hospitalized.
What Arizona Law Requires of Drivers Around Bicyclists
A bicycle is treated as a vehicle on Arizona roads, which means a rider is owed the same care a driver is owed. Two statutes matter most in these cases. A.R.S. § 28-735 requires a driver passing a bicycle traveling in the same direction to leave a safe distance of at least three feet until safely clear. A.R.S. § 28-661 requires any driver involved in a crash involving injury to stop, give information, and render reasonable assistance.
Neither statute decides a case by itself. What they do is set a standard. If investigators find that a driver passed too closely, turned across a rider's path, or failed to yield, that finding becomes the factual core of a negligence claim. Until an investigation concludes, no one should be described as at fault, including the rider.
Evidence in Bicycle Cases Disappears Within Days
Bicycle crashes generate less physical evidence than car collisions, and what exists is fragile. Practical steps for the rider or the family:
- Do not repair, discard, or return the bicycle, the helmet, or the damaged clothing. They show impact direction and force.
- Photograph the bicycle and any injuries before medical treatment changes their appearance.
- Request the police report as soon as it is available, and note the report number.
- Identify nearby businesses, apartment buildings, or traffic cameras that may have recorded the intersection. Private video is frequently overwritten in a matter of days.
- Preserve any bike computer, phone, or fitness app data showing speed and route.
- Write down what you remember while it is fresh, including lighting and traffic conditions.
Say nothing recorded to the other driver's insurer before you understand the extent of your injuries. Early statements taken from someone on pain medication get used later.
Who Pays When the Injuries Are Serious
Serious bicycle injuries commonly outrun the at-fault driver's liability limits. Other sources may apply. Your own auto policy's uninsured and underinsured motorist coverage can cover you while riding a bicycle, even though no car of yours was involved; check the declarations page rather than assuming. Medical payments coverage and health insurance can carry bills in the interim, though the insurer may assert a lien on any settlement. If a family member died, Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, control who may bring the claim and what may be recovered, and A.R.S. § 14-3110 governs claims that survive the person who was injured.
Do not settle before a treating physician has described the long-term picture. Serious head, spine, and joint injuries are often worth several times what the first offer reflects.
If you or a family member was hurt riding in the city, our Phoenix bicycle accident attorneys can explain your options and the deadlines that apply.