A juvenile bicyclist was injured in a crash with a car near Galveston and Recker in Gilbert, according to the Gilbert Police Department, as reported by ABC15. No further details about the circumstances have been released, and no determination of fault has been announced.
When a child riding a bicycle is struck by a car in Arizona, the claim belongs to the child, and the deadline to file is different from an adult's. Arizona's two-year personal injury limit under A.R.S. § 12-542 generally does not begin to run against a minor until the minor turns eighteen, which means a child injured today may still have a claim years later. That does not make waiting a good idea; evidence disappears, and a parent who needs medical bills paid now cannot afford to sit on the file. A parent or guardian can bring the claim on the child's behalf in the meantime, and Arizona courts review settlements involving minors before the money is approved. If a government vehicle or public entity is involved, A.R.S. § 12-821.01 requires a written notice of claim within 180 days, and that deadline is handled differently for minors; ask a lawyer about it early.
What Arizona law requires of drivers around bicyclists
A bicyclist on an Arizona roadway has the rights and duties of a vehicle operator, and drivers have specific obligations. Under A.R.S. § 28-735, a driver overtaking a bicycle traveling in the same direction must leave at least three feet of space while passing. Under A.R.S. § 28-661, a driver involved in a crash that injures someone must stop at the scene, give identifying information, and render reasonable assistance.
A violation of one of these statutes does not automatically decide a civil case, but it is evidence a jury can weigh. The police investigation and any citation issued are a starting point, not the final word; insurers run their own fault analysis, and so should you.
Comparative fault does not end a child's claim
Insurers frequently argue that a bicyclist rode out from a driveway, crossed against a signal, or was not visible. Arizona uses pure comparative fault under A.R.S. § 12-2505, which means a plaintiff who is partly at fault still recovers, with the award reduced by that percentage. A rider found twenty percent responsible recovers eighty percent of the damages.
Arizona also expects less of children than of adults in judging care. A child is measured against what a reasonably careful child of similar age, intelligence, and experience would do, not against an adult standard. Do not accept an adjuster's conclusion that a young rider was simply at fault.
Practical steps for a parent in the first weeks
- Get the child fully evaluated, even if the injuries looked minor at the scene. Head injuries and growth plate fractures in children are easy to miss on a quick exam.
- Request the Gilbert Police Department report once it is available, and keep the report number.
- Photograph the bicycle, the helmet, the clothing, and the injuries before anything is repaired, cleaned, or thrown away. The damaged bike is physical evidence of impact direction and force.
- Write down the names of anyone who stopped at the scene while memories are fresh. Nearby homes and businesses may have camera footage, which is usually overwritten within days or weeks.
- Check your own auto policy for medical payments and uninsured or underinsured motorist coverage. A household policy can apply to a family member hurt while riding a bicycle.
- Do not give the other driver's insurer a recorded statement about your child, and do not sign a medical authorization, until you understand what you are agreeing to.
If your child was hurt on a bicycle here, our Gilbert bicycle accident attorneys can explain what the claim looks like before you talk to an adjuster.