12 News reported that a motorcyclist is fighting for life after a serious crash near 32nd Street and Paradise Lane around 6:45 p.m. According to the outlet, police are investigating. No findings of fault have been reported, and no one has been charged with or convicted of anything in connection with the collision.
When a motorcyclist is critically injured in an Arizona collision and cannot speak for themselves, the legal claim does not wait. Arizona gives an injured person two years from the date of injury to file a personal injury lawsuit under A.R.S. § 12-542, and that clock runs while the rider is in the ICU. A family member can act in the meantime; a spouse, parent, or adult child can petition the probate court to be appointed guardian or conservator, which gives legal authority to hire counsel, sign releases for medical records, and preserve evidence. If a government vehicle or a public entity's roadway is involved, a written notice of claim must be served within 180 days under A.R.S. § 12-821.01, which is far shorter than most people expect. Arizona also applies pure comparative fault under A.R.S. § 12-2505, so a rider found partly at fault still recovers, reduced by that percentage. Nothing is decided by an early police statement.
The Deadlines That Run While a Rider Is Still Hospitalized
Two years is the general limit for an injury lawsuit in Arizona under A.R.S. § 12-542. It is not extended simply because the injured person is sedated, intubated, or unable to make decisions. If the rider does not survive, Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, control who may bring the claim, and a separate survival action under A.R.S. § 14-3110 can carry forward the losses the rider suffered before death. Those are different claims with different beneficiaries, and they are often filed together.
The 180-day notice under A.R.S. § 12-821.01 is the deadline people miss. It applies to claims against cities, counties, the state, and their employees. A family focused on a hospital bedside can reach day 181 without ever knowing the rule existed. If there is any chance a public entity or public employee is involved, treat 180 days as the operative date, not two years.
Comparative Fault and What Insurers Do With Motorcycles
Under A.R.S. § 12-2505, Arizona uses pure comparative fault. A rider assigned 30 percent of the fault recovers 70 percent of proven damages. There is no bar at 50 percent. That matters because insurers routinely open a serious motorcycle file by assigning fault to the rider: speed, lane position, visibility, gear. Those arguments reduce a number; they do not eliminate a claim.
On helmets, Arizona requires a helmet only for riders under 18. An adult rider who was not wearing one has not broken the law, and the absence of a helmet is not an admission of fault for the collision itself. Expect the argument anyway, and expect it to be aimed at the damages figure rather than at who caused the crash.
Practical Steps in the First Days
Evidence at an intersection disappears fast. Signal timing data gets overwritten, nearby business and residential cameras purge on short cycles, and skid and gouge marks wash or wear away. Written requests to preserve that material should go out in days, not months.
- Do not give a recorded statement to any insurer before you understand the claim, and do not let anyone else give one on the injured rider's behalf.
- Request the investigating agency's report number and follow up; a serious-injury investigation takes weeks to complete.
- Photograph the motorcycle before it is repaired, released, or scrapped, and stop any salvage disposal in writing.
- Keep every medical bill, explanation of benefits, and lien notice in one place; hospital and health plan liens on a recovery are common in catastrophic cases.
- Locate the rider's own auto policy and check for underinsured and uninsured motorist coverage, which frequently matters more than the at-fault policy when injuries are severe.
- If the rider cannot make decisions, ask about guardianship or conservatorship early; without it, no one has authority to sign on the claim.
If your family is dealing with a critical injury from a collision in this part of the Valley, our Phoenix motorcycle accident attorneys can explain what deadlines apply and what evidence needs to be preserved now.