12 News reported that a bicyclist died after being hit by a vehicle Tuesday morning in Peoria, and that police later identified the cyclist. No findings about fault have been reported, and nothing here should be read as a conclusion about who was responsible. This post is written for families who are suddenly in this position and need to know what Arizona law allows them to do.
When a bicyclist is killed by a motor vehicle in Arizona, two separate claims arise. A wrongful death action under A.R.S. § 12-611 to A.R.S. § 12-613 belongs to the surviving spouse, children, or parents, and compensates them for their own losses: lost financial support, lost companionship, and grief. A survival action under A.R.S. § 14-3110 belongs to the estate and covers what the cyclist lost before death, including medical expenses and conscious pain. Both are usually filed together by the personal representative of the estate, so opening a probate case is often the first practical step. The deadline for both is generally two years from the date of death under A.R.S. § 12-542, but if a city, county, or state entity may share responsibility, a written notice of claim must be served within 180 days under A.R.S. § 12-821.01. Missing that shorter deadline bars the claim against the public entity entirely, even when the two-year window is still open.
What Arizona Law Requires of Drivers Around Cyclists
A person riding a bicycle on an Arizona roadway has the rights and duties of a vehicle driver, with limited exceptions. The rule most often at issue in a car-versus-bicycle collision is A.R.S. § 28-735, which requires a driver overtaking a bicycle traveling in the same direction to leave at least three feet of space while passing. A violation of that statute is evidence a jury can weigh when deciding negligence; it does not automatically decide a case, and it is only one of several rules that can apply depending on where and how a collision happened.
Separately, A.R.S. § 28-661 requires a driver involved in a crash involving death or serious injury to stop at the scene and remain there. If a driver leaves, that does not end a family's claim. An uninsured motorist claim under the cyclist's own auto policy, or a household member's policy, frequently covers a hit-and-run even though the cyclist was not in a car at the time. Many people do not realize their auto coverage follows them onto a bicycle.
Comparative Fault Does Not Close the Door
Insurers often argue the cyclist contributed to the collision by riding outside a bike lane, riding at a dark hour, or not wearing a helmet. Arizona uses pure comparative fault under A.R.S. § 12-2505. A family's recovery is reduced by the percentage of fault assigned to the cyclist, but it is not eliminated, even if that percentage is large. A claim worth $500,000 with the cyclist found 30 percent at fault yields $350,000. Do not accept an early statement from an adjuster that the cyclist "was at fault, so there is nothing here." That is a negotiating position, not a legal conclusion.
Note also that Arizona has no statewide adult bicycle helmet requirement, and the absence of a helmet is not automatic proof of unreasonable conduct.
Practical Steps in the First Weeks
Request the police report as soon as it is released, and ask whether a collision reconstruction unit was involved; those files are larger than the basic report and often need a separate request. Photograph the roadway, the sightlines, and the condition of any bike lane or shoulder before construction or repaving changes it. Identify businesses and homes near the location that may have exterior cameras, because most systems overwrite footage within one to three weeks. Preserve the bicycle itself and any damaged helmet, lights, or clothing exactly as they are; do not repair or discard anything. Keep every medical bill and funeral invoice. Finally, give no recorded statement to the other driver's insurer before you understand what the claim involves, and route all contact through counsel once you have retained someone.
If your family is dealing with a cyclist's death in the West Valley, our Peoria bicycle accident attorneys can explain what the claim involves before you commit to anything.