12 News reported that a wrong-way driver was arrested after allegedly striking a Scottsdale bike patrol officer during an attempted traffic stop, according to police. No one has been convicted of anything, and the account available is what police have said publicly. The information below is general Arizona law for people on bicycles who are hit by motor vehicles; it is not a statement about what happened or about who is responsible.
A bicyclist struck by a motor vehicle in Arizona has a civil injury claim that is separate from any criminal case the state brings against the driver. An arrest is not a conviction, and a criminal charge does not pay medical bills; the civil claim is how a rider recovers treatment costs, lost income, and compensation for pain. Under A.R.S. § 12-542, most injury lawsuits in Arizona must be filed within two years of the date of injury. If a government entity or a government employee is a party, A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues, and that deadline is unforgiving. Arizona also applies pure comparative fault under A.R.S. § 12-2505, so a rider who is assigned part of the blame still recovers, reduced by that percentage. Talk to a lawyer before giving a recorded statement to any insurer.
The Arizona Rules That Usually Decide a Bicycle Case
Bicyclists on Arizona roadways have the rights and duties of other drivers, and a handful of statutes come up in almost every claim.
- A.R.S. § 28-735 requires a driver overtaking a bicycle to leave at least three feet of space. A violation is strong evidence of negligence in a civil case.
- A.R.S. § 28-661 requires a driver involved in a crash causing injury or death to stop, remain at the scene, and give information. Leaving changes both the criminal exposure and the civil picture.
- A.R.S. § 12-2505 is Arizona's pure comparative fault rule. Insurers lean on it hard against cyclists, arguing dark clothing, lane position, or lighting. Partial fault reduces a recovery; it does not end it.
- A.R.S. § 12-542 sets the two-year filing deadline for most injury suits. If a death results, wrongful death claims arise under A.R.S. § 12-611 to A.R.S. § 12-613, and the injured person's own claims may survive under A.R.S. § 14-3110.
When a Government Employer Is in the Picture
A worker hurt on the job, including a public employee, generally has two separate paths. Workers' compensation covers medical treatment and a portion of lost wages regardless of fault, and it is handled through the employer's carrier. A claim against an at-fault third party, such as a private driver, is a different case with different damages, including pain and suffering, which workers' compensation does not pay. Those two tracks interact: the compensation carrier typically asserts a lien against any third-party recovery, and that lien has to be negotiated rather than ignored.
Separately, if any claim is directed at a public entity or a public employee, A.R.S. § 12-821.01 requires a written notice of claim, with a specific sum demanded and the facts supporting it, served within 180 days of accrual. Missing that window usually bars the claim outright, even though the general two-year deadline under A.R.S. § 12-542 has not run.
What to Do in the First Days After Being Hit on a Bicycle
Get evaluated even if you walked away. Head injuries, shoulder and wrist fractures, and internal injuries often present late, and a gap in treatment is the first thing an adjuster uses to argue you were not badly hurt.
- Request the crash report and the report number from the investigating agency, and keep the case number for any criminal charge.
- Photograph the bicycle, your helmet, your clothing, and your injuries before anything is cleaned, repaired, or thrown out. The damaged bike is evidence; store it, do not junk it.
- Write down what you remember within a day or two, including weather, lighting, and your lane position.
- Identify witnesses and nearby businesses with cameras. Private surveillance footage is often overwritten within days or weeks.
- Check your own auto policy for uninsured and underinsured motorist coverage and medical payments coverage. In Arizona, those coverages typically apply when you are hit while riding a bicycle, not only when you are in your car.
- Decline to give a recorded statement to the other driver's insurer until you have advice. You are not required to provide one.
If you or a family member was hurt while riding, our Scottsdale bicycle accident attorneys can explain which deadlines apply to your situation before any of them run.