Motorcycle accident Phoenix: a rider’s map for the days after.

Arizona rider rules after a Phoenix motorcycle accident

After a motorcycle accident in Phoenix, questions come up about the rider as well as the driver: what you wore, how you rode and where you were in the lane. Arizona keeps the rider rules short, and it helps to know exactly what they say.

A helmet is required for any operator or passenger under 18. The statute does not require one for adults. Every operator must wear protective glasses, goggles or a transparent face shield, unless the motorcycle has a protective windshield. The bike needs a rear-view mirror, a seat and footrests, and a passenger needs a seat and footrests too. A.R.S. § 28-964

A motorcycle is entitled to the full use of a lane, and a driver must not take that lane away from a rider. Two motorcycles may ride abreast in one lane, but no more than two. A.R.S. § 28-903

Lane filtering in Phoenix: the four conditions

Arizona allows lane filtering in one narrow case. All four conditions must be true:

• You ride a two-wheeled motorcycle, and the vehicles you pass are stopped and facing your direction.
• The street has at least two adjacent lanes in your direction.
• The speed limit is 45 mph or less, and you move at 15 mph or less.
• You can do it safely.

Riding between lanes of moving traffic, which riders call lane splitting, is not allowed. If you were filtering when the crash happened, write down the posted limit, the number of lanes and whether traffic was stopped, while you still remember. A.R.S. § 28-903

Fault, helmets and what a Phoenix motorcycle accident lawyer looks at

Arizona follows a pure comparative negligence rule. A share of fault does not bar your claim. Your full damages go down in proportion to your share, and there is no 50 percent cutoff. The reduction rule is not available to a claimant who intentionally, wilfully or wantonly caused or contributed to the injury. A.R.S. § 12-2505

ExampleIf a rider is found 20 percent at fault and the other driver 80 percent, the rider’s damages are reduced by 20 percent. The claim itself stays.

For an adult, riding without a helmet does not break § 28-964, because the helmet rule covers riders and passengers under 18. Whether the other side argues that a missing helmet added to your injuries is a fault question to put to your lawyer. Under the comparative rule, any share of fault lowers an award; it does not end the claim. For a rider or passenger under 18, the helmet rule applies.

Deadlines for a motorcycle accident claim in Arizona

Two years is the main limit. An injury lawsuit must be filed within 2 years after the cause of action accrues; a death claim accrues at the death. Damage to property, which covers the motorcycle and your gear, also has a 2-year limit. A.R.S. § 12-542

A public body has a much shorter clock. If a city vehicle, the county, the state, ADOT or a transit agency is part of the crash, a written notice of claim is due within 180 days. It must state the facts and a specific amount for which the claim can settle, and a late notice is barred. If no written denial comes sooner, the claim is treated as denied 60 days after it was filed. The lawsuit against a public body must be filed within 1 year. A.R.S. §§ 12-821, 12-821.01

Your bike, your gear and the other driver’s insurance

Arizona is an at-fault state with no PIP no-fault system, so an injury claim usually goes against the at-fault driver’s liability policy. For policies issued or renewed from July 1, 2020, the minimum is $25,000 per person and $50,000 per crash for injury or death, and $15,000 for property damage. A.R.S. § 28-4009

Damage to the motorcycle and to your helmet, jacket, gloves and boots is a property claim. A minimum policy carries $15,000 of property cover for the whole crash, so read your own policy too. Photograph the bike and the gear before any repair, keep damaged gear as it is, and keep receipts for towing, storage and replacement.

How to choose a Phoenix motorcycle accident lawyer

An ad says little. These checks say more, and none of them takes long.

• Look the lawyer up. The State Bar of Arizona member directory shows a lawyer’s status and discipline record.
• Ask about rider cases. Ask how many motorcycle claims the lawyer has handled, and who works on your file each week.
• Ask about the 180-day notice. If a public vehicle or agency may be involved, leave the first meeting with that date written down.
• Bring the report number. For a Phoenix Police report it is the DR number. For DPS, it is the incident number.
• Get the fee terms in writing. Read how the fee and the case costs come out of any recovery before you sign.