Attorneys reviewing Arizona motorcycle accident cases
On this page
- Key Arizona rules
- Is lane filtering legal in Arizona?
- How does Arizona's helmet law affect an injury claim?
- What does pure comparative fault mean for an Arizona rider?
- Where do Arizona riders face the greatest risks?
- Who can be responsible besides the other driver?
- What should you do after an Arizona motorcycle crash?
- Common motorcycle accident cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Arizona rules for motorcycle accident claims
- Personal injury filing deadline
- 2 years
- Fault rule
- Pure comparative faultYou can recover damages even if you were mostly at fault, but your award is reduced by your percentage of fault. For example, if you were 30% at fault, you could recover 70% of your damages.
- Damages caps
- Applies to injury claimsThe Arizona Constitution prohibits laws that limit the amount of damages for injury or death.
- Claims against a government entity
- Shorter notice deadlineA notice of claim must generally be filed within 180 days with a public entity or employee.
Arizona is a riding state. Mild winters, open desert highways and mountain routes draw riders year-round, and that means more motorcycles sharing roads with drivers who may not be watching for them.
Is lane filtering legal in Arizona?
Only in limited situations. Arizona allows motorcyclists to filter between vehicles that are stopped in the same direction on certain lower-speed roads, at low speed and when it is safe. Lane splitting through moving traffic is not allowed.
The details matter in a crash case. If a rider was filtering between stopped cars at a red light and a driver suddenly opened a door or swung out of the lane, the rider's conduct may have been lawful. If the rider was moving between lanes of flowing traffic, the defense will argue the rider shares fault. Either way, the question becomes how much of the fault each person carries, not whether the rider can recover at all.
How does Arizona's helmet law affect an injury claim?
Arizona requires helmets for riders and passengers under 18. Adults may ride without one, so a lack of a helmet is not itself unlawful for most riders.
Insurers sometimes argue that a helmet would have reduced a head injury. How that argument is handled depends on the evidence and the type of injury, and it rarely affects injuries a helmet would not have prevented, such as fractured legs or spinal injuries. A helmet worn during a crash should be kept, because its damage can show the direction and force of impact.
What does pure comparative fault mean for an Arizona rider?
The rider's award is reduced by the rider's share of fault, but the rider is not barred from recovery, even with a large share.
Here is a worked example. A rider on Bell Road in the West Valley is hit by an SUV making a left turn across the rider's path. The rider's damages total $300,000. The defense argues the rider was speeding, and the jury assigns 25% of the fault to the rider. The rider recovers $225,000. If the jury instead put 55% on the rider, the rider would still recover $135,000. In a state with a 50% or 51% bar, that rider would recover nothing.
Where do Arizona riders face the greatest risks?
Busy urban arterials and popular scenic routes both produce serious crashes. Each brings its own hazards.
- Wide, fast streets in Phoenix, Mesa and Tucson, where left-turning drivers misjudge a motorcycle's speed.
- Scenic routes such as Oak Creek Canyon near Sedona, the Mount Lemmon Highway outside Tucson and historic Route 66 near Kingman, with tight curves, tourists and gravel.
- Desert highways where long distances, heat and fatigue affect both riders and drivers.
- Large rider events in the Phoenix area in spring, which bring heavy motorcycle traffic and crowded intersections.
Summer heat changes riding patterns. Many riders head out at dawn, when sun glare is low on the horizon and drivers heading east may have trouble seeing.
Who can be responsible besides the other driver?
Sometimes a defective part, a road hazard or a commercial vehicle plays a role.
- A driver who turned, merged or opened a door into the rider's path.
- An employer, if the driver was working.
- A manufacturer, if a tire, brake or other part failed, which may lead to a product liability claim.
- A public agency or contractor responsible for gravel, potholes or an unmarked hazard. Claims against a public entity require a written notice of claim within 180 days.
Because Arizona generally makes each defendant pay only its own share, every responsible party should be identified.
What should you do after an Arizona motorcycle crash?
Get medical care and preserve your gear and the bike. Anti-rider bias is real, so evidence about speed, visibility and lane position matters.
Photograph the scene, keep your helmet and clothing, write down what you remember, and gather witness information. Avoid recorded statements to the other driver's insurer.
Most Arizona rider claims must be filed within 2 years, and there is no cap on damages. Learn more on our motorcycle accident page, see how car crash claims compare on our Arizona car accident page, or visit our Arizona injury guide. We offer a free case review, and you pay no fee unless we win.
Attorneys reviewing Arizona motorcycle accident cases
Frequently Asked Questions
Can I recover in Arizona if I was filtering between stopped cars when I was hit?
Yes, potentially. Arizona allows limited lane filtering between stopped vehicles on certain lower-speed roads when done safely. If you were filtering lawfully and a driver moved into your path, that driver may bear most or all of the fault. If the defense shows you filtered unsafely, pure comparative fault reduces your recovery but does not eliminate it.
Does my Arizona motorcycle policy have to include uninsured motorist coverage?
Arizona insurers must offer uninsured and underinsured motorist coverage, but riders can decline it. Check your motorcycle policy and any car policies in your household, because coverage may apply in different ways. When an at-fault driver has low limits or no insurance, this coverage is often the most important source of compensation for a serious rider injury.
What if road debris or gravel caused my Arizona motorcycle crash?
Responsibility depends on where the debris came from. A truck that spilled its load, a contractor that left gravel in a lane or an agency that ignored a known hazard may share fault. Claims against a public entity require a notice of claim within 180 days. Photographs of the debris and the surrounding road are critical.
Can a motorcycle passenger in Arizona sue the rider they were riding with?
Yes. A passenger can pursue anyone whose carelessness contributed to the crash, including the rider and another driver. These claims are usually paid by insurance rather than the rider personally. Because Arizona generally assigns each defendant only its own share of fault, a passenger often needs to pursue both the rider and the other driver.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.