Peoria produces a kind of bicycle claim the inner Valley does not. Long arterials with 45 mph limits, narrow or absent shoulders north of Happy Valley, and the recreational corridors toward Lake Pleasant put riders alongside traffic moving far faster than they are. The insurer’s opening argument is then almost always the same: you were where you should not have been, or you were holding up traffic. A Peoria bicycle accident lawyer starts by answering both with statute.
Yes, and the statute covers the shoulder as well as the lane. A.R.S. § 28-812 grants a person riding a bicycle on a roadway or on a shoulder adjoining a roadway all of the rights and all of the duties that apply to the driver of a vehicle.
That matters on Lake Pleasant Parkway and the northern stretches of 83rd and 99th Avenue, where a rideable shoulder appears and disappears. A cyclist on the shoulder is a road user with the same right of way as the car passing them, not a trespasser tolerated at the edge.
The corollary is equally useful: nothing requires you to use the shoulder. A.R.S. § 28-815 requires riding as close as practicable to the right only when traveling at less than the normal speed of traffic, and even then lists four exceptions passing, preparing for a left turn, avoiding hazards including surface conditions and parked vehicles, and a lane too narrow to share safely. On a broken shoulder, moving into the lane is the statute working as intended.
They can argue it, but the statute they usually mean does not apply to you. This is the most common accusation in a Peoria road-cycling claim, and it rests on a misreading.
A.R.S. § 28-704(A) prohibits driving a motor vehicle at a speed so slow as to impede or block the normal and reasonable movement of traffic. A bicycle is not a motor vehicle under Arizona’s definitions, so that prohibition is not written to reach a cyclist.
Subsection C is narrower still. It requires a person driving a vehicle at less than the normal flow of traffic to turn off at a designated turnout but only on a two-lane highway where passing is unsafe, and only where five or more vehicles have queued behind. Whether it reaches bicycles at all is unsettled, and most Peoria arterials are multi-lane roads where passing is safe, which puts them outside the provision regardless.
So when an adjuster asserts you were unlawfully impeding traffic, the response is a question: under which statute, and does it apply to a bicycle?
Yes, on a roadway. A.R.S. § 28-815(B) permits persons riding bicycles on a roadway to ride no more than two abreast; the restriction is on riding three or more side by side, not on riding in pairs. Only on paths set aside for the exclusive use of bicycles does the limitation tighten.
That matters for the group rides using Lake Pleasant Parkway and the north Peoria loops on weekend mornings. A pair riding side by side in a travel lane is complying with the statute, and a driver treating that as provocation has misunderstood the rule.
No closer than three feet. A.R.S. § 28-735 requires a driver overtaking a bicycle traveling in the same direction to leave a safe distance of not less than three feet until safely past, with civil penalties that increase where the violation causes serious physical injury and increase again where it causes death.
There is a limitation worth knowing before an adjuster raises it: the penalty provision does not apply where a designated bicycle lane or path was present and passable. On Peoria’s outer arterials and recreational corridors no such lane exists so on exactly the roads where a three-foot violation is most dangerous, the carve-out does not help the driver. That violation is direct evidence of a breach rather than opinion, which makes lane-width measurements worth documenting immediately.
Lights yes, helmet no. Arizona has no statewide helmet requirement at any age. Some municipalities impose local rules for riders under 18, but riding without one violates no state law and cannot reduce the driver’s share of fault.
A.R.S. § 28-817 is stricter than most riders assume. A bicycle used at night must carry a white front lamp visible at least 500 feet and a department-approved red rear reflector visible from 50 to 300 feet. A red rear lamp is permitted in addition to the reflector, not as a substitute so a blinking taillight with no reflector may not satisfy the statute. The same section requires a brake capable of skidding the braked wheels.
Two smaller points recur in fault disputes. A cyclist may signal a right turn with the right arm extended, which differs from the driver convention and is sometimes mischaracterized as a failure to signal. And under A.R.S. § 28-811 a parent or guardian may not authorize or knowingly permit a child to violate the bicycle article.
Often your own auto policy, even though you were on a bicycle. Uninsured and underinsured motorist coverage generally follows the person rather than the vehicle, so a rider struck by an uninsured or fleeing driver may have a claim under their own policy, and sometimes a resident family member’s. Insurers must offer it under A.R.S. § 20-259.01, though buying it is optional, so your declarations page is the first document to pull.
Coverage is often the real ceiling anyway. A.R.S. § 28-4009 sets Arizona’s minimums at $25,000 per person and $50,000 per accident, which one orthopedic surgery can exhaust.
Peoria Municipal Court hears no civil injury suits. Claims above $10,000 go to Maricopa County Superior Court, smaller matters to a Maricopa County justice court civil suit to $10,000, small claims to $3,500.
Arizona applies pure comparative negligence under A.R.S. § 12-2505, so an award is reduced by your assigned share of the fault with no cutoff which is why every argument above is really an argument about percentage points. The filing deadline is generally two years under A.R.S. § 12-542, with minors’ claims tolled until eighteen under A.R.S. § 12-502. Where a public entity may share responsibility a roadway defect, a signal failure, a shoulder drop-off notice is generally due within 180 days under A.R.S. § 12-821.01, then one year to file.
We proudly support and represent cyclists throughout the Peoria area, including locations near:
Rio Vista Park
Pioneer Community Park
New River Trail
Peoria Sports Complex
Deer Valley
Old Town Peoria
We also collaborate with or recommend complementary Peoria-area partners when appropriate, including:
Medical providers offering injury rehabilitation
Bicycle repair shops
Local safety organizations promoting cyclist safety
Community riding groups and clubs
Jason A. Harris has practiced personal injury and workers’ compensation law in Arizona since 2006, representing thousands of injury clients. Clients speak with him directly rather than a case manager.
Cases run on a contingency fee, no retainer, no hourly billing, no attorney fee unless compensation is recovered. Case costs, including reconstruction, are advanced and reimbursed from any recovery, with terms in writing before you sign. Consultations are free.
Because a rider takes the impact directly, these files run toward the long tail of a brain injury and lifetime care costs after a spinal injury. Where a rider does not survive, only the beneficiaries listed in A.R.S. § 12-612 may bring a wrongful death action. A bicycle accident attorney in Peoria also handles the car accident and pedestrian claims arising from the same corridors, alongside our Peoria personal injury practice.
No. A.R.S. § 28-812 grants cyclists full rights on a roadway or an adjoining shoulder, and A.R.S. § 28-815 requires riding as close as practicable to the right only when traveling slower than the normal speed of traffic with exceptions for passing, left turns, avoiding hazards, and lanes too narrow to share safely. Using a shoulder or bike lane is not mandatory.
They can say it, but A.R.S. § 28-704(A) prohibits impeding traffic in a motor vehicle, and a bicycle is not a motor vehicle under Arizona’s definitions. Subsection C’s turnout requirement applies only on a two-lane highway where passing is unsafe with five or more vehicles queued behind, and whether it reaches bicycles at all is unsettled.
A department-approved red rear reflector visible from 50 to 300 feet is what A.R.S. § 28-817 requires, along with a white front lamp visible at least 500 feet. A red rear lamp is permitted in addition to the reflector rather than instead of it, so a blinking taillight alone may not comply.
Arizona has no statewide helmet requirement at any age, so riding without one violates no state law and cannot make the driver less at fault. An insurer may still raise it as a damages argument, but it has no bearing on losses a helmet would not have prevented.
Lane width measurements, camera footage, and the bicycle itself before repair are what settle these claims and frame and wheel damage establish impact direction and speed long after memories blur.
Harris Injury Law, PLLC 1136 E Campbell Ave, Phoenix, AZ 85014 (480) 800-4878
A bicycle accident lawyer, Peoria riders reach directly, serving the West Valley and Maricopa County. Request a free consultation or meet our attorneys. Every case depends on its own facts; no outcome can be promised or predicted.
This page provides general information about Arizona law and is not legal advice. Reading it creates no attorney-client relationship. Arizona law and local ordinances change. Consult a licensed Arizona attorney about your situation.
Reviewed by Jason A. Harris, Harris Injury Law, PLLC.
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"After my bicycle accident on Deer Valley Road, I didn’t know where to start. Harris Injury Law explained the legal process clearly and helped me get medical care right away. I always spoke directly with Jason, and he made sure the insurance company didn’t take advantage of me. I’m so grateful for the outcome."
- R.S., Peoria, AZ
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"My husband was injured in a bicycle crash near Rio Vista Park. We were worried about medical bills and lost wages. Jason Harris helped us understand our rights and the steps we needed to take. We truly felt supported throughout the entire process."
-M.L., Peoria, AZ
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"Jason Harris and the team were professional, communicative, and supportive throughout our bicycle accident claim. The team was easy to reach, answered all our questions, and guided us when my son suffered head injuries in a bike accident. They provided peace of mind during a stressful time."
- T.J., Peoria, AZ
Located at 1136 E Campbell Ave, Phoenix, AZ 85014. Harris Injury Law, PLLC specializes in auto and truck accidents and workers’ compensation. Speak directly with your lawyer from the beginning. Same-day and emergency consultations are available. You never pay out of pocket. Call us at any time – 24/7.
