Skip to content Nearly every bicycle claim in Tempe turns into an argument about the rider rather than the driver: you should have been in the bike lane, you were riding too far left, you weren’t wearing a helmet, the driver never saw you. Most of those arguments are weaker than they sound, because the Arizona statute answers them directly. A bicycle accident lawyer in Tempe spends much of the case putting the focus back where it belongs.
Yes, and it is written into the statute. Under A.R.S. § 28-812, a person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties that apply to the driver of a vehicle.
That single provision reshapes the fault analysis. A driver who turns left across your path, who fails to yield pulling out of a driveway on Rural Road, or who opens a door into a bike lane has committed the same violation they would have if you had been in a car. The claim is evaluated under ordinary right-of-way rules, not under some lesser standard that treats a bicycle as an obstacle.
It cuts both ways, of course. Riders owe the same duties, which is why the evidence about lane position, signaling, and lighting gets scrutinized so closely after a crash.
Usually not, and this is the argument insurers raise most often in Tempe. A.R.S. § 28-815 requires a cyclist traveling slower than surrounding traffic to ride as close as practicable to the right-hand curb or edge of the roadway but the exceptions are broad and they matter.
A rider may lawfully leave the right edge or take the full travel lane when:
Passing another bicycle or a vehicle moving in the same direction
Preparing for a left turn at an intersection or into a driveway
Avoiding a hazard debris, a pothole, gravel, standing water, a parked car’s door zone
The lane is too narrow for a bicycle and a vehicle to travel safely side by side
That last exception carries real weight on Tempe’s older, narrower corridors. A rider who took the lane because it could not be safely shared was following the statute, not violating it.
The statute also runs the other direction. A designated bicycle lane is for the exclusive use of bicycles, so a vehicle stopped, parked, or driving in one is the party out of position, a recurring fact pattern along University Drive and Apache Boulevard, where delivery and rideshare vehicles routinely stage in the bike lane and force riders into traffic.
No closer than three feet. A.R.S. § 28-735 requires the driver of a motor vehicle overtaking a bicycle traveling in the same direction to exercise due care by leaving a safe distance of not less than three feet until safely past.
The statute attaches civil penalties that scale with the harm a higher penalty where the violation causes serious physical injury, and higher still where it causes death. In a civil claim, a three-foot violation is direct evidence of a breach of duty rather than a matter of opinion.
One limitation is worth knowing before an adjuster raises it: the penalty provision does not apply where a designated bicycle lane or path was present and passable. That carve-out limits the citation, not your underlying negligence claim, and drivers remain obligated to control their vehicles and avoid striking what is in front of them regardless.
Arizona has no statewide helmet requirement for adult riders, so riding without one does not violate any statute and cannot itself establish negligence.
Insurers raise it anyway. How much traction the argument gets depends on the injuries involved, and it is frequently overstated that a helmet has no bearing on a fractured pelvis or a shattered wrist. A Tempe bicycle accident lawyer treats helmet use as an evidentiary argument to be met, not a legal bar to recovery.
Often your own auto insurance, even though you were on a bicycle. This surprises most injured riders. Uninsured and underinsured motorist coverage under A.R.S. § 20-259.01 generally follows the person rather than the vehicle, so a cyclist struck by an uninsured driver or by a driver who left may have a claim under their own auto policy, and sometimes under a resident family member’s policy.
That makes UM coverage the primary recovery route in many hit-and-run bicycle cases and in crashes where the driver carries minimum limits that a serious injury exhausts immediately. See how uninsured motorist coverage works and our Tempe uninsured motorist page. Where no contact occurred a driver forces you into a curb and continues on Arizona requires corroboration that the unidentified vehicle caused the crash, which makes independent witnesses and camera footage decisive.
A claim may lie against a public entity, and the deadline is far shorter. Pavement failures, an abruptly terminating bike lane, an unmarked construction transition, or a defect in roadway design can all contribute to a bicycle wreck.
Tempe adds a hazard riders know well: light rail. Where tracks run in the roadway along Apache Boulevard and Mill Avenue, a tire crossing the rail flangeway at a shallow angle can drop in and stop the bike instantly, throwing the rider. Those cases may implicate Valley Metro, the City of Tempe, or a contractor.
That changes everything about timing. A claim against a public entity generally requires a formal notice of claim served within 180 days under A.R.S. § 12-821.01, on the official authorized to accept service, stating a specific settlement amount and the facts supporting it followed by a one-year filing deadline under A.R.S. § 12-821 rather than two. Arizona State University is governed by the Arizona Board of Regents, which handles service separately from the campus itself, a distinction that has ended otherwise viable claims.
Your award drops by your share of fault, but nothing bars recovery outright. Arizona applies pure comparative fault under A.R.S. § 12-2505, with no percentage cutoff a rider found 60% responsible may still recover 40% of proven damages.
Because insurers know this, every argument above is really an argument about percentages. If a carrier can attach 40% to lane position or lighting, it removes 40% from the payout without ever denying the claim. Our overview of Arizona comparative negligence covers how apportionment works across multiple parties.
Three agencies, each keeping separate records. Tempe city streets are generally handled by the Tempe Police Department. Crashes on state routes and freeways typically fall to the Arizona Department of Public Safety. Streets inside the ASU Tempe campus are frequently investigated by ASU Police, which maintains its own records and given how much campus riding happens on those streets, this catches injured students constantly. A request to the wrong agency returns nothing.
Read the report closely when it arrives. Officers who primarily investigate vehicle collisions sometimes record a cyclist’s position or direction inaccurately, and correcting that in week one is far easier than in month six.
Call police, get evaluated the same day, and photograph the bike before anything is repaired.
Insist on a report even if you feel able to ride away. Photograph your position relative to the bike lane, lane width, sightlines, and any vehicle in the bike lane. Preserving the bicycle itself in its damaged condition, frame deformation and wheel damage often establish impact direction and speed, and repairing or discarding it destroys that evidence. Preserve your helmet and clothing for the same reason.
Get a medical evaluation the same day. A treatment gap is the most reliable argument an insurer has for discounting a claim, and head injuries in particular may present later see our pages on traumatic brain injury and spinal cord injury claims. Collect witness contact details yourself, and note any nearby business, doorbell, or transit camera so footage can be requested before it cycles out.
Be careful with the driver’s insurer. You are generally not obligated to give a recorded statement see what not to say to an insurance adjuster.
Generally two years under A.R.S. § 12-542, running from the date of injury or, in a wrongful death action, the date of death. Claims for injured minors are generally tolled until age eighteen under A.R.S. § 12-502.
The public-entity track above is the significant exception, and a UM claim may carry contractual notice requirements shorter than either. More detail: the statute of limitations in Arizona.
Jason A. Harris practices in both personal injury and workers’ compensation, which matters when a rider is struck while commuting or making deliveries and the two claims run on separate tracks with different deadlines and lienholders. He has been recognized by The National Trial Lawyers as one of its Top 100 in Arizona. Clients speak with their attorney directly rather than only with a case manager, and the firm is reachable outside standard business hours.
Nothing upfront. Cases are handled on a contingency fee, meaning attorney fees are a percentage of any recovery obtained; if there is no recovery, you owe no attorney fee. Case costs records, filing fees, accident reconstruction are separate and set out in writing before you sign. Consultations are free. Full breakdown: what a personal injury lawyer costs in Arizona.
Bicycle claims are won on details that disappear quickly: lane width measurements, camera footage, an undamaged-looking bike that still holds the evidence of impact. If a public entity may be involved, the 180-day clock started the day it happened.
Harris Injury Law 1136 E Campbell Ave, Phoenix, AZ 85014 (480) 800-HURT
Serving Tempe and all of Arizona as a bike injury attorney. Request a free consultation, or read more about our Tempe personal injury and Tempe car accident practice. Every case is different and 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 does not create an attorney-client relationship. Arizona law and local ordinances change, and outcomes depend on the specific facts of a claim. Consult a licensed Arizona attorney about your situation.
Reviewed by Jason A. Harris, Harris Injury Law.
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“After my bike crash near Arizona State University, I was overwhelmed, broken bones, lost income, and dealing with the insurance company. Harris Injury Law stepped in, took charge of my claim, and I felt truly heard. They helped me recover physically and financially.”
- M.T., Tempe
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“I was struck by a motor vehicle while riding in a bike lane in Tempe. The injuries were serious, traumatic brain injury symptoms, road rash, and months of physical therapy. Harris’ team guided me through the legal process and achieved a fair settlement thanks to their hard work.”
- D.S., Tempe
These testimonials reflect our commitment to Tempe accident victims and our ability to help injured cyclists navigate the path to recovery.
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.
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