When you get injured and involved in a bicycle accident case in Arizona, you are entitled to just compensation for your accident-related losses. What constitutes “just” compensation depends on the facts involved. If someone else (i.e., a negligent driver) was fully responsible for the accident, you may be entitled to full compensation for your losses. But, if you were partially at fault in a bicycle accident, this could limit the amount you are entitled to recover.
This is known as the rule of “comparative fault”—and it plays an important role in many bicycle accident cases.
Even though most bicycle accident victims are not responsible for their own injuries, this does not stop the insurance companies from blaming them in many cases. When handling bicycle accident claims, the insurance companies’ goal is to pay as little as possible. If they can minimize their liability by blaming victims for their own injuries, they will.
As a result, if you have a bicycle accident claim in Arizona, it is extremely important to make sure you have a clear understanding of the law. You should not let the insurance companies reduce your compensation unfairly. While Arizona’s comparative fault law will apply in some cases, under no circumstances should you let the insurance companies decide if it applies to yours. Instead, you should seek advice from an experienced Phoenix bicycle accident lawyer who has your best interests in mind.
Different states have different laws on comparative fault. Fortunately, Arizona has one of the most favorable comparative fault laws in the country for bicycle accident victims and their families. Under Section 12-2505 of the Arizona Revised Statutes:
“The defense of contributory negligence . . . is in all cases a question of fact and shall at all times be left to the jury. If the jury applies [the] defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any.”
If you find this confusing, you are not alone. But, while the language of Arizona’s comparative fault law may be difficult to understand, the principles behind the law are actually fairly straightforward. Here’s what you need to know:
Determining fault and assigning percentages under Arizona’s pure comparative fault law requires a comprehensive investigation. In order to accuse you of being partially responsible for your own injuries, an insurance company must have evidence that proves either: (i) you could have avoided the accident; or, (ii) you could have done something differently to mitigate your injuries.
With all of this in mind, under no circumstances should you ever assume that you were partially at fault in a bicycle accident. Never admit fault to the insurance companies, and do not make any decisions about your bicycle accident claim until you consult with a lawyer for your bicycle accident case.
The fact of the matter is that you won’t know exactly why your accident happened until you hire a lawyer to investigate. Even if you think you may have done something wrong, the evidence could still show that the accident was completely beyond your control. While it is important to be honest with yourself and have realistic expectations, it is also important not to make any assumptions that prevent you from asserting your legal rights.
But, let’s say your lawyer’s investigation reveals that you were partially at fault in a bicycle accident. What does this mean for your claim? As noted above, in Arizona, it means you will be limited in how much you can recover. It does not bar you from filing a claim entirely.
When can the insurance companies accuse bicycle riders of being partially at fault in a bicycle accident for their own injuries? Here are 15 scenarios in which Arizona’ pure comparative partially at fault in a bicycle accident rule might apply. Remember, these will not constitute partial fault in all cases; and, even when they do constitute partial fault, they do not prevent bicycle riders and their families from recovering just compensation:
Using hand signals to let drivers know that you are preparing to stop or turn can help keep you safe on the road. But, in some cases, taking a hand off of the handlebars isn’t safe or practical.
Arizona law requires cyclists to use white headlights and red rear reflectors when riding at night. But, while increasing your visibility can reduce your risk of being hit by a negligent driver, it won’t protect you in all scenarios.
Following cars or other cyclists too closely can prevent you from stopping in time to avoid a collision. But, if someone else slams on their brakes, or if following closely is safer than being tailgated by someone behind you, you shouldn’t be deemed partially at fault in a bicycle accident.
Similar to drivers, cyclists have a responsibility to adhere to the rules of the road, which includes stopping at red lights and stop signs. However, even if you entered an intersection without the right of way, it does not automatically make you partially at fault in a bicycle accident or to blame for your own injuries.
The same principle applies when it comes to turning or changing lanes without checking. Although this action can pose a danger in certain situations, many times cyclists are forced to make evasive maneuvers to prevent being struck by others. In such cases, they are not necessarily partially at fault in a bicycle accident.
What if you were biking under the influence (BUI)? While BUI can also be dangerous, the fact that your faculties may have been impaired does not necessarily mean that you could have avoided the consequences of someone else’s dangerous mistake.
Being distracted by looking at your phone or head unit while riding a bike can potentially make you partially at fault in a bicycle accident. This distraction can hinder your awareness of your surroundings and place you in a precarious situation. However, similar to biking under the influence, the mere fact of being distracted does not necessarily mean that you could have completely avoided the accident.
The considerations that apply to biking under the influence and biking while distracted also apply to biking while fatigued. Whether you are nearing the end of a long ride or you are commuting home after a long day at work, fatigue can impair your judgment and physical abilities. But, even if you are struggling on your bike, you could still be involved in an accident due to factors that are entirely beyond your control.
Generally, cyclists should use bike lanes and bike paths when they are available. But, riding in a bike lane or bike path isn’t always the safest option. In many cases, it will still be safer to ride in the road.
Under Arizona law (Section 28-815 of the Arizona Revised Statutes), cyclists are supposed to ride “as close as practicable to the right-hand curb or edge of the roadway” in most circumstances. But, there are still many circumstances when it is appropriate—and necessary—to ride further to the left in your lane.
Riding too fast for the traffic or road conditions can increase your risk of injury. Likewise, riding at pace on a crowded path or trail can endanger you and those around you. But, just because you were going fast, this doesn’t necessarily mean that you were being negligent—or that the accident wouldn’t have happened anyway.
What if you got injured while doing tricks at a skatepark or BMX park? In this scenario, Arizona’s “recreational use” law might apply. But, it also might not. If the park was overcrowded or the obstacles were unsafe, you could have a claim for financial compensation.
Engaging in reckless riding or horseplay with friends or other riders can increase the likelihood of being partially at fault in a bicycle accident. However, it is important to note that motorists still bear a legal responsibility to prevent accidents. Additionally, accidents can also occur due to bicycle defects, road defects, and various other factors.
What if you were partially at fault in a bicycle accident due to inadequate maintenance of your bicycle? For instance, imagine if your brake pads were worn down, and you couldn’t stop in time to avoid a collision. In this scenario, it is difficult to definitively claim that proper maintenance would have completely prevented your injury, as there are multiple factors at play.
What if you were partially at fault in a bicycle accident because you were not wearing a helmet? According to Arizona law, helmet use is not mandatory, although certain local jurisdictions may require riders under the age of 18 to wear helmets. While helmets can potentially reduce the severity of injuries in some bicycle accidents, the absence of a helmet does not prevent you from filing a claim if you were partially at fault in a bicycle accident.
While Arizona’s bicycle and traffic laws aim to ensure the safety of adult riders, they place an even greater emphasis on protecting children. These laws recognize that children may be less aware of potential dangers and more susceptible to accidents. For instance, Arizona’s “attractive nuisance” law allows parents to file claims when their children are injured while exploring appealing objects like hills or ramps on someone else’s property.
In such cases, the property owner may be held partially at fault in a bicycle accident, providing a means for compensation for the injured child and their family. It is essential to understand the legal provisions and seek appropriate guidance when navigating claims involving children injured in bicycle accidents.
Of course, just like adults, children make mistakes. They ride past stop signs, they swerve into the road, and they ride out of their driveway without checking for oncoming cars. If your child was partially at fault in a bicycle accident, resulting in their injury, what are your family’s legal rights? We are bicycle accident case experts.
It is crucial not to make assumptions in this situation as well. Even if your child made an uninformed or ill-advised decision and was partially at fault in a bicycle accident, your family still likely has a claim. Firstly, children are not held to the same standards as adults in most cases. Secondly, as mentioned earlier, being partially at fault in a bicycle accident does not prevent victims (or their families) from filing claims under Arizona law.
If you or your child has been injured in a bicycle accident in Arizona, it is crucial to seek legal advice before making any decisions, especially if there is a possibility of being partially at fault in a bicycle accident. Our lawyers can help you make the right decisions; and, if you have a claim, we can fight for the financial compensation you deserve. To learn more in a free, no-obligation consultation, call 480-634-7480 or tell us how we can reach you online today.