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THINGS TO KNOW IF YOU HAVE BEEN INJURED

IN a motorcycle accident in Arizona

What to Do If You've Been in a Motorcycle Accident in Arizona

Being involved in a motorcycle accident can be devastating due to the lack of protection for riders, but taking the right steps immediately afterward protects your health, legal rights, and ability to recover fair compensation. Arizona is a fault-based (at-fault) state, meaning the driver or party responsible for the crash (or their insurance) is liable for damages. Motorcycle accidents often result in far more severe injuries than car crashes (riders are 28 times more likely to die per mile traveled), and insurance companies frequently exploit anti-motorcyclist bias to undervalue or deny claims. Below is a practical, step-by-step overview based on Arizona law and best practices, with key notes on motorcycle specific issues.

1. Immediate Safety and Legal Obligations at the Scene

• Stop immediately and stay at the scene. Leaving without exchanging information or reporting (when required) is a hit-and-run, which can result in severe penalties, including jail time (Arizona Revised Statutes § 28-661 et seq.).
• Move yourself and your motorcycle out of traffic only if you are physically able and it is safe to do so; turn on hazard lights if possible.
• Check for injuries and call 911 immediately. Motorcycle crashes frequently involve road rash, broken bones, head trauma, or spinal injuries that may not be obvious at first.
• Exchange information with all other drivers involved:
• Full name, address, phone number, and driver's license number.
• Vehicle make/model/year, license plate, and VIN.
• Insurance company name, policy number, and contact info.
• If the vehicle is owned by someone else (e.g., rental or company car), get the owner's info.
• Get contact details from any witnesses (critical, as many car drivers claim they "didn't see" the motorcycle).
• Take photos/videos of damage, skid marks, road conditions, traffic signs, your gear (helmet, jacket), and all injuries, including road rash before cleaning.
• Do not admit fault or discuss blame. Even casual statements can be twisted to suggest you were lane-splitting, speeding, or riding recklessly.

2. Report the Accident

• Call police to the scene if there are injuries, significant damage, or disputes. An official police report is essential to counter bias that often blames the motorcyclist.
• Arizona law requires a written report (usually by police) for accidents involving injury, death, or property damage over $2,000 (ARS § 28-667).
• If no police respond and the crash meets reporting thresholds, you must file an Arizona Traffic Accident Report form with the Arizona Department of Transportation (ADOT) within 10 days.

3. Seek Medical Attention. Do NOT Delay

Even if you feel "fine" due to adrenaline, many serious injuries have delayed symptoms that appear hours, days, or weeks later:

• Road rash that can lead to severe infection.
• Whiplash/soft tissue injuries.
• Concussions or traumatic brain injuries (even with a helmet).
• Internal bleeding, organ damage, or fractures.
• Spinal cord injuries and paralysis.
• Emotional/psychological issues (anxiety, PTSD).

Why prompt treatment is critical:

• Untreated injuries can worsen and become chronic or permanent.
• Insurance companies aggressively argue that any treatment delay means your injuries were not caused by the accident or are exaggerated.
• Immediate medical records prove the link between the crash and your injuries and document the full extent of harm.

Go to the ER or a trauma center immediately, even for seemingly minor crashes. Follow all treatment plans and keep detailed records.

4. Contact an Arizona Motorcycle Accident Attorney BEFORE Speaking in Detail to Insurance Companies

• Attorney first is strongly recommended, especially for motorcycle cases. Insurance adjusters often assume riders are at least partly at fault and offer low settlements quickly.
• An experienced Arizona motorcycle accident lawyer understands rider-specific issues (lane filtering laws, helmet use defenses, and anti-biker bias) and works on contingency (no fee unless you win).
• An attorney will:
• Advise what to say (or not say) to avoid hurting your claim.
• Handle all communication and negotiations.
• Gather critical evidence (accident reconstruction, witness statements, helmet/camera footage).
• Fight lowball offers based on stereotypes about motorcyclists.
• You must notify your own insurance company promptly, but limit discussion to basic facts. Never give a recorded statement to the other driver's insurer without legal guidance.

5. Key Arizona Laws That Apply to Injured Motorcyclists

Law - Details - Why It Matters for Riders

Pure Comparative Negligence (ARS § 12-2505)

You can recover even if partly at fault, but your award is reduced by your percentage of blame.

Insurers often try to assign high fault to riders (e.g., "you were hard to see"); an attorney fights to minimize this.

Statute of Limitations (ARS § 12-542)

In most circumstances you have two years from the accident date to file a personal injury lawsuit (3 years for property damage only).

Miss the deadline and you lose your right to sue forever.

Note: The timeframe for your case may be much shorter, possibly as short as six months.

Helmet Law (ARS § 28-964)

No universal helmet law for adults 18+; only required for those under 18.

Not wearing a helmet cannot be used to deny your claim, but insurers may argue it increased your injuries to reduce payout.

Lane Filtering (ARS § 28-903, effective 2022)

Motorcycles may cautiously pass stopped or slow traffic between lanes on roads with speed limit ≤ 45 mph.

Legal when done correctly, but often mislabeled as "lane splitting" to blame the rider.

Minimum Insurance Requirements

$25,000 bodily injury per person/$50,000 per accident/$15,000 property damage (updated 2020).

Many drivers carry only minimum coverage, which is often insufficient for serious motorcycle injuries. Strong UM/UIM coverage is essential.

Additional Tips

• Document everything: Keep a file with medical bills, repair estimates, lost wages, photos of injuries and gear, and a daily pain/symptom journal.
• Preserve all riding gear (helmet, jacket, gloves) as evidence.
• Do not post about the accident or your riding on social media. Insurers scour profiles for anything to use against you.
• Be extremely cautious of early settlement offers. They are almost always far below what a serious motorcycle injury case is worth once all medical needs are known.

If you've been injured in a motorcycle accident in Arizona, the most important next step is protecting your health and your legal rights. Consult an experienced Arizona motorcycle accident attorney as soon as possible. Riders represented by skilled attorneys recover significantly more than those who go it alone.

This overview is for general information and is not legal advice; speak with a licensed attorney for your specific situation.