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Motorcycle Accident Lawyer in Arizona: Your Rights After a Crash
Motorcycle crashes can change your life in an instant. One moment you are riding down the freeway, and the next you are dealing with broken bones, hospital bills, and an insurance company that does not seem to care about what you are going through. If you or someone you love was hurt in a motorcycle crash in Arizona, you need to understand your rights before you talk to any insurance adjuster.
At Wood Injury Law, Josh Wood is a former insurance defense attorney who spent years on the other side of these cases. He knows exactly how insurance companies think, what tactics they use to reduce payouts, and how to fight back. This post walks you through what Arizona law says about motorcycle accidents, your rights as a rider, and what steps to take after a crash.
Ready to talk to someone right now? Schedule your free consultation with Wood Injury Law today.
Why Motorcycle Accidents Are Different From Car Accidents
Motorcycles offer almost no protection in a collision. No airbags. No steel frame surrounding you. No seat belt keeping you in place. When a car hits a motorcycle, the rider absorbs the impact directly. That is why motorcycle accidents so often result in serious injuries like broken limbs, road rash, spinal injuries, and traumatic brain injuries.
Beyond the physical reality, motorcycle riders also face a bias problem. Insurance adjusters and sometimes even juries assume that motorcyclists were riding recklessly or speeding. That assumption can affect how much compensation you receive, which is exactly why having an experienced motorcycle accident lawyer in Arizona in your corner matters so much.
Arizona Motorcycle Helmet Laws: What You Need to Know
A lot of riders and injury victims do not fully understand Arizona’s helmet law, so let us be straightforward about it.
Helmets Are Only Required for Riders Under 18
Under A.R.S. 28-964, Arizona only requires riders and passengers who are under 18 years old to wear helmets. If you are 18 or older, you are not legally required to wear one. Helmets must be DOT-approved and securely fastened when they are required.
Eye Protection Is Required for Everyone
Here is something many riders do not realize. Eye protection is mandatory for ALL riders in Arizona unless your motorcycle has a protective windshield. This applies regardless of your age.
How Helmet Use Can Affect Your Injury Claim
Even though adult riders are not required to wear helmets, not wearing one can still come up in your case. Arizona uses a pure comparative negligence system under A.R.S. 12-2505. That means if an insurance company or defense attorney argues that your head injuries were made worse because you were not wearing a helmet, a jury could reduce your damages by the percentage of fault they assign to you for that choice.
The good news is that under Arizona’s pure comparative fault rule, you can still recover compensation even if you are found partially at fault. Your award is simply reduced by your percentage of responsibility. Even if a jury found you 30% at fault, you could still recover 70% of your damages.
This is exactly the kind of argument an experienced attorney can help you fight. Contact Wood Injury Law for a free consultation to talk through the specific facts of your case.
Who Is at Fault in an Arizona Motorcycle Accident?
Fault in a motorcycle crash can come from many directions. Common causes include:
- Drivers who fail to yield when turning left in front of a motorcycle
- Distracted drivers who do not see the motorcycle at all
- Drivers who merge into a motorcycle’s lane without checking blind spots
- Drunk or impaired drivers (see our DUI accident page for more on these cases)
- Poorly maintained roads with potholes, debris, or dangerous conditions
- Defective motorcycle parts or equipment
- Truck accidents involving commercial vehicles whose drivers have limited visibility
Determining fault requires a thorough investigation. That includes reviewing the police report, gathering witness statements, looking at traffic camera footage, and sometimes working with accident reconstruction experts. The sooner you get an attorney involved, the better chance you have of preserving that evidence.
Arizona’s Pure Comparative Fault Rule and Your Motorcycle Claim
Insurance companies love to blame the motorcycle rider. It is one of the oldest tricks in the playbook. They might say you were speeding, weaving, or that your visibility gear was not adequate. Under Arizona’s pure comparative negligence law, they can use any percentage of fault they assign to you to reduce what they owe.
Here is the important thing to remember: even if you made a mistake, you likely still have a claim. Arizona’s pure comparative fault system means there is no cutoff point where you lose the right to recover. A car driver who ran a red light and hit you is still responsible for their share of fault, even if you were also doing something you should not have been doing.
Josh Wood knows how insurance adjusters use comparative fault as a negotiation tool. He has seen it from the inside. Reach out today for a free case review and find out how much your claim may really be worth.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Arizona?
The Two-Year Deadline Under A.R.S. 12-542
In Arizona, you generally have two years from the date of your motorcycle accident to file a personal injury lawsuit. This deadline is set by A.R.S. 12-542. If you miss it, you almost certainly lose your right to sue, no matter how strong your case is.
Special Rules for Government Entities
If a government vehicle, government employee, or poorly maintained government road was involved in your crash, the rules are stricter. You must file a Notice of Claim within 180 days of the accident, and your lawsuit must be filed within one year. Missing that 180-day notice deadline can destroy an otherwise valid claim.
Minors Have Additional Time
If the injured rider was under 18 at the time of the crash, the two-year clock does not start running until their 18th birthday under A.R.S. 12-502.
Even if you feel like you have time, do not wait. Evidence disappears. Witnesses forget details. Insurance companies use delays against you. Talk to a lawyer as soon as possible after your crash.
What Compensation Can You Recover After a Motorcycle Crash?
Every case is different, and the value of your claim depends on your specific injuries and circumstances. That said, Arizona motorcycle accident victims can generally seek compensation for things like:
- Medical bills, both past and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage to your motorcycle and gear
- Rehabilitation and physical therapy costs
If a loved one was killed in a motorcycle crash, the family may have a wrongful death claim. Under Arizona law, the two-year clock for wrongful death runs from the date of death, not the date of the accident.
For a detailed look at what your specific situation might be worth, speak with an attorney about your case. Every claim is different.
Why Hire a Motorcycle Accident Lawyer in Arizona?
You could try to handle your claim on your own. Many people do. But insurance companies have teams of adjusters and attorneys whose entire job is to pay you as little as possible. They are not on your side, even when they sound friendly on the phone.
Josh Wood spent years as an insurance defense lawyer. He understands how those companies evaluate claims, what arguments they plan to make, and where they are vulnerable. He now uses that knowledge exclusively to help injury victims in Mesa, Phoenix, Gilbert, Chandler, Tempe, Glendale, and throughout Arizona get fair results.
Wood Injury Law works on a contingency fee basis. That means you pay nothing upfront and no attorney fees unless they win your case.
Schedule your free consultation today and let Josh review your case at no cost to you.
Steps to Take After a Motorcycle Accident in Arizona
- Get medical attention immediately. Even if you feel okay, some injuries do not show symptoms right away. A medical record also documents your injuries close in time to the crash.
- Call the police. Get an official police report on file.
- Document the scene. Take photos of the vehicles, road conditions, your injuries, and any skid marks or debris.
- Get witness information. Names and phone numbers can be critical later.
- Do not give a recorded statement to any insurance company before speaking with a lawyer.
- Contact a motorcycle accident attorney. The earlier you get legal representation, the better your chances of preserving evidence and maximizing your recovery.
Serving Motorcycle Accident Victims Across Arizona
Wood Injury Law represents injured riders across the entire state. Whether your crash happened in Mesa, Phoenix, Gilbert, Chandler, Tempe, Glendale, Surprise, Tucson, or anywhere else in Arizona, Josh Wood is ready to help. Visit our motorcycle accident page to learn more about how we handle these cases, or check out our FAQ page for answers to common questions.
Frequently Asked Questions: Motorcycle Accident Lawyer in Arizona
How long do I have to file a motorcycle accident lawsuit in Arizona?
In most cases, you have two years from the date of the accident under A.R.S. 12-542. If a government entity is involved, you must file a Notice of Claim within 180 days and file the lawsuit within one year. Do not wait to get legal advice because missing these deadlines usually means losing your right to recover anything.
Can I still recover compensation if I was not wearing a helmet?
Possibly yes. Arizona’s pure comparative fault rule under A.R.S. 12-2505 means you can recover damages even if you are found partially at fault. However, the insurance company may argue that your injuries were made worse by not wearing a helmet, which could reduce your award. An attorney can help you counter that argument.
Does Arizona require motorcycle riders to wear helmets?
Only riders and passengers under 18 are required to wear helmets in Arizona under A.R.S. 28-964. Eye protection is required for all riders unless the motorcycle has a protective windshield. Adult riders who choose not to wear a helmet are not breaking the law, but it can become a factor in a personal injury claim.
What if the driver who hit me does not have enough insurance?
This is unfortunately common. Arizona’s minimum liability coverage is $25,000 per person for bodily injury, which may not come close to covering serious motorcycle injuries. If the at-fault driver is underinsured, you may be able to use your own uninsured or underinsured motorist coverage. Speak with an attorney about your specific insurance situation to understand all available options.
How much does it cost to hire a motorcycle accident lawyer at Wood Injury Law?
Nothing upfront. Wood Injury Law works on a contingency fee basis, which means you pay no attorney fees unless they win your case. Your free consultation costs you nothing, and there is no obligation after.
Talk to a Motorcycle Accident Lawyer in Arizona for Free
You should not have to fight an insurance company alone while you are recovering from a serious crash. Josh Wood is a former insurance defense attorney who now dedicates his practice to helping accident victims across Arizona get the compensation they deserve. He knows how insurance companies work because he used to work for them.
If you were hurt in a motorcycle accident in Mesa, Phoenix, Gilbert, Chandler, or anywhere else in Arizona, do not wait. Evidence fades, deadlines approach, and insurance companies start building their case the moment the accident happens. The sooner you have an attorney in your corner, the better.
Contact Wood Injury Law today for your free, no-obligation consultation. There is no fee unless we win.