Been in a Motorcycle Accident in Phoenix?
Riders face unique risks and unique legal challenges. Here's what to do next.
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Key Takeaways
- Call 911 immediately and do not remove your helmet unless you must to breathe — improper removal can worsen a neck or spinal injury, and adrenaline after a motorcycle crash can mask serious injuries for hours.
- Arizona's statute of limitations is 2 years from the accident date to file a personal injury lawsuit (A.R.S. § 12-542), with a shortened 180-day Notice of Claim deadline if a government entity is involved (A.R.S. § 12-821.01).
- Under Arizona's pure comparative fault system (A.R.S. § 12-2505), you can recover damages even if partially at fault — this is critical for motorcyclists because insurance companies frequently try to assign riders a higher share of blame.
- Phoenix's year-round riding season and wide, high-speed arterials like Camelback Road and Indian School Road create constant danger, with motorcycle crashes peaking during the 4-5 PM rush hour and the I-10/I-17 "Stack" interchange being particularly hazardous.
- Do not give a recorded statement to the other driver's insurance without first speaking to an attorney — adjusters are trained to minimize motorcycle claims and will be especially aggressive about assigning fault to the rider.
- Most motorcycle accident attorneys offer free consultations and work on contingency, and they can counter the anti-rider bias that insurance adjusters and juries often carry against motorcyclists.
Get medical attention — this is urgent
Motorcycle accidents produce some of the most severe injuries on the road. Without the protective shell of a car, riders absorb the full force of impact. Road rash, broken bones, traumatic brain injuries, spinal cord damage, and internal bleeding are all common — and can be life-threatening.
Call 911 immediately. Do not remove your helmet unless you must to breathe — removing it improperly can worsen a neck or spinal injury. Let paramedics assess you at the scene.
Even if you think your injuries are minor, get to a hospital. Adrenaline after a motorcycle crash is intense and can mask serious injuries for hours. Phoenix's Level I trauma centers — Banner – University Medical Center Phoenix, St. Joseph's Hospital and Medical Center (with the Barrow Neurological Institute), Valleywise Health Medical Center, Banner Desert Medical Center in Mesa, and HonorHealth Scottsdale Osborn — are equipped to treat the most severe motorcycle crash injuries.
Stay at the scene and report the accident
Arizona law requires you to remain at the scene of any accident involving injuries. Call the Phoenix Police Department (PPD) for crashes on city streets, or the Arizona Department of Public Safety (DPS) for freeway incidents. A formal police report is essential evidence for your claim.
If no officer responds, you must file a written report with ADOT within 24 hours for accidents involving injury or death, or within 72 hours for property damage only.
Document everything
If you're physically able, photograph the scene: your motorcycle and all damage, the other vehicle(s), the road surface and conditions, skid marks, debris, traffic signals, and your injuries (including road rash and damaged gear). Get the other driver's information — name, phone, insurance, license number, and plate. Collect witness names and phone numbers.
Do not admit fault or apologize. In many motorcycle accidents, the driver of the car will claim they didn't see the motorcycle. Your evidence helps establish what actually happened.
Understand the bias against motorcyclists
Here's an uncomfortable truth: insurance adjusters and juries often carry a bias against motorcycle riders. They may assume you were speeding, weaving through traffic, or riding recklessly — even when the other driver was entirely at fault. This bias can reduce your settlement or verdict.
This is one reason documentation matters so much. Photographs, witness statements, the police report, and your riding history all help counter the assumption that you were the reckless party. If you were wearing a helmet and proper riding gear, make sure that's documented.
Know Arizona's motorcycle helmet law
Arizona requires helmets for riders under 18 (A.R.S. § 28-964). Adult riders are not legally required to wear a helmet. However, if you weren't wearing a helmet and suffered a head injury, the other side may argue that your injuries were worsened by your choice — potentially reducing your compensation under Arizona's pure comparative fault system.
Arizona also requires motorcyclists to wear eye protection (glasses, goggles, or a face shield) unless the motorcycle has a windscreen (A.R.S. § 28-964).
Understand Arizona's pure comparative fault system
Arizona follows a pure comparative fault rule (A.R.S. § 12-2505). This means you can recover damages even if you were partially at fault for the accident. Your award is reduced by your percentage of fault, but there is no bar threshold — even a rider found 80% at fault can still recover 20% of their damages.
This is especially important for motorcyclists, because insurance companies frequently try to assign riders a higher percentage of fault. An attorney can fight to minimize the fault assigned to you, directly increasing your compensation.
Know the 2-year statute of limitations
Under A.R.S. § 12-542, you have two years from the date of the motorcycle accident to file a personal injury lawsuit in Arizona. For wrongful death claims, the deadline is two years from the date of death.
If your accident involved a government entity (a city vehicle, a state road defect, etc.), you must file a Notice of Claim within 180 days (A.R.S. § 12-821.01). Missing this deadline bars your claim entirely.
Talk to a motorcycle accident attorney
Motorcycle accident cases require an attorney who understands the unique dynamics of motorcycle crashes and the bias that riders face. A good motorcycle accident attorney will know how to counter anti-rider prejudice, document the full extent of your injuries, identify all liable parties, and negotiate aggressively with insurance companies.
Most motorcycle accident attorneys offer free consultations and work on contingency — you pay nothing unless they win your case.