In Arizona, motorcycles have the same rights and responsibilities as any other vehicle on the road. You are entitled to the full use of your lane. However, this simple legal truth gets complicated by the realities of the road, where other drivers fail to see motorcycles or respect their space.
Proving your right of way was violated is challenging after a crash. Insurance companies may try to shift blame, leaning on common biases against riders. The other driver’s story might change, or they may simply claim they never saw you. This is a difficult reality to face, especially when you are trying to recover from serious injuries.
But there is a hopeful path forward. The law provides a clear standard for fault, and violating your right of way is a powerful basis for a claim. With the help of an experienced motorcycle accident lawyer in Phoenix, Arizona, you have the right to pursue compensation for your medical bills, lost income, and the profound disruption to your life.
If you were injured because a driver violated your right of way, call Gallagher & Kennedy for a free consultation at (602) 530-8400.
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What Does "Right of Way" Actually Mean for a Motorcyclist?
Think of right of way as a set of traffic rules that dictates who should yield and who can proceed in any given situation, creating a predictable flow of traffic to prevent accidents. When another driver fails to yield the right of way and causes a crash, they have breached their legal duty of care.
Equal Rights, Unequal Risks
Under Arizona law, your motorcycle is treated just like a car. You have the same privileges at intersections, during merges, and within your lane. The difference is your vulnerability. A minor right-of-way mistake by a passenger car driver—a moment of distraction or a misjudgment of speed—has much more devastating consequences for a rider.
Your Right to a Full Lane
As mentioned, Arizona law grants you the full use of a traffic lane. Another vehicle is not permitted to drive in a way that deprives you of that space. This means a car cannot legally squeeze past you in your lane or share the lane with you. This principle is a standard protection for riders across the country.
Where Are a Motorcyclist’s Rights Most Often Violated?
Certain traffic scenarios are notorious for right-of-way violations involving motorcycles.
The Classic Left-Turn Collision
A driver turning left at an intersection fails to see an oncoming motorcycle or misjudges its speed and turns directly into its path. Sometimes, the driver will say they looked but simply "didn't see" the motorcycle. This is frequently due to a phenomenon called inattentional blindness, where a driver's brain is so focused on looking for other cars that it fails to register a smaller vehicle like a motorcycle. However, "I didn't see you" is not a legal defense; it's an admission of negligence.
Unsafe Lane Changes
Another common cause of motorcycle accidents is a car or truck merging or changing lanes directly into a rider. This typically happens because the driver failed to check their blind spot or did not take the extra moment to confirm the lane was clear. The smaller profile of a motorcycle makes it easier for a negligent driver to overlook it, but the responsibility to look and look again remains with the driver of the larger vehicle.
Rear-End Collisions at Intersections
A driver following too closely who fails to stop in time can cause a catastrophic rear-end collision. This is especially dangerous for motorcyclists and is a key reason some states are adopting new laws to protect riders in stopped traffic.
Intersections with Stop Signs
A car pulling out from a side street or stop sign into the path of an oncoming motorcycle that has the right of way is a frequent cause of serious accidents. Much like left-turn collisions, this scenario often comes down to a failure of perception on the car driver's part. They may misjudge the motorcycle's speed or simply fail to register its presence before it's too late.
Does Arizona’s New Lane Filtering Law Change My Rights?
In recent years, Arizona implemented a new law that has been a significant topic of discussion in the riding community. It creates new, specific rights under certain conditions.
First, What is Lane Filtering?
It’s important to distinguish between "lane filtering" and "lane splitting." Lane splitting, which involves riding between lanes of moving traffic, remains illegal in Arizona. Lane filtering, which is now legal, is the act of riding your motorcycle at a low speed between lanes of stopped or slow-moving traffic.
The New Rule in Arizona
As of 2022, Senate Bill 1273 allows motorcyclists to lane filter under very specific conditions. This change was made in part to reduce the risk of motorcyclists being rear-ended in congested traffic. The conditions are as follows:
- The posted speed limit on the road must be 45 mph or less.
- The vehicles you are passing must be completely stopped.
- You cannot travel faster than 15 mph while filtering.
- The law applies only to two-wheeled motorcycles.
How This Affects Your Right of Way
If you are filtering legally according to these rules, you have the right of way to do so. A driver of a stopped vehicle cannot intentionally impede you, open their door to block you, or otherwise obstruct your path. If they do, and an accident occurs, they would likely be at fault.
However, this right is conditional. If you were filtering improperly—for example, by going faster than 15 mph or doing it on a highway where the speed limit is over 45 mph—an insurance company will almost certainly argue that you share some of the fault for the collision. This is a new and nuanced area of law, and how it is interpreted in an accident claim is something our firm is closely monitoring. If you were injured while lane filtering, we highly recommend consulting with an attorney who understands the specifics of this new legislation.
How Do You Prove the Other Driver Violated Your Right of Way?
The challenge in a motorcycle accident case is proving what the other driver did. The moments after a crash are chaotic. Memories fade, and stories can change. The other driver's insurance company will use any ambiguity to its advantage to reduce its payout or deny your claim altogether.
The Evidence We Gather
As motorcycle accident lawyers, we work to preserve all evidence that can help tell the true story of what happened.
- The Police Report: This is the starting point. We analyze the officer’s narrative, diagrams, witness information, and any citations issued at the scene.
- Witness Statements: Independent witnesses who have no stake in the outcome can be incredibly powerful. Our investigators are skilled at locating and interviewing anyone who saw what happened, securing their account before memories fade.
- Scene and Vehicle Damage: The physical evidence often tells a story that words cannot. The location of dents, scrapes, and debris help reconstruct the moments before impact. We may bring in accident reconstruction professionals to analyze this evidence and create a scientific model of the crash.
- Video Footage: In today's world, cameras are everywhere. We immediately launch a search for any available traffic cameras, business surveillance, doorbell cameras, or dashcam footage that may have captured the collision.
What Can a Motorcycle Accident Attorney Do for My Motorcycle Accident Claim?
When you're recovering from an injury, the last thing you need is a second job managing a complex legal claim.
We Handle All Communications
From the moment you decide to work with us, all calls and correspondence from insurance companies are routed through our office. You will no longer have to speak with adjusters whose primary goal is to find ways to minimize your claim.
We Establish a Clear Narrative of Fault
Using the evidence we've gathered, we construct a detailed demand package. It lays out exactly how the other driver was negligent, backs it up with evidence and legal precedent, and clearly demonstrates why their insurer is responsible for certain damages you have incurred.
We Accurately Value Your Claim
We calculate the full scope of your losses, which may include:
- Future Medical Needs: This could include costs for physical therapy, follow-up surgeries, long-term pain management, or necessary medical equipment.
- Lost Earning Capacity: If your injuries impact your ability to perform your job duties or work in the same field, we calculate the long-term financial impact on your life.
- Pain and Suffering: The law recognizes the significant human cost of an injury—the physical pain, the emotional distress, and the loss of enjoyment of life. We ensure this is a central and properly valued part of your claim.
We Manage the Deadlines and Paperwork
Arizona has a strict two-year statute of limitations for filing a personal injury lawsuit. Missing this deadline means losing your right to seek compensation forever. We manage all legal deadlines and filings to protect your rights, ensuring your claim is filed correctly and on time, giving you peace of mind.
Frequently Asked Questions About Motorcycle Right of Way
Can I be blamed for the accident if I wasn't wearing a helmet?
No. In Arizona, only riders under the age of 18 are required to wear a helmet. For adult riders, the decision not to wear one does not affect who was at fault for causing the crash. An insurance company may try to argue that the lack of a helmet worsened your injuries, but it does not change the fact that the other driver violated your right of way and caused the collision.
What if both of us were partly at fault?
Arizona uses a "pure comparative fault" rule. This means you can still recover damages even if you were partially at fault for the accident. Your total compensation will simply be reduced by your percentage of fault. For example, if you were found to be 10% at fault, your final award would be reduced by 10%. Our role is to build the strongest case possible to minimize any allocation of fault against you.
Do I have a claim if I was hit by a car while riding my bicycle, not a motorcycle?
Yes. Bicyclists have similar rights to the road and are also frequently the victims of right-of-way violations. The legal principles are largely the same, and the consequences can be just as severe.
How much does it cost to hire a motorcycle accident lawyer?
We handle personal injury cases on a contingency fee basis. This means you pay no attorney's fees unless and until we win a recovery for you. Our fee is a percentage of the final settlement or verdict we obtain on your behalf. This allows you to have strong legal representation without any upfront financial risk.
The Law is Your Shield. Let Us Hold It for You.
The rules of the road are clear: you have a right to be there, and other drivers have a duty to respect your space. When they fail in that duty, the law provides a path to hold them accountable for the harm they cause.
You do not have to argue with insurance adjusters, chase down evidence, or worry about complex legal procedures while you are trying to heal from your injuries.
Let our experienced Phoenix personal injury lawyer team at Gallagher & Kennedy handle the details so that you can focus on your recovery. Contact us today for a free, no-obligation case review at (602) 530-8400.
Contact us for a free consultation