If you need a Scottsdale bicycle accident lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.
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If you were injured in a bicycle accident in Scottsdale, Arizona, Elmm Law Group can pursue full compensation on your behalf, handling the insurance company so you can focus on recovery. Scottsdale’s mix of high-speed arterials, busy entertainment corridors, and popular greenbelt paths creates real danger for cyclists every day, and when a driver’s negligence puts you in the hospital, you deserve an attorney who knows exactly how to fight back. Attorney Gordana Mikalacki and the Elmm Law Group team represent injured cyclists throughout Scottsdale and the greater Phoenix area on a contingency basis, you pay nothing unless we win.
The data below comes from government and public-health sources, not marketing claims. Each figure links to its original source so you can verify it.
Scottsdale bicycle accident victims need to act quickly: Arizona’s two-year filing deadline under A.R.S. § 12-542 begins on the day of the crash, and a separate 180-day notice-of-claim deadline applies when a government entity is involved. Cyclists have full road rights under A.R.S. § 28-812, and Arizona’s pure comparative fault rule means you can still recover compensation even if you were partly at fault. Speaking with an attorney before giving any statement to an insurance company is the single most protective step you can take.
Arizona law gives you specific rights as a cyclist, but those rights come with deadlines and procedural rules that can make or break your case. Understanding the basics before you speak with an insurer can protect the value of your claim.
Bicycle accident claims are more complicated than they appear because insurance companies routinely deploy adjusters and defense attorneys whose sole job is to minimize payouts, and cyclists are frequent targets of blame-shifting tactics. Common insurer arguments, that the cyclist was “in the wrong lane,” “not visible enough,” or riding improperly, are often factually wrong and legally irrelevant when the driver violated a traffic law, but countering them requires knowledge of Arizona’s bicycle statutes and the ability to marshal supporting evidence. Without an attorney, many injured cyclists accept reduced settlements because they do not know how to push back.
A bicycle accident claim is not simply a matter of showing that a driver hit you. Insurance companies employ adjusters and defense lawyers whose job is to minimize what they pay, and cyclists are a frequent target of tactics designed to shift blame.
One of the most common insurer arguments is that the cyclist was “in the wrong lane,” “riding too far from the curb,” or “not visible enough.” These claims are often factually wrong and legally irrelevant when the driver violated a traffic law, but without an attorney, many injured cyclists accept reduced settlements because they don’t know how to counter them. The applicable statutes, A.R.S. § 28-812, § 28-815, and the duty-of-care provisions embedded in Arizona’s general negligence framework, provide the legal foundation for rebutting these arguments, but only if they are properly marshaled with supporting evidence. Arizona’s negligence per se doctrine provides an additional avenue: when a driver violates a statute enacted to protect a class of persons that includes cyclists, such as the duty to yield under A.R.S. § 28-772 or the prohibition on distracted driving under A.R.S. § 28-914, that statutory violation can establish the duty and breach elements of negligence without requiring the jury to engage in a broader reasonable-person analysis.
Right-hook crashes, where a driver passes a cyclist and immediately turns right across the cyclist’s path, are frequently mischaracterized as the cyclist’s fault. Dooring incidents, where a parked driver swings open a car door into a cyclist’s lane, raise questions about which party bears liability and whether the vehicle owner or driver is responsible. These fact patterns require careful investigation and knowledge of Arizona’s traffic statutes to resolve correctly. In dooring cases, for example, the driver of the parked vehicle may be liable under A.R.S. § 28-812 and general negligence principles even if the cyclist was moving at normal speed in a designated bike lane.
Insurers also routinely make early, lowball settlement offers before the full extent of your injuries is known. Accepting a quick settlement typically releases all future claims, including claims for surgeries, rehabilitation, or long-term disability that haven’t yet been diagnosed. An experienced bicycle accident attorney can advise you on when it is and is not safe to settle, and can ensure that any release language is carefully reviewed before you sign.
After a Scottsdale bicycle accident, Arizona law allows injured cyclists to pursue both economic damages, such as medical expenses, lost wages, and property damage, and non-economic damages such as pain and suffering and loss of consortium. In cases involving extreme recklessness, such as a DUI driver, punitive damages may also be available. The specific categories and amounts recoverable depend on the severity of your injuries, the at-fault party’s insurance coverage, and how thoroughly your damages are documented.
Arizona law allows injured cyclists to pursue both economic and non-economic damages. The specific categories available in your case depend on the facts, the severity of your injuries, and the at-fault party’s insurance coverage, but the following types of compensation are commonly pursued in Scottsdale bicycle accident claims.
The most common causes of bicycle accidents in Scottsdale include right-hook crashes on high-volume arterials like Scottsdale Road and Hayden Road, dooring incidents in Old Town’s parallel-parking corridors, impaired and distracted drivers near the Old Town entertainment district, and dangerous at-grade crossings along the Indian Bend Wash greenbelt. Maricopa and Pima Counties together accounted for 82.0% of all bicycle crashes in Arizona in 2024, according to ADOT, placing Scottsdale cyclists squarely in the state’s highest-risk crash geography. Each crash pattern corresponds to a specific legal theory of liability that must be identified and developed early in the claims process.
Scottsdale’s geography and traffic patterns create a specific set of recurring hazards for cyclists. Understanding where and how crashes happen helps build a stronger liability case. The risk is not abstract: Maricopa and Pima Counties together accounted for 82.0% of all bicycle crashes in Arizona in 2024, according to the Arizona Department of Transportation, 2024 Crash Facts, meaning that riding in the greater Scottsdale area places cyclists squarely in the state’s highest-risk crash geography. As NHTSA has documented, most fatal bicycle crashes occur in urban areas, where cyclists share busy roads with motor vehicles, precisely the environment that defines Scottsdale’s arterial corridors. Each of the crash patterns below has a corresponding legal theory of liability; identifying the correct theory early is essential to building a claim that withstands insurer scrutiny.
Scottsdale bicycle accident victims commonly sustain traumatic brain injuries, spinal cord injuries, broken bones, severe road rash, and internal injuries, all of which tend to be more serious than injuries in vehicle-to-vehicle crashes at comparable speeds because cyclists have no protective shell. The CDC reports that more than 1,000 bicyclists are killed in U.S. traffic crashes each year and tens of thousands are injured. The severity of these injuries directly affects the value of a legal claim, because more serious injuries produce higher medical costs, longer recovery periods, greater lost-income exposure, and stronger grounds for non-economic damages.
Because cyclists have no protective shell around them, the injuries sustained in bicycle accidents tend to be severe, often far more serious than injuries in vehicle-to-vehicle crashes at the same speed. The CDC reports that more than 1,000 bicyclists are killed in U.S. traffic crashes each year, and tens of thousands are injured, a toll that reflects how little protection a cyclist has when struck by a motor vehicle. The severity of these injuries also has direct legal consequences: more serious injuries typically mean higher medical costs, longer recovery periods, greater lost-income exposure, and stronger grounds for significant non-economic damages. The following injuries appear regularly in the cases Elmm Law Group handles.
After a bicycle accident in Scottsdale, you should call 911 immediately, document the scene with photographs, collect witness contact information, seek follow-up medical care even if you feel uninjured, and decline to give a recorded statement to the at-fault driver’s insurance company before speaking with an attorney. Evidence such as surveillance footage from businesses along Scottsdale Road or Old Town can be overwritten within days, so acting quickly, including retaining an attorney who can issue preservation demands, is critical to protecting your claim.
The actions you take in the hours and days after a bicycle accident can significantly affect the strength and value of your claim. Follow these steps as closely as your physical condition allows.
Elmm Law Group builds Scottsdale bicycle accident cases through rapid evidence preservation, including surveillance footage requests, official crash report retrieval, and litigation hold notices, combined with expert testimony from accident reconstruction specialists, medical experts, and vocational planners who quantify every element of your damages. Attorney Gordana Mikalacki’s background as a former Arizona Assistant Attorney General means she understands how institutional defendants and their insurers approach injury claims, and she prepares every case as if it will go to trial in Maricopa County Superior Court.
Every bicycle accident case is different, but the foundation of a strong claim is the same: thorough investigation, meticulous documentation, and aggressive advocacy. Here is how Elmm Law Group approaches your case from day one.
Gordana Mikalacki and her team move quickly to preserve evidence before it is lost. This includes requesting surveillance footage from businesses and traffic cameras along corridors like Scottsdale Road and Hayden Road, obtaining the official Scottsdale Police Department crash report, and, where appropriate, retaining an accident reconstruction expert to document the physics of the collision. We also identify and interview witnesses before memories fade.
Where road conditions contributed to the crash, a pothole on a Scottsdale greenbelt crossing, a faded bike lane marking on Shea Boulevard, or a malfunctioning traffic signal near the Loop 101, we investigate whether the City of Scottsdale or another government entity bears liability, and we act quickly to meet the 180-day notice-of-claim requirement under A.R.S. § 12-821.01.
In bicycle accident cases, the right expert testimony can be the difference between a disputed liability finding and a clear verdict in your favor. Elmm Law Group identifies and retains the appropriate experts based on the specific facts of your crash.
Accident reconstruction specialists analyze vehicle speeds, braking distances, point of impact, and cyclist trajectory using physical evidence, crash scene measurements, and, where available, electronic data from the at-fault vehicle’s event data recorder (EDR). In right-hook and intersection crashes on Scottsdale’s high-speed arterials, reconstruction analysis can definitively establish that the driver had time and opportunity to avoid the collision. Reconstruction reports are also powerful tools for countering insurer arguments that the cyclist was at fault, because they translate the physics of the crash into objective, documented findings that are difficult to dispute without a competing expert.
Medical experts, including treating physicians, independent medical examiners, and specialists in neurology, orthopedics, or physical rehabilitation, document the full scope of your injuries, connect them causally to the crash, and project future medical needs. This expert foundation is essential for quantifying damages accurately and for countering any insurer argument that your injuries were pre-existing or unrelated to the accident.
Bicycle industry and safety experts can speak to applicable cycling standards, the adequacy of road design and bike lane markings under AASHTO guidelines, and whether the at-fault driver’s conduct deviated from what a reasonable driver should have done when sharing the road with a cyclist. In dooring cases or crashes involving inadequate bike infrastructure, these experts provide context that lay jurors may not otherwise have.
Vocational and life-care planning experts are retained in cases involving serious or permanent injuries to quantify lost earning capacity and the projected cost of ongoing care, ensuring that no element of your long-term damages is left unaddressed at the negotiating table or before a jury.
Critically, Elmm Law Group issues litigation hold notices and third-party preservation demands as early as possible to prevent the destruction of key evidence, including surveillance footage, vehicle EDR data, and road maintenance records held by the City of Scottsdale or ADOT. Once evidence is lost, it cannot be recreated.
We work with your treating physicians and, when necessary, independent medical experts to fully document the nature and extent of your injuries. This means not just cataloging your current medical bills, but projecting future medical costs, quantifying your lost earning capacity, and building a complete picture of how the crash has affected your life. Insurers settle for more when they know the opposing attorney has done this work.
We also gather wage records, employment documentation, and, for serious injuries, work with life-care planners and vocational experts to ensure that no element of your damages is left on the table.
Most bicycle accident cases resolve through negotiation, but Elmm Law Group prepares every case as if it will go to trial. Insurance companies know which law firms will fight and which will fold, and that knowledge affects the settlement offers they make. Gordana Mikalacki’s background as a former Arizona Assistant Attorney General means she has litigated against well-funded opponents and knows how to build a case that holds up in Maricopa County Superior Court. If a fair settlement cannot be reached, we are fully prepared to take your case to a jury.
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Scottsdale bicycle accident cases require local knowledge of specific crash corridors, including the Indian Bend Wash greenbelt crossings on Hayden Road, the high-speed arterials of North Scottsdale near Thompson Peak Parkway and Frank Lloyd Wright Boulevard, and the Old Town entertainment district, because the legal strategy for each location depends on understanding the road geometry, applicable traffic controls, and the government entities responsible for maintenance. Elmm Law Group’s Phoenix office is a short drive west of Scottsdale, and Gordana Mikalacki is deeply familiar with Maricopa County Superior Court procedures where Scottsdale bicycle accident lawsuits are filed.
Scottsdale’s road network presents a unique set of hazards for cyclists that an attorney unfamiliar with the area simply cannot fully appreciate. The Indian Bend Wash greenbelt, one of the most heavily used recreational corridors in the Valley, runs through the heart of Scottsdale, and its at-grade crossings with busy surface streets like Hayden Road are recurring crash sites. The corridor between McCormick Ranch and the Scottsdale Airpark along Hayden and Pima Roads combines high-speed through traffic with commercial driveways and limited sight lines, a dangerous combination for cyclists.
North Scottsdale’s wide arterials, Thompson Peak Parkway, Frank Lloyd Wright Boulevard, and Pima Road near the Pima/Princess intersection, carry fast-moving traffic that is frequently inattentive, particularly during the seasonal event spikes around Barrett-Jackson and the Waste Management Phoenix Open when thousands of out-of-town drivers unfamiliar with local roads flood the area. Bell Road’s intersection with Scottsdale Road is another high-volume crash zone where cyclists in the bike lane face aggressive turning movements from drivers focused on the next freeway on-ramp.
Under A.R.S. § 28-812, cyclists on all of these roads have the full legal rights of drivers. Under A.R.S. § 28-815, cyclists are entitled to use the full lane when the lane is too narrow to share safely with a vehicle, a rule that drivers and even some adjusters frequently misunderstand. Knowing these statutes and how they apply to specific Scottsdale intersections and corridors is the difference between a well-built claim and a compromised one.
Bicycle accident cases arising in Scottsdale are filed in Maricopa County Superior Court, located in Phoenix. Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive west of Scottsdale via the Loop 202 (South Mountain Freeway) or McDowell Road, and our team is deeply familiar with local Maricopa County court procedures, judicial preferences, and the practical realities of litigating in this courthouse.
Gordana “Gordi” Mikalacki, Esq. is the founder and lead attorney of Elmm Law Group. She earned her J.D. from the Sandra Day O’Connor College of Law at Arizona State University and began her legal career as a law clerk at the Arizona Court of Appeals, an experience that gave her an unusually deep understanding of how appellate courts analyze trial-level decisions, including personal injury verdicts.
She then served as an Arizona Assistant Attorney General, litigating complex cases on behalf of the State of Arizona. That experience, working inside a major government litigation office, taught her exactly how well-funded institutional defendants and their insurers approach injury claims, and how to counter those strategies effectively on behalf of injured individuals.
Gordana focuses exclusively on personal injury law. She works directly with every client, you will not be handed off to a paralegal or a junior associate. She is available 24/7 and serves clients in English, Spanish, and Serbo-Croatian. For Scottsdale bicycle accident victims, that direct access to an experienced, credentialed attorney from day one is a meaningful advantage when dealing with insurance companies who are counting on you not knowing your rights.
There are many personal injury firms in the Phoenix metro area. Here is what sets Elmm Law Group apart for Scottsdale bicycle accident victims.
If you or someone you love was injured in a bicycle accident in Scottsdale, the most important step you can take right now is to speak with an attorney before the insurance company shapes the narrative. Elmm Law Group offers a completely free, no-obligation consultation, we will review the facts of your crash, explain your rights under Arizona law, and tell you honestly what we think your case is worth. There is no pressure and no fee unless we win your case. Gordana Mikalacki is available 24 hours a day, seven days a week, and serves clients throughout Scottsdale and the greater Phoenix area from the firm’s Phoenix office at 3401 N. 32nd St.
Get Your Free Consultation - Available 24/7Elmm Law Group handles the full range of personal injury claims across Scottsdale. If your situation involves more than one of these areas, we handle it under a single case.
In most Scottsdale bicycle accident cases, Arizona’s general personal injury statute of limitations under A.R.S. § 12-542 gives you two years from the date of the crash to file a lawsuit in Maricopa County Superior Court. If you miss this deadline, the court will almost certainly dismiss your case and you will lose your right to compensation permanently.
There is an important exception: if a government entity is involved, for example, if a defective road surface maintained by the City of Scottsdale or ADOT contributed to your crash, you must file a formal notice of claim within 180 days of the incident under A.R.S. § 12-821.01. Failing to file this notice on time can bar your claim against the government entity even if the two-year period has not yet expired. This is one of the most common and costly mistakes injured cyclists make, which is why contacting an attorney quickly after your crash is so important.
Yes. Under A.R.S. § 28-812, a person riding a bicycle on an Arizona roadway has all the same rights and is subject to all the same duties as the driver of a motor vehicle. This means that a driver who fails to yield to a cyclist, cuts off a cyclist making a right turn, or opens a car door into a cyclist’s path on Scottsdale Road or Hayden Road has violated the same traffic laws that would apply if they had hit another car.
Additionally, A.R.S. § 28-815 allows cyclists to take the full travel lane when the lane is too narrow to share safely side-by-side with a vehicle. This is a frequently misunderstood rule, drivers and even some insurance adjusters assume cyclists are always required to ride as far right as possible, but the law is more nuanced. An experienced bicycle accident attorney can use these statutes to counter arguments that you were “in the wrong place” when you were hit.
Arizona follows a pure comparative fault system under A.R.S. § 12-2505. This means that even if you were partially at fault for the crash, for example, if you were riding slightly outside the designated bike lane, you can still recover compensation. Your total damages award is simply reduced by your percentage of fault. If a jury finds you 20% at fault and awards $100,000 in damages, you would receive $80,000.
The practical implication is that the at-fault driver’s insurance company has a strong financial incentive to argue that you were as much at fault as possible. They may claim you were speeding, not visible, or riding improperly. An attorney who knows Scottsdale’s roads and Arizona’s bicycle traffic laws can challenge these arguments with evidence, crash reconstruction analysis, witness testimony, traffic camera footage, and the applicable statutes, to keep your assigned fault percentage as low as the facts support.
Arizona does not have a law requiring adult cyclists to wear helmets. Because there is no statutory duty for adults to wear a helmet, the argument that you were negligent simply for riding without one is legally weak in most cases. An insurer who tries to use helmet non-use as a basis for denying or reducing your entire claim is on shaky legal ground.
That said, in cases involving head injuries, a defense attorney may argue under comparative fault principles that a helmet would have reduced the severity of your head injury, not that you caused the crash, but that you failed to mitigate your damages. This is a more nuanced argument, and its success depends heavily on the specific facts, the nature of the injury, and the medical evidence. An experienced attorney can retain experts to counter this argument where the evidence supports doing so.
Bicycle accident lawsuits arising in Scottsdale are filed in Maricopa County Superior Court in Phoenix. Maricopa County Superior Court handles a very high volume of personal injury cases, and the practical realities of litigating there, including case management timelines, judicial assignment practices, and local court rules, matter to the strategy and timeline of your case.
Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive west of Scottsdale via the Loop 202 or McDowell Road, and Gordana Mikalacki is deeply familiar with Maricopa County Superior Court procedures. For smaller claims that fall within the jurisdictional limits, cases may also be filed in Scottsdale City Court or Maricopa County Justice Court, your attorney can advise you on the appropriate venue based on the value of your claim and the specific facts of your case.
Elmm Law Group handles Scottsdale bicycle accident cases on a contingency fee basis. This means you pay no attorney’s fees upfront and no attorney’s fees at all unless we recover money for you through a settlement or verdict. Our fee is a percentage of the recovery, which is agreed upon in writing before we begin work on your case.
The initial consultation is completely free and carries no obligation. You can speak with Gordana Mikalacki directly, explain what happened, and get a candid assessment of your case, at no cost and with no pressure. For injured cyclists who are already dealing with medical bills and lost income, this structure means you can access experienced legal representation without any out-of-pocket expense.
The timeline for a Scottsdale bicycle accident case depends on the severity of your injuries, the complexity of the liability dispute, and whether the case settles or proceeds to trial. As a general framework, the process runs from crash and police report through medical treatment, attorney retention, evidence preservation, a demand letter to the insurer, negotiation, and then either settlement or lawsuit filing. Cases that settle before litigation often resolve within several months to a year of the crash. Cases that require filing a lawsuit in Maricopa County Superior Court typically resolve within one to two years after filing, depending on court scheduling and the issues in dispute.
One important factor is the need to reach maximum medical improvement, the point at which your treating physicians can project your future medical needs with reasonable certainty, before settling. Settling too early, before the full extent of your injuries is known, can leave significant compensation on the table. An experienced attorney will advise you on the right time to demand and accept a settlement based on the specific facts of your case.
The value of a Scottsdale bicycle accident case is determined by several interacting factors: the severity and permanence of your injuries, the total amount of your medical expenses (past and projected future), the income you lost and any reduction in your future earning capacity, the strength of the evidence establishing the other driver’s fault, and the at-fault driver’s insurance policy limits. Non-economic damages, pain and suffering, emotional distress, and loss of enjoyment of life, also contribute significantly to case value, particularly in cases involving serious or permanent injuries.
Other factors that can affect value include whether the at-fault driver was impaired or distracted (which may support punitive damages), whether a government entity shares liability for a road defect, and whether the insurer disputes liability or only disputes the extent of damages. Because every case turns on its specific facts, the best way to get a realistic assessment of what your case may be worth is to speak directly with an attorney who has reviewed the evidence.
You are not legally required to hire an attorney to pursue a bicycle accident claim in Arizona, but the practical reality is that injured cyclists who handle their own claims against insurance companies almost always receive less compensation than those represented by counsel. Insurance adjusters are trained negotiators whose job is to close claims for as little as possible, and they are skilled at using statements, gaps in medical treatment, and comparative fault arguments to reduce payouts. An attorney levels that playing field.
For serious injuries, those involving hospitalization, surgery, significant lost income, or permanent impairment, the financial stakes are high enough that the difference between a represented and unrepresented outcome can be substantial. Because Elmm Law Group works on a contingency fee basis, there is no financial barrier to getting experienced representation: you pay nothing unless we win, and the consultation is free.
After a Scottsdale bicycle accident, you should provide the at-fault driver’s insurer only with the basic information required by law, your name and contact information, and decline to give a recorded statement until you have spoken with an attorney. Insurance adjusters often contact injured cyclists quickly, sometimes within hours of a crash, and recorded statements made before you understand the full extent of your injuries or the applicable law can be used to minimize your claim.
You should also be cautious about accepting any early settlement offer. Insurers sometimes make quick, low offers before the full extent of your injuries is known, and accepting a settlement typically requires signing a release that bars all future claims, including claims for medical treatment you haven’t yet needed. Once you retain an attorney, all insurer communication goes through your lawyer, which removes the pressure of dealing with adjusters directly while you focus on recovery.
If a government vehicle, such as a City of Scottsdale municipal vehicle, an ADOT maintenance truck, or a Maricopa County vehicle, caused your bicycle accident, or if a government entity’s negligent road maintenance (such as a pothole, faded bike lane markings, or a malfunctioning traffic signal) contributed to the crash, you can still pursue a claim, but the procedural rules are more demanding and the deadlines are shorter. Under A.R.S. § 12-821.01, you must file a formal notice of claim with the appropriate government entity within 180 days of the incident. This notice must meet specific content requirements, and failing to file it correctly and on time will typically bar your claim against the government entity entirely.
Government entities also have certain immunities under Arizona law that do not apply to private defendants, which makes these cases more legally complex. Elmm Law Group has experience identifying government liability in bicycle accident cases, including road design defects, signal timing failures, and inadequate bike lane markings, and moving quickly to meet the 180-day notice deadline. If there is any possibility that a government entity contributed to your crash, contacting an attorney immediately is essential.
The decision to settle or go to trial in a Scottsdale bicycle accident case depends on the strength of the evidence, the amount the insurer is willing to offer versus the realistic value of your claim at trial, and your personal circumstances and risk tolerance. The vast majority of personal injury cases, including bicycle accident cases, resolve through settlement before trial. Settlement provides certainty and avoids the time, expense, and unpredictability of a jury trial. However, a settlement is only worth accepting if it fairly compensates you for all of your damages, including future medical costs and non-economic losses.
Elmm Law Group prepares every case as if it will go to trial, because insurance companies make better settlement offers when they know the opposing attorney is genuinely prepared to litigate. If the insurer’s best offer does not fairly compensate you, Gordana Mikalacki is fully prepared to take your case to a Maricopa County Superior Court jury. The decision is always yours, your attorney’s job is to give you an honest assessment of both options so you can make an informed choice.
Being partly at fault for your bicycle accident does not prevent you from recovering compensation in Arizona. Under the state’s pure comparative fault rule, codified at A.R.S. § 12-2505, your damages are reduced proportionally by your percentage of fault, but you can recover even if you were found to be more than 50% at fault. This is more favorable than the modified comparative fault rules used in many other states, which cut off recovery entirely once a plaintiff’s fault reaches a certain threshold.
The key battleground in comparative fault cases is the percentage of fault assigned to each party. Insurers routinely argue that cyclists were speeding, riding outside the bike lane, not wearing visible clothing, or otherwise contributing to the crash, and they inflate these percentages to reduce their payout. An attorney can counter these arguments with crash reconstruction evidence, applicable traffic statutes, witness testimony, and surveillance footage to ensure that your assigned fault percentage reflects the actual facts rather than the insurer’s preferred narrative.
If the driver who caused your Scottsdale bicycle accident was uninsured or carried insurance limits too low to cover your damages, you may still have options. Your own automobile insurance policy may include uninsured motorist (UM) or underinsured motorist (UIM) coverage that applies to bicycle accidents, Arizona law requires insurers to offer this coverage, though policyholders may waive it in writing. If you have UM/UIM coverage, your own insurer steps in to compensate you up to your policy limits for damages the at-fault driver cannot pay.
Additionally, if a third party, such as a bar that over-served an impaired driver, an employer whose employee was driving for work, or a government entity responsible for a road defect, shares liability for the crash, those parties may provide an additional source of recovery beyond the at-fault driver’s policy. An attorney can identify all potentially liable parties and all available insurance coverage to maximize the compensation available to you.
You should contact a Scottsdale bicycle accident attorney as soon as possible after the crash, ideally within the first few days. The reasons are practical: surveillance footage from businesses and traffic cameras along corridors like Scottsdale Road and Old Town is typically overwritten within days to weeks. Witnesses’ memories fade. Physical evidence at the crash scene, skid marks, debris fields, road defect conditions, changes or disappears. The at-fault driver’s insurer may contact you quickly to take a recorded statement before you understand your rights.
Early attorney involvement allows your lawyer to issue immediate preservation demands to businesses, government agencies, and the insurer; to document the crash scene before conditions change; and to advise you on what to say, and what not to say, to the insurance company. If a government entity may be involved, the 180-day notice-of-claim deadline under A.R.S. § 12-821.01 makes early contact with an attorney especially urgent. Elmm Law Group is available 24/7 for new clients and offers a completely free initial consultation.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
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