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Gilbert Bicycle Accident Lawyer

A recent study by the National Highway Traffic Safety Administration reported that there were 783 fatal bicycle accidents in 2017 alone. If you recently suffered injuries in a bicycle crash, it is vital that you understand your rights and options to seek financial recovery for your losses. A Gilbert bicycle accident lawyer could carefully review your case to identify the parties responsible and help you understand the laws applicable to your claim. Schedule a consultation with a personal injury lawyer today. En Español.

Gilbert Bicycle Collision Laws

Arizona law requires bicyclists to follow the same regulations as motor vehicles operating on the roadway. As such, bicyclists must stop for stop signs and traffic lights, signal stops and turns, and yield to pedestrians. Some important laws governing bicyclists in the state as outlined in Title 28 of the Arizona Revised Statutes include:

  • If there are more than five vehicles behind the cyclist, they must pull off the road and allow them to pass as soon as it is safe to do so.
  • If the bicyclist is riding slower than the normal traffic speed, they must remain as close as is possible to the right edge or curb of the roadway.
  • Before the bicyclist changes lanes or turns, they must provide the appropriate arm signal.
  • Bicyclists are not permitted to right alongside another bicycle unless on a bike-only path.
  • Bicyclists are not permitted to hold onto another vehicle while on the road
  • Bicyclists must keep at least one hand on the bike handlebars at all times.
  • When a cyclist rides at night, they must have a rear reflector visible from a minimum of 50 to 300 feet and a white headlight visible from a minimum of 500 feet.
  • Bicycles must feature a front or rear brake (or both).

Likewise, drivers of motor vehicles must exercise due care when operating on the roadways with bicyclists. For example, Arizona Revised Statutes §28-735 requires drivers to take care when overtaking a bicycle traveling in the same direction, by allowing a safe distance of at least three feet until they have safely passed the bicyclist.

Establishing Negligence in a Gilbert Bicycle Accident Case

In order for a Gilbert bicycle crash attorney to present a successful negligence claim on behalf of the plaintiff, the following three elements must be proven:

  • The driver owed the bicyclist a duty to drive with a reasonable degree of care
  • That driver breached their duty by failing to drive with reasonable care
  • The bicyclist was injured and incurred damages due to the driver’s negligent actions

The statutory deadline to file most personal injury cases, including bicycle collisions, is two years from the date of the accident. Failure to bring a case within the required time limit could cause the court to refuse to hear the plaintiff’s claim.

Understanding the Role of the Pure Comparative Fault Doctrine

Arizona is among a number of pure comparative fault states that permit the plaintiff to recover damages even if they are partially to blame for the accident. This means that the damages a bicyclist could recover would be reduced by the proportionate level of fault assigned to them, whatever that percentage might be.

For instance, if the jury assigns a bicyclist 35 percent of fault in the crash for failing to have the proper lights, they could only recover 65 percent of their total awarded damages. A skilled Gilbert bicycle collision lawyer would thoroughly investigate the circumstances of the accident to identify all parties liable for the plaintiff’s injuries.

Contact an Experienced Gilbert Bicycle Accident Attorney Right Away

A bicycle crash can be a traumatic event, both physically and emotionally. A Gilbert bicycle accident lawyer could help ease your stress during this challenging period and deal with the insurance company on your behalf so you can focus on healing and recovery. Call the office today to schedule your initial case consultation and learn what could be possible for your claim.

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