Motorcycle accident claims in Arizona

The insurer says the crash was my fault. Is my claim over?

No. Arizona follows pure comparative fault under A.R.S. § 12-2505: a rider found partly at fault may still recover, reduced by their percentage of blame. An adjuster's fault assignment is an opening position built on the bias these cases carry, not a verdict. Reconstruction, cameras, and witnesses are what actually allocate fault.

I was not wearing a helmet. Do I still have a case?

You may. Arizona requires helmets only for riders and passengers under 18, so an adult riding without one was riding lawfully. Not wearing a helmet does not bar recovery, though insurers often argue it under comparative fault, typically as to head injuries. It is an argument to be answered, not a case-ender.

I was lane filtering when I was hit. Was that legal?

It may have been. Since 2022, A.R.S. § 28-903 permits limited lane filtering: between stopped vehicles, on a road with a posted limit of 45 mph or lower and two or more lanes in the same direction, at 15 mph or less. A rider filtering within those limits was riding legally, which reframes fault from the start.

Expect the insurer to blur the line between lawful filtering and unlawful lane splitting. The statute's conditions are specific, and establishing that your riding fit them is often the pivot of the liability fight.

What if a driver turned left in front of me or did not see me?

That is the dominant motorcycle crash pattern: a left turn across an oncoming rider, or a lane change into a blind spot. "I didn't see him" is an admission, not a defense, because drivers owe a duty to look and yield. If a driver failed that duty, you may have a claim.

How long do I have, and what if the injuries are catastrophic?

Generally two years from the crash under A.R.S. § 12-542, or a notice of claim within 180 days under A.R.S. § 12-821.01 if a public entity is involved. Motorcycle injuries skew severe, and the Arizona Constitution (art. II, § 31) prohibits caps on injury damages, so medical costs, lost earning capacity, and pain are assessed on the actual record.