Arizona

Attorneys for Cyclists Who Have Been Injured or Killed By Negligent Drivers in Arizona

Sometimes cars, trucks, and other motor vehicles pose a greater danger to you when you are not behind the wheel yourself. Whether you or a loved one are riding a bicycle for fun, exercise or to get to work, being on a bicycle means being susceptible to serious injuries and even death. Just because you are not driving does not mean that other drivers’ careless acts do not impact you. All it takes is a driver texting or an inebriated motorist to knock you off your feet – literally and figuratively.

Cyclists who are struck by motor vehicles in Arizona require prompt medical attention and treatment and could end up tragically passing away from their injuries. During such difficult times, let the experienced Phoenix bicycle accident lawyers at Torgenson Law help you and your family take control and exercise your rights for legal justice.

Is the Cyclist Always Right?

Some people may have grown up being told that the cyclist always has the “right of way.” This line of thinking alleges that bicyclists can never be responsible in any way for a bike collision or crash. Unfortunately, this is not true: negligent or reckless cyclist conduct may contribute to a collision. 

Motorists in the state of Arizona must do their part so as to avoid bicycle accidents. This means, at a bare minimum, drivers should:

  • Maintain, at minimum, three feet of separation when passing cyclists;
  • Drive slower in areas with a high concentration of bicyclists, such as shopping districts and parking lots;
  • Drive at an appropriate speed during inclement weather and when visibility is reduced;
  • Not text and drive or use any other electronic device when their cars are in motion;
  • Not drink and drive or consume drugs of any kind that can impair a person’s faculties, judgment, or reactions before getting behind the wheel; 
  • Obey traffic laws and not attempt to “beat” yellow lights, especially at intersections where cyclists tend to cross; and/or
  • Operate a motor vehicle with defects that hinder the vehicle’s ability to be seen and heard and/or to stop suddenly in the event of an imminent cycle collision.

Whenever a motorist is primarily at fault for causing a collision with a bicyclist, that bicyclist may file a lawsuit against the motorist in order to receive monetary compensation for any injuries or harm the cyclist suffers. This is true even if the bicyclist is partly to blame for the collision. If a cyclist is found to be partly to blame for his or her own injuries, but the motorist is primarily responsible, then any compensation the bicyclist is entitled to receive will be reduced in proportion to the amount of responsibility the motorist actually bears.

What is a Wrongful Death Lawsuit?

Under A.R.S. Section 12-611, a civil suit may be brought by a family member who lost a family member due to the negligent actions or misconduct of another. This civil suit is known as a wrongful death lawsuit or wrongful death action. In Arizona, these cases are filed on behalf of the decedent to recover damages from those who caused their untimely death.

According to A.R.S. § 12-612, certain family members may also file a separate wrongful death lawsuit seeking damages. These damages typically include funeral expenses, loss of companionship, loss of consortium, loss of inheritance, and several other financial damages. 

Who May Bring a Wrongful Death Lawsuit / Action in the State of Arizona?

According to A.R.S. § 12-612, a wrongful death lawsuit may not be filed by anyone connected with the deceased person. A wrongful death lawsuit may only be filed by and for the benefit of:

  • The decedent’s child or children.
  • The decedent’s parent(s).
  • The decedent’s spouse.
  • The decedent’s personal representative who is acting on behalf of the decedent’s estate, children, spouse, or parent(s).
  • The decedent’s legal guardian.
  • The decedent’s personal representative if the decedent has no surviving member as listed above. 

Do you have any legal questions about filing a wrongful death claim? Simply contact Torgenson Law at (602) 892-4293 to discuss your legal rights.

Arizona Statute of Limitations for Wrongful Death Cases in Fatal Bicycle Accidents

The State of Arizona has set a deadline in which a qualified family member may bring a wrongful death action. This time limit is known as the “statutes of limitations.” According to A.R.S. § 12-542, a wrongful death lawsuit must be filed within two years of the date in which the death occurred.

The Key Elements of a Wrongful Death Lawsuit in Arizona

In order for a plaintiff to win their wrongful death case in the state of Arizona, the plaintiff’s Phoenix wrongful death attorneys must prove the following four elements at trial:

  • Negligence: Our bicycle accident lawyers would need to successfully demonstrate that the death of your family member was caused by the negligent and wrongful acts of the at-fault party (defendant).
  • Breach of Duty: Our bicycle accident attorneys would need to prove that the at-fault party owed a duty of care to your family member. For example, the at-fault party was required to obey a stop sign and failed to stop at the stop sign which was a contributing factor in the fatal bicycle accident.
  • Causation: Our bicycle accident lawyers would have to prove that the defendant’s negligence is what caused the accident resulting in your loved one’s tragic death.
  • Damages: Lastly, our Phoenix car accident attorneys would have to prove monetary losses (damages). For example, monetary damages may be hospital bills, funeral expenses, pain and suffering, and other damages.

If you have any questions about filing a wrongful death action, simply contact Torgenson Law at (602) 892-4293 for your free case review.

Your Free, No-Cost Case Analysis is Waiting

Torgenson Law offers injured bicyclists a free, no-cost case analysis to discuss the facts that led to their bicycle accident and to learn what legal rights they have. There is no cost for this analysis, and there is not any obligation at the conclusion of the analysis to retain the services of our firm. This is simply an opportunity for injured bicyclists to speak with an experienced member of our legal team and have their most pressing questions and concerns addressed with compassion and skill. 

Torgenson Law has been fighting for injured cyclists throughout Arizona for over 15 years. Our bicycle accident injury attorneys aim to provide superior legal services and assistance to injured bicyclists and to help them begin the long process of rebuilding their lives.

Act Now to Protect Your Right to Compensation Under Arizona Law

Depending on the facts of your case, a claimant or family of the decedent may only have two years to exercise their legal rights and seek compensation in the state of Arizona. The clock begins to run on the date the bicyclist is injured, and there are very few ways to “stop the clock” and obtain more time in which to file a lawsuit. For this reason, injured bicyclists must be prepared to take prompt action, speak with an attorney quickly, and initiate a lawsuit for compensation soon after the accident occurs in order to have the opportunity to seek and recover monetary damages.

If you or a loved one has been hurt in a bicycle collision, speak with Torgenson Law by phone or through our website today.

Torgenson Law Has Over 15 Years Of Legal Experience Ready To Work For You

The time you have to legally receive compensation is limited. At Torgenson Law Arizona Injury Lawyers, we are 100% dedicated to fighting against the big insurance companies and major corporations on behalf of the good people who live and work in the great State of Arizona. Let us help you, too. Call our Phoenix personal injury lawyers at Torgenson Law at (602) 726-0747 to receive a free consultation today.