An insurer is blaming you for a crash with a cyclist in Arizona? Call us now or request a free case review before you give a recorded statement.
Short answer
In Arizona you can still recover compensation if an insurer says you share the blame. Arizona uses pure comparative fault, so each person’s compensation is reduced by their own percentage of fault, and you are not barred from recovery because you were partly responsible. [A.R.S. 12-2505] A cyclist who runs a stop sign is generally subject to the same traffic rules as a driver, and the insurer’s fault percentage is a negotiating position, not a verdict. [A.R.S. 28-812] Do not guess or apologize at the scene or to an adjuster, and preserve evidence such as video, photos, and your vehicle data right away.
Key facts
- Bicyclists follow traffic laws: the rights and duties of drivers generally apply to people riding bicycles. [A.R.S. 28-812]
- Fault rule: pure comparative fault. Your recovery is reduced by your percentage, not eliminated. [A.R.S. 12-2505]
- Insurer’s number is not final: an adjuster’s fault split is a negotiating position that evidence can change.
- If the cyclist is injured: notify your own insurer immediately, because your liability coverage may defend you and pay a covered claim.
- Do not: guess about speed, apologize, or admit fault at the scene or to an adjuster.
- Evidence that disappears fast: business and traffic camera video, dashcam footage, and vehicle event data.
- Deadline: generally 2 years from the crash for most personal injury claims. Claims against government entities have much shorter notice deadlines. [A.R.S. 12-542; A.R.S. 12-821.01]
How does Arizona comparative fault work?
Under pure comparative fault, a jury or insurer assigns each person a percentage of fault, and each person’s compensation is reduced by that percentage. [A.R.S. 12-2505]
This example illustrates the method only. It is not an estimate of any real case or a promise of any result.
| Item | Illustrative amount |
|---|---|
| Total damages | $100,000 |
| Fault assigned to you (20%) | minus $20,000 |
| Adjusted recovery | $80,000 |
If the other party’s fault is greater than yours, you can still recover. Under Arizona’s pure rule there is no cutoff at 50 percent.
Can a cyclist who ran a stop sign be at fault?
Yes. A person riding a bicycle on a roadway generally has the same duties as a driver, including stopping at a stop sign and yielding the right of way. [A.R.S. 28-812] Running a stop sign can be strong evidence of the cyclist’s negligence. The insurer may still argue that you could have avoided the crash by driving more slowly, watching more carefully, or braking sooner. Evidence decides how that split comes out.
What evidence shifts fault in a car and cyclist crash?
| Evidence | What it can show | Time sensitivity |
|---|---|---|
| Photos of the intersection, stop sign, and sight lines | Whether the sign was visible and whether the view was blocked | Scene changes within hours |
| Positions of the vehicle and bicycle | Point of impact and who entered the intersection first | Photograph before moving if safe |
| Dashcam or nearby camera video | Whether the cyclist stopped, their speed, and your speed | Often overwritten within days |
| Witness statements | Whether the cyclist stopped and how fast they were going | Memory fades quickly |
| Your vehicle’s speed and braking data | That you were traveling at a safe speed and braked | Lost if the vehicle is repaired or sold |
| Police report and citations | Officer observations and any citation issued | Request promptly |
| Bicycle and helmet damage | Angle of impact and rider position | Preserve the items |
| Medical records, if you were injured | Link between the crash and your injuries | Start treatment promptly |
What should I do right after the crash?
- Call 911, report the crash, and ask for medical help if anyone is hurt. [A.R.S. 28-667]
- Check on the cyclist and stay at the scene.
- Photograph the intersection, stop sign, vehicle and bicycle positions, damage, and any injuries.
- Get the cyclist’s name and contact information and the names of witnesses.
- Say little. Do not apologize, guess about speed, or say what the cyclist did wrong beyond the facts.
- Get medical care, even if you feel fine, because some injuries appear later.
- Report the crash to your own insurer.
- Ask a lawyer to send preservation letters for video and data before they are lost.
How should I deal with the insurance adjuster?
Report the crash to your insurer, and be careful with recorded statements to any insurer. Do not accept a fault percentage without reviewing the evidence, and stick to facts rather than speculation about speed or what the cyclist did. Speak with a lawyer before you give a recorded statement.
What arguments do insurers make in a cyclist crash?
| What the insurer may say | Evidence that can answer it |
|---|---|
| “You were driving too fast.” | Vehicle speed data, video, and skid mark analysis |
| “You should have seen the cyclist.” | Sight line photos, reconstruction, and proof the cyclist entered suddenly |
| “The cyclist had the right of way.” | The stop sign location, witness accounts, and video showing the cyclist did not stop |
| “You were distracted.” | Phone records and witness statements showing you were attentive |
| “You share the blame, so the claim is worth less.” | Comparative fault rules and evidence that reduces your percentage |
| “The cyclist was not obeying traffic laws, but you still share fault.” | A reconstruction showing the crash was not reasonably avoidable |
What if the cyclist was injured and is making a claim against me?
Notify your insurer immediately. Your liability coverage may defend you and pay a covered claim up to your policy limits. A lawyer can review whether the cyclist’s own conduct, such as running a stop sign, reduces their claim. Do not discuss fault with the cyclist or their representatives without advice.
What if I was injured too?
You may have your own claim for medical bills, lost income, vehicle damage, and pain and suffering, reduced by any share of fault assigned to you. Your own medical payments coverage or collision coverage may help in the meantime. For how claims are valued, see What is my Arizona personal injury case worth.
What if there was no video or no witnesses?
You can still show what happened. Physical evidence, vehicle damage patterns, event data recorders, 911 audio, the police report, and accident reconstruction can support your version. See How to prove the other driver was negligent.
What if the insurer’s offer is low?
An insurer may offer less by assigning you a high fault percentage. Do not sign a release or accept a fault percentage without review. See Why is my settlement offer lower than expected.
When should I hire a lawyer?
Consider a lawyer if fault is disputed, anyone was seriously hurt, the insurer is assigning you a high percentage, you are facing a claim from the cyclist, or the insurer asks for a recorded statement. A lawyer can handle communications, preserve evidence, and challenge the fault finding.
How Kash Legal helps
We investigate the crash, preserve and gather video and witness accounts, and push back on unsupported fault allocations. Our process starts with preserving evidence, then valuing damages, then negotiating with the insurer. We prepare cases as if they may go to court, which supports negotiation. If an adequate offer is not made, we are prepared to take the case to court.
FAQ
Can I recover if an insurer says I was 30% at fault?
Yes, reduced by your share. Arizona uses pure comparative fault. [A.R.S. 12-2505]
Is a cyclist allowed to ignore a stop sign?
No. Cyclists generally follow the same traffic laws as drivers. [A.R.S. 28-812]
Who is at fault when a cyclist runs a stop sign and hits a car?
Often the cyclist, but fault can be shared. Speed, attention, and visibility can affect the split.
Is the insurer’s fault percentage final?
No. It is a negotiating position that evidence can change.
Do I have to give a recorded statement?
Speak with a lawyer first.
Will my insurance rates go up?
It depends on your policy and the fault finding. Ask your insurer.
What if the cyclist was seriously hurt?
Notify your insurer immediately. Your liability coverage may defend you and pay a covered claim.
What if there was no video?
Physical evidence and witnesses can still show what happened.
Should I admit fault or apologize at the scene?
No. Stick to facts and avoid guessing.
What if the cyclist has no insurance?
If you were injured, your uninsured motorist or medical payments coverage may apply.
How long do I have to file a claim in Arizona?
Generally 2 years. Claims against government entities have shorter notice deadlines. [A.R.S. 12-542; A.R.S. 12-821.01]
How much does a lawyer cost?
We work on contingency, so you owe no fee unless we recover compensation for you.
Get a free evaluation of your Arizona cyclist crash case
Not sure how fault will be decided? Let us review the evidence. Our team will look at what you have, tell you what is missing, and explain your options in plain English or Spanish.
- Free and confidential: your case evaluation costs nothing, and what you share stays private.
- No fee unless we recover: we work on a contingency fee, so you owe no fee unless we recover compensation for you.
- Spanish-language service: hablamos español. Servicio en español disponible.
- Act quickly: video and vehicle data can be overwritten in days, and injury claims have filing deadlines.
Call us now or request your free case review here.
