Hurt in an Arizona motorcycle crash after a car turned into your path? Call us now or request a free case review before you speak with the driver’s insurer.
Short answer
A personal injury lawyer who handles motorcycle cases can pursue a claim when a car turns right across a rider’s path and traps the motorcycle. These crashes usually turn on whether the driver checked mirrors and blind spots, signaled, and yielded before turning. Arizona uses pure comparative fault, so you can recover even if partly at fault, reduced by your percentage, which makes evidence about lane position, speed, and the driver’s actions important from day one. [A.R.S. 12-2505] Call 911, get medical care, and keep your helmet, gear, and motorcycle unrepaired until they are documented.
Key facts
- Typical cause: a driver turns right without seeing or yielding to a motorcycle beside or behind the vehicle.
- Fault rule: pure comparative fault. You can recover even if partly at fault, reduced by your percentage. [A.R.S. 12-2505]
- Burden of proof: you must show the driver owed a duty, breached it, caused your injuries, and that you suffered damages.
- 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]
- Damage caps: none on injury damages under the Arizona Constitution. [Ariz. Const. art. 2, sec. 31]
- Evidence that disappears fast: business and traffic camera video, dashcam footage, and the car’s event data recorder.
- First steps: call 911, get medical care the same day, photograph the scene, and do not repair the motorcycle before it is documented.
Why do right-turn motorcycle collisions happen?
Motorcycles are narrower than cars and are easy to miss in mirrors and blind spots. Common situations include:
- A driver turning right into a driveway or side street from a lane the rider is passing
- A driver turning right from a through lane without checking for a motorcycle behind them
- A driver slowing to turn and cutting off a rider who is overtaking
- A driver turning right from the wrong lane, or from a bike lane or shoulder
- A driver distracted by a phone, navigation, or passengers
How is fault proven in a right-turn trap crash?
| Evidence | What it can show | Time sensitivity |
|---|---|---|
| Driver duty and traffic law | The driver had to signal, check mirrors and blind spots, and yield before turning [Arizona turning and yielding statutes] | Not time sensitive |
| Rider lane position and speed | Whether you were lawfully positioned and traveling at a reasonable speed | Preserve your account early |
| Skid marks, point of impact, vehicle and gear damage | How the vehicles met and who moved into whose path | Scene changes within hours |
| Traffic, business, and dashcam video | The turn, the signal, and your position | Often overwritten within days |
| Car event data recorder | Speed, braking, and throttle | Lost if the car is repaired or sold |
| Witnesses and 911 audio | An independent account of what happened | Memory fades quickly |
| Police report | Officer observations, citations, and diagram | Request promptly |
| Phone records | Distraction at the time of the turn | Requires a preservation letter and legal process |
What do insurers argue after a right-turn motorcycle crash?
| What the insurer may say | Evidence that can answer it |
|---|---|
| “You were speeding.” | Video, event data, and skid mark analysis |
| “You were in the driver’s blind spot.” | A driver must still check mirrors and blind spots before turning, and reconstruction can show whether a careful driver would have seen you |
| “You were passing unsafely or lane splitting.” | Proof of your lane position and whether you were lawfully passing. Arizona does not authorize lane splitting between lanes of traffic. |
| “You could have avoided the crash.” | Reconstruction of perception and reaction time |
| “You were not wearing a helmet or proper gear.” | Review of Arizona helmet rules and how they affect a claim |
| “Your injuries are not that serious.” | Prompt medical records, imaging, and doctor opinions |
What if the driver says they did not see me?
Failing to see a motorcycle is not a defense when a reasonably careful driver would have looked and yielded. Drivers are expected to check mirrors and blind spots before turning, so “I did not see you” can itself show a breach of the duty of care.
What should I do after a right-turn motorcycle crash?
- Call 911 and ask for police and medical help. [A.R.S. 28-667]
- Get medical care the same day, even if you feel fine, because some injuries appear later.
- Photograph the scene, vehicle positions, skid marks, signals, your injuries, and your helmet and gear.
- Get the driver’s name, phone number, license, plate, and insurance information.
- Get names and phone numbers of witnesses.
- Keep your helmet, gear, and motorcycle unrepaired until they are documented.
- Do not apologize, guess about fault, or give a recorded statement to the driver’s insurer before speaking with a lawyer.
- Do not post about the crash or your activities on social media.
- Ask a lawyer to send preservation letters for video, vehicle data, and phone records.
What damages can a motorcycle rider recover?
Motorcycle injuries are often severe because the rider has no vehicle around them. A claim can include:
- Medical care: emergency care, surgery, hospital stays, rehabilitation, and future medical care
- Lost income and lost earning capacity: time off work and any reduced ability to earn
- Property damage: the motorcycle, helmet, and riding gear
- Non-economic damages: pain and suffering, emotional distress, scarring, and loss of enjoyment of life
- Loss of consortium: a spouse’s claim for the effect of the injury on the marriage
- Wrongful death: if a rider died, eligible family members may bring a separate claim with its own deadline [A.R.S. 12-611 to 12-613]
Arizona does not cap injury damages, but the amount you can collect is also limited by the available insurance. Your own uninsured and underinsured motorist coverage may matter. For more on valuation, see What is my Arizona personal injury case worth.
What if I was partly at fault?
You can still recover. Under Arizona’s pure comparative fault rule, your compensation is reduced by your percentage of fault. [A.R.S. 12-2505] An insurer’s fault percentage is a negotiating position, not a verdict. See Insurer blames me for the crash.
What if the insurer’s offer is low?
Early offers often count only current bills and leave out future care and lost earning capacity. Do not sign a release before your doctors know your long-term outlook. See Why is my settlement offer lower than expected.
How to choose a motorcycle injury lawyer
Ask these questions:
- Does the firm handle motorcycle cases regularly?
- Who will manage my case day to day?
- Do you work on contingency, and what costs might I owe?
- Will you send preservation letters for video and vehicle data right away?
- Are you prepared to take the case to court if the insurer will not make a fair offer?
How Kash Legal helps motorcycle accident victims
Our process starts with preserving evidence and investigating, then valuing your full damages, then negotiating with the insurer. We prepare cases as if they may go to court, which gives us leverage in negotiation. If an adequate offer is not made, we are prepared to take the case to court.
FAQ
Who is at fault when a car turns right and hits a motorcycle?
Usually the turning driver, if they failed to check mirrors and blind spots, signal, or yield. Fault can be shared, and the rider’s share reduces recovery.
Do I have a claim if I was not wearing a helmet?
Possibly. Helmet rules and their effect on a claim should be reviewed by an attorney.
What if the driver says they did not see me?
Failing to see a motorcycle is not a defense when a reasonably careful driver would have looked and yielded.
Is lane splitting legal in Arizona?
Arizona does not authorize lane splitting between lanes of traffic, and insurers may raise it.
Can I recover if I was partly at fault?
Yes, reduced by your share. [A.R.S. 12-2505]
Should I repair my motorcycle right away?
Document the damage first and talk to a lawyer, because the bike is evidence.
What evidence matters most in a right-turn crash?
Video, the car’s event data recorder, skid marks, witness statements, the police report, and medical records.
What if the driver was working or driving a company vehicle?
The employer may also be responsible.
What if the driver has no insurance or low limits?
Your uninsured and underinsured motorist coverage may help.
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]
Should I talk to the driver’s insurance company?
You can report the crash, but speak with an attorney before giving a recorded statement.
How much does a motorcycle accident lawyer cost?
We work on contingency, so you owe no fee unless we recover compensation for you.
Get a free evaluation of your Arizona motorcycle crash claim
Not sure the driver’s fault can be proven? 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.
