Arizona Motorcycle Law
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FAQ’s: Arizona Motorcycle Laws
Anyone under 18 is required to wear a helmet in Arizona. Those over 18 are not required by law to wear a helmet.
Protective eyewear is required by law in Arizona unless your bike is equipped with a windscreen.
In Arizona, the maximum noise level for motorcycle mufflers is determined by the model of the motorcycle, measured 50 feet from the center of a lane of the road. Noise reduction parts must be installed if the original muffler is no longer installed. Arizona also prohibits the use of cutoff or bypass devices.
No, there are no restrictions on the age of a passenger in Arizona.
Yes. In Arizona it is permissible to wear headphones or earbuds while riding.
Arizona requires the use of daytime headlights but permits the use of a “modulating headlight” that changes between full power, low beam, and a dimming effect.
No, lane splitting is illegal in Arizona.
Yes, Arizona requires a seat for the driver and for the passenger on the bike.
Recognized as one of America’s Best Lawyers by US News and World Report, Jason Waechter can provide a free consultation regarding your motorcycle accident claim. Whether you live in Phoenix, Prescott, Payson, Tucson, Mesa, Gilbert, Chandler or anywhere in Arizona call Jason today at (877)-Biker-Law. Jason Waechter has a national firm with Affiliate Motorcycle Lawyers in every state. We have vetted offices in Arizona handling the entire state—Phoenix, Tucson, Scottsdale, Mesa and more.
It is wise to hire a reputable Arizona motorcycle accident attorney, such as Jason Waechter, as quickly as possible following the accident. Sure you can try to handle a case yourself, however there are often many nuances under the law that even experienced car accident lawyers are unaware of. You want to make sure you check all of the avenues of recovery so that the most compensation can be obtained. Only specializing lawyers typically know this information.
Contact has to be made with the appropriate insurance company(s). This could include the at fault driver’s insurance company, the owner of the vehicle involved’s insurance company and even your insurance company depending upon the facts. Be careful, it’s our experience that these insurance adjusters are trained to obtain information from you that may hurt your claim and case.
An experienced Arizona motorcycle accident attorney can answer all of your questions and help you file an injury claim. Whether your accident is in Phoenix, Payson, Prescott, Mesa, Chandler, Gilbert, Tucson, or anywhere else in Arizona, Jason Waechter will obtain all the necessary information needed for a claim to help ensure you receive optimal results. Jason can be reached at (877)-Biker-Law.
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Often times the Arizona county where the crash occurred is the proper venue to file a motorcycle injury or wrongful death lawsuit. However, depending on all of the facts which may include where the defendant driver lives, where the defendant corporation does business, where the plaintiff lives is information that may factor into this decision.
Jason Waechter (recognized by US News and World Report as one of America’s best lawyers) is an expert motorcycle accident attorney and experienced at determining where the best filing location is in the state of Arizona. No matter where your motorcycle accident occurred, he is committed to providing you excellent representation. Call Jason today at (877)-Biker-Law.
Yes, Arizona is an at-fault state. This translates to meaning the one who is responsible for causing a motorcycle accident is responsible for paying the damages. Therefore, your attorney can file a claim directly with the at-fault’s insurance company. Jason Waechter is an experienced motorcycle accident attorney serving clients throughout all of the state.
If you’ve been hurt in a motorcycle injury accident call or visit Jason today at (877)-Biker-Law for a free personalized consultation today. We are a national firm with Affiliate Motorcycle Lawyers in every state. We have vetted offices in Arizona handling the entire state—Phoenix, Tucson, Scottsdale, Mesa and more.
In the vast majority of cases involving private citizens and companies, you have just two years from the date of your accident to file a claim. However, there are exceptions. For instance, if the other driver is employed by a local government, such as, fire, police, or sanitation departments, you have only 180 days to take action. It is always prudent to call a motorcycle accident attorney as early as possible. Speak to experienced motorcycle attorney Jason Waechter at (877)-Biker-Law to protect your claim today.
If you are hit by a Lyft, Uber, Doordash or Grubhub driver in Prescott, Payson, mesa, Phoenix, or anywhere in Arizona, the good news is the coverages are higher than the currently mandated state minimums. In this type of case, it is important to determine whether the driver was on the application’s platform and on the clock at the time of the accident. If so, this will positively impact the amount of applicable liability coverage.
If involved in a motorcycle accident with a rideshare vehicle in Arizona contact Jason Waechter (one of America’s Best Lawyers as rated by US News and World Report) at (877)-Biker-Law to discuss your claim. We provide a free case strategy session.
Your health insurance company often has the right to take part of your motorcycle accident settlement, depending on what is contained in your health insurance contract. Often, your health insurance company is entitled to recover everything that is paid for your medical care. It is called subrogation. We often negotiate a reduction in the amount claimed by the health insurance company.
Understanding who’s entitled to what in a personal injury case is a complex issue. It can become exceedingly “murky” when an insurance company, health care provider, or other third party becomes involved. Luckily for you, we are here to help. Contact motorcycle accident attorney Jason Waechter to protect your settlement from your health insurance company.
Definitely. Your insurance company often requires one to be made within 30 days of the crash. Also, certain facts will be documented by professional investigator at the time of the accident. This can be helpful in any claims or cases you have. It is important. When the police arrive at the motorcycle crash scene, you must request the investigating officers create a police report and cite the party at fault with an infraction. It is then clear who caused the accident and solid evidence is created.
Call experienced motorcycle accident attorney Jason Waechter at (877)-Biker-Law for a free consultation. We are a national firm with Affiliate Motorcycle Lawyers in every state. We have vetted offices in Arizona handling the entire state—Phoenix, Tucson, Scottsdale, Mesa and more.
1.) Check and make sure everyone is OK.
2.) Call 911.
3.) If possible, take pictures and video of the accident scene.
4.) Seek immediate medical attention. Injury symptoms may not appear for days after the accident, and it will strengthen your personal injury claim.
5.) Follow the advice of your doctor.
6.) Schedule an appointment with experienced motorcycle attorney Jason Waechter immediately.
First, at the scene, do all the normal things you would do in any accident: check to make sure everyone is okay, call 911, take photographs, seek medical attention and then consult a specializing motorcycle attorney.
As to the uninsured part of this question, it is important to check your insurance policy for an Uninsured Motorist declaration. This type of coverage covers you should you be hit by a third party who does not have insurance or has left the scene. Whereas collision covers medical expenses related to the accident, uninsured motorist coverage provides for losses due to pain and suffering, wage loss, loss of enjoyment in life, marital relationship loss, and other reasonable damages. Call your insurance company to see if you have this important coverage. If not, it is inexpensive to add.
As with any injury accident in Phoenix, Payson, Prescott, or anywhere in Arizona, it is best to consult experienced motorcycle attorney Jason Waechter at (877)-Biker-Law to determine your level of protection. Jason has been selected as a top attorney by Super Lawyers and Top 100 Lawyers.
A common misconception most people have is that motorcyclists are frequently at fault for causing their own accidents. A public bias exists portraying motorcyclists as more likely to take risks and to be responsible for the collisions in which they are involved. However, a landmark study about the causes of motorcycle crashes called the Hurt Report revealed the opposite to be true.
This study, which was commissioned by the National Highway Traffic Safety Administration (NHTSA) in the late 1970s, found that motorists are responsible for causing two-thirds of all of the motorcycle crashes in the study.
While the study is decades old, it is the largest study that has ever been conducted into the causes of motorcycle crashes and is still relevant. It is important to understand, because of the misconceptions people have about motorcyclists, proving the motorist is at fault in your case (instead of you) may require strong evidence to present to a jury.
Whether your accident occurred in Phoenix, Prescott, Payson, Mesa, Chandler, Apache Junction, or anywhere in Arizona, Jason Waechter (recognized as one of America’s Best Lawyers by US News and World Report) understands how to gather evidence that supports your case. Call him today at (877)-Biker-Law. We enjoy the highest rating from Martindale-Hubble for ethics and ability.
Whether cruising the streets of Phoenix, Payson, Prescott, Tucson, Mesa, Gilbert or the open desert, current Arizona law requires anyone younger than age 18 to wear helmets. In other words, current Arizona helmet law does not require those over 18 years of age to wear a helmet.
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Motorists owe a duty of care to diligently obey traffic laws and regulations when they are turning left at an intersection or a side street onto a roadway. When a motorist turns left onto a highway in front of an oncoming motorcyclist, it can cause the motorcyclist to collide with the motorist’s vehicle. In most cases, the motorist who turned left in front of the motorcyclist is at fault in causing the motorcycle crash.
Experienced motorcycle attorney Jason Waechter will provide a free consultation regarding any at-fault motorcycle accident issues you have at (877)-Biker-Law.
While the current helmet law only requires motorcyclists who are younger than age 18 to wear helmets, it requires all motorcyclists to use other types of safety gear. You must wear protective goggles or a clear face shield when you are operating your motorcycle unless it has a protective windshield. While the law doesn’t mandate that you use any other safety gear, it is a supporting factor to your case if you wear safety gear. You might wear protective pants that are made out of leather or Kevlar, a motorcycle jacket, and motorcycle gloves. You should have rain gear available in the event that you run into weather and cold weather gear if you plan to drive in the mountains.
You should always see a doctor after you have been involved in a motorcycle crash. In the immediate aftermath of a wreck, many people experience a rush of adrenaline. When experiencing an adrenaline rush, you may not be aware you are injured.
Some injuries that are potentially serious may not immediately show symptoms. You could have internal injuries which worsen without immediate medical attention. A doctor can examine you and check for hidden injuries. Getting immediate medical attention aids any subsequent accident claim by showing a link between your injuries and the accident. If you do not get medical attention, there will be no way to prove your injuries.
As soon as you experience pain or have a medical diagnosis, THE Motorcycle Lawyer at (877)-Biker-Law to discuss your claim. We are a national firm with Affiliate Motorcycle Lawyers in every state. We have vetted offices in Arizona handling the entire state—Phoenix, Tucson, Scottsdale, Mesa and more.
Unfortunately, some motorists who crash into motorcyclists flee the scene of the accidents. This is especially problematic because it can leave you without a source of recovery for your losses. The state recognizes the importance of remaining at the scene of an accident. Under Arizona law, all drivers who are involved in accidents with other vehicles are mandated to remain at the scene of the accident when the accident results in death or severe personal injury. Drivers who cause a serious injury or fatal accident and flee the scene may be charged with a class 2 felony.
If you are seriously injured in a hit and run motorcycle accident, try to write down the motorist’s license plate number or memorize it. Notice details about the vehicle such as its color, make, model, and any distinguishing characteristics. If you have uninsured and underinsured motorist coverage, a personal injury insurance claim can be submitted without the identity of the other motorist involved.
Make sure to report the accident to the police and encourage any witnesses who saw what happened to remain at the scene. Get the names and contact information for all of the witnesses and schedule a consultation with experienced motorcycle accident lawyer Jason Waechter as soon as possible. We provide a free case strategy session.
If you are over age 18, you are not required to wear a motorcycle helmet in Arizona. You can still recover compensation from the other motorist when he or she is responsible for the collision. To prove your claim, negligence must be attributed to the other motorist. This involves proving that the driver owes a duty of care to drive in a reasonably safe manner and failed in that duty. You will also need to show the other driver’s failure caused damages, injuries, and suffered financial harm as a result.
Once established that the other motorist is at fault, proof is required tying your injuries to the accident. If you are not wearing a helmet, the other motorist will attempt to argue your injuries would not have been as severe if you had chosen to wear a helmet.
This is why it is important to have an experienced motorcycle accident attorney like nationally recognized Jason Waechter working for you. Jason has law strategy sessions in Phoenix, Payson, and Prescott. Make an appointment to meet with Jason at (877)-Biker-Law.
In some motorcycle crashes, the motorcyclist and the motorist share partial fault for causing the accident, or they at least the other side attempts to argue the biker was negligent. If you suffered an injury in a motorcycle crash and were partly to blame, that does not preclude you from the ability to recover compensation from the other motorist. Under Arizona law, you are able to recover compensation from another motorist who shares the blame. This legal concept is known as “comparative negligence.”
The question of percentage of fault can be negotiated or decided by a judge or jury. If it is decided the motorist and you both share some fault, the deciding party will determine the percentage of fault each of you has. Once a settlement amount has been awarded in your favor, your award will be reduced by the percentage of fault that you have in causing the accident. For example, if it is determined you were 10% at fault and awarded a settlement of $1 million, your award amount will be reduced by 10% to give you a net award of $900,000. Defendants will always try to argue that the plaintiff shares some of the fault in order to try to reduce the total amount that they will be forced to pay.
To insure your settlement rights are protected, it is important to have an experienced motorcycle accident attorney handle these complex and intricate negotiations. Selected as a Super Lawyer, call Jason Waechter at (877)-Biker-Law for a free strategy session.
Motorcycle passengers can recover compensation when they are injured in a motorcycle crash. Injured passengers might not know who to file claims against for their injuries and losses. In many cases, the passengers may file claims against both the motorcycle operator and the other motorist for the accident. My office calls these ‘friendly claims’, “friendly” because it is just about insurance; NO personal money is at stake.
Under Arizona law, injured victims are allowed to name two or more parties as defendants to their lawsuits when they have each contributed to the cause of the accidents. The jury will determine the percentage of fault that is attributable to each at-fault party so that you can recover compensation from both the motorcycle operator and the motorist for your losses. Since multiple parties might be at fault in causing your injuries and losses, it is a good idea for you to get help from an experienced injury lawyer.
Jason Waechter (with Affiliate Motorcycle Lawyers vetted offices across that state) can analyze your case and identify all of the defendants who should be named in a lawsuit. If you do not name all of the responsible parties, you may lose your right to recover from a party that is partially to blame if the unnamed party is assigned any fault by a jury.
A: In general, it is never a good idea to accept an offer from an insurance company immediately after your accident. Insurance companies sometimes extend quick offers that are unreasonably low. They do this by convincing you that your accident is not worth much and committing you to accept less money than what you are truly owed. Accepting a “low ball” offer makes you a double victim. First, victimized by the accident. Second, victimized by the insurance company.
If an insurance company attempts to have you sign documents or to accept an offer, do not commit to anything without talking to experienced personal injury lawyer Jason Waechter. He can advocate on your behalf with the insurance company and review any offers you might receive. He can also value your claim while understanding if the offer you receive fairly compensates you for ALL your losses.
The easiest way to start with your motorcycle accident claim is to reach out to Jason Waechter as soon as you’re medically capable of doing so—just call. Letting an experienced motorcycle accident attorney handle the process from the beginning prevents mistakes which could weaken your case and is usually faster. Your attorney deals with the paperwork and the insurance companies.
The best part of working with Jason is he works on a contingency basis. He does not charge a fee until you get a recovery. Jason, THE Motorcycle Lawyer, can be reached at (877)-Biker-Law.
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There’s really no average payout for a motorcycle accident injury. Payouts can vary widely.Much will depend on the extent of your injuries, your medical bills, and your attorney’s skill at handling the negotiating process. Majority of all motorcycle accidents settle out of court. Having an experienced negotiator at the table can make all the difference
Jason Waechter is an expert at achieving the maximum amount you deserve. While working closely as your advocate, he will provide thoughtful best-case analysis to support a maximum settlement amount on your behalf. We work on a contingency basis which means there is no fee until or unless we get you compensated. The contingency fee activates an automatic incentive-- the more we get you the bigger the fee to the firm. Call THE Motorcycle Lawyer today at (877)-Biker-Law to schedule a free consultation.
Here in Arizona, it’s common for cases to take 8 to 18 months depending if a lawsuit must be filed. We settle many cases without having to file a lawsuit which means you get your compensation sooner. However, we will not settle any case at any time in less the amount fairly and accurately compensates you for everything you’ve been through.
The amount of time it takes includes the time for you to heal enough for the extent of your medical bills to become obvious. It also includes all the time it takes to resolve the discovery process, as well as the time that it takes to work through settlement conferences. We will work diligently to get the settlement you deserve.
Arizona is an at fault state. Arizona’s law allows you to hold someone accountable when they cause you harm. You must take the necessary steps to build a strong case to prove liability and fault. There are numerous factors that impact your ability to obtain compensation, but these are some of the ways to prove someone else was responsible for your damages.
Show the other driver had a duty of care (Arizona law states that “a person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.”)
Prove the driver breached the duty of care (they put you at risk because of negligence)
Show the injuries resulted from the breach (causation is a vital part of a claim)
Show your physical and emotional damage from the crash, including medical expenses, loss of enjoyment in life, and pain and suffering (damages impact your compensation)
The more severe your losses, the more you must factor in to determine how much you may recover. While you may gather evidence that helps you build your case, it is not always easy to navigate the legal process without the help of professional representation.
Contact Jason Waechter at (877)-Biker-Law, THE Motorcycle Lawyer. With our affiliate vetted motorcycle lawyers, we can handle any motorcycle or wrongful death case anywhere in Arizona.
In Phoenix, Payson, Prescott or anywhere in Arizona, only riders under the age of 18 are required by law to wear a helmet. Even if you were not wearing a helmet, you still have the right to seek compensation for your injuries. However, the insurance company may try to reduce your compensation because you were not wearing a helmet.
Therefore, it is even more important that you have an experienced lawyer on your side.Call Jason Waechter today at (877)-Biker-Law to discuss your accident today.
Potholes, gravel, oil spills, and other foreign objects, can all cause a motorcycle accident, no matter how experienced the rider may be. If a road defect is the fault of the city, county, or state, you have a shorter period in which to file such a claim and certain other legal notices may be required. Therefore, it is crucial that you contact a specializing Arizona motorcycle accident lawyer. The vetted attorneys of our national firm with offices across Arizona handling the entire state— Flagstaff, Tempe, Yuma, Sedona and more. THE Motorcycle Lawyer has you covered (877)-Biker-Law.
The fact that you did not have a motorcycle license or endorsement at the time of your accident does not prevent you from making a claim. Insurance companies will make it difficult to file a claim citing your lack of a license as possible negligent. We have handled this issue many times and know how to respond.
Arizona issues a motorcycle license that does not expire until age 65. However, your photo and eye test will need to be updated every 12 years. Drivers aged 60 and older will receive a five-year license.
Temporary residents, such as out-of-state students and their family members or military personnel and their family members, may apply for a five-year license regardless of age.
Licenses are issued by "class": M for motorcycle, G for graduated, D for operator, and A, B, C for commercial. If the class M license is combined with any other class of license, it will be added as an "endorsement" on the back of the current license.
A Travel Motorcycle License is available in addition to the standard license.
Arizona law states that anyone operating a motorcycle is entitled to the use of the full lane, but that motorcyclists can’t overtake and pass in the same lane as another vehicle. Arizona law also specifically prohibits traveling between lanes of vehicles, or between adjacent rows of vehicles. In other words, is lane splitting in Arizona illegal? Yes.
This section also orders riders not to ride more than two abreast if there isn’t another lane, no matter how much space they actually take up. The only exceptions to these rules are for law enforcement in the performance of their duties.
Yes, you need a motorcycle endorsement in Arizona to operate a motorcycle or motor-driven cycle. You must be at least 16 years of age to apply for a motorcycle license or endorsement. An applicant for a motorcycle license or endorsement who is under 18 must have held an Arizona instruction permit for at least six months.
In 2015, lawmakers got rid of an antiquated and unenforced provision of law that requires motorcycles be equipped with handrails for passengers. And the same law finally makes the beloved “ape hangers” - those raised handlebars that are above the shoulders of the operators – legal.
Why Choose THE Motorcycle Lawyer as Your Phoenix Motorcycle Accident Lawyer?
Jason Waechter has significant experience and success in litigating motorcycle accident cases. We are a national firm with Affiliate Motorcycle Lawyers in every state. We have vetted offices across the state of in Arizona. See our ‘Why Us’ page on this website for details.
When you have been severely harmed in an accident that was not your fault, it can be a complicated process to ensure that you are awarded the compensation that you deserve and need to recover from your injuries. Call Jason at (877)-Biker-Law for a free case strategy session from an expert.
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Jason Waechter is equipped to handle all types of motorcycle accident claims ensuring that all of his clients are fairly compensated for their injuries and the damage done to their motorcycle. Our vetted specializing motorcycle accident law firms understand how to deal with the at-fault driver's insurance company with respect to injury and damage claims. We have seen countless times where an individual is taken advantage of by an insurance company because they just did not know the law what they might be entitled to.
We respect your devotion to riding the open road and he will not rest until you are fully and fairly compensated for your injuries. You may also be unable to work for an extended period, resulting in a significant loss of income. While he handles your case, you can be free to concentrate on healing from your injuries while we fight to ensure that you get the compensation you deserve. Jason can be reached at (877)-Biker-Law.
If you recently suffered any injuries or lost a family member due to a motorcycle accident that was another driver’s fault, is it worth hiring a motorcycle accident lawyer for your claim? Yes- absolutely.
A motorcycle accident lawyer can help you prove another motorist’s negligence and pave the way for pursuing compensation. If another driver’s recklessness caused you or your loved one’s accident, a motorcycle accident lawyer might be able to hold them to account for your financial losses, injuries, and emotional suffering.
A lawyer can protect your legal rights and defend your best interests at all times. Expenses from a motorcycle accident can be astronomical and include medical bills, loss of income, and other damages.
Hiring an attorney with a track record of dealing with motorcycle accident claims successfully in Phoenix, Payson, and Prescott can give you peace of mind and reassurance. While you’re free to heal from your injuries, your motorcycle accident attorney will work tirelessly to progress your claim.
The most common injury in a motorcycle accident includes:
Traumatic brain injury (TBI)
Spinal injuries
Whiplash
Lacerations
Broken ribs
Broken or amputated limbs
Internal bleeding
Organ damage
Facial disfigurement
Fractured Tibia/Fibula
If injured in a motorcycle accident in Arizona, you are most likely suffering financially as well. You are probably asking yourself, “Can I sue someone personally after a motorcycle accident?” The law states you have the right to sue the party responsible for the accident.
Lawsuits are filed against the individual negligent driver however is there insurance company that steps in and provides their defense with a lawyer and pays out bodily injury or wrongful death damages up to the policy limits their insured chose. In a handful of cases, we have obtained personal proceeds from an individual who is uninsured or personal proceeds over and above the policy limits because of certain facts.
In many cases, filing a lawsuit against the at-fault driver is your best option when receiving compensation for your injuries and losses. Know that filing a lawsuit is only the first step in the process. You must prove the other driver was negligent in some way and that negligence caused the accident and your subsequent damages.
Motorcycle accidents in Phoenix today occur on major highways, city streets, and rural roads alike. Often times, the reason for the motorcycle accident is because a defect in the roadway. In certain situations, the municipality, the city, county or state, responsible for the roadway, may be held liable.
Some roads have proven to be more dangerous than others. West Thomas Road, between the intersections of North 83rd Avenue and North 75th Avenue, has been a dangerous location for motorcyclists for years. In Chandler, West Elliot Road and West Warner Road can be dangerous to motorcyclists. In Glendale, Northern Avenue near the Interstate 17 onramp has proven to be hazardous as well.
With motorcycles sharing the road with other vehicles at high speeds, Phoenix area highways have proven to be dangerous for motorcyclists as well. North of Phoenix, Interstate 17 and the Agua Fria Freeway have seen fatal accidents. Route 101 and Highway 60, which run through Tempe and Mesa, have also seen a number of serious and sometimes fatal high-speed accidents involving motorcyclists.
If you or family member has been involved in a motorcycle accident involving a road defect or a construction road defect, you may have a case for injury or wrongful damages. Please contact the Law offices of, nationally known motorcycle lawyer, Jason Waechter at 877-Biker-Law.
A motorcycle accident in Arizona today can be the result of many causes. In recent years, the number of serious motorcycle accidents in Arizona has been increasing
Here are some important safety considerations to keep in mind before hitting the open road.
Motorcyclists are entitled to the full use of a lane and no person shall drive a motor vehicle in such a manner as to deprive a motorcyclist of the full use of a lane.
A motorcyclist must not use the same lane as a vehicle to pass the vehicle.
A motorcyclists must not ride more than two abreast.
A motorcyclist must not drive between two lanes of traffic heading in the same direction (“lane-splitting”).
Keep these important rules of the road in mind to keep you safe from negligent car and truck drivers. Should you have questions regarding Arizona motorcycle law, contact Jason Waechter at (877)-Biker-Law or fill out our short form on the Contact Us page.
So, anywhere in Arizona, just call (877)-Biker-Law we are a national firm with Affiliate Motorcycle Lawyers in every state. We have vetted offices in Arizona handling the entire state— From Yuma to Page; Lake mead to Douglas we have you covered. With specific offices in major cities like: Phoenix, Tucson, Scottsdale, Mesa, chanler and more.
The state of Arizona has not published its Motorcycle Accident Arizona 2021 report. However, here are some key statistics released from the 2020 Arizona Department of Transportation.
2,317 motorcycle accidents occurred
1,810 people sustained injuries and there were 161 fatalities
77.13% of all accidents occurred in an urban area
1,309 wrecks involved a collision with another vehicle
455 wrecks involved a collision with a fixed object
1,533 wrecks occurred during the day
532 accidents involved a rider exceeding the speed limit
Mesa is a city in Arizona that has a significant number of motorcycle accidents. One way to help protect yourself from the devastating effects of an accident is a motorcycle safety course. The state of Arizona conducts motorcycle safety classes on a regular basis. Information can be found on the Arizona Department of Transportation website. https://azdot.gov/adot-blog/get-motorcycle-safety-training-pros.
According to information obtained from the Department of Transportation Motorcycle Accident Death Arizona report in 2019, motorcycle accidents accounted for a mere 2.6% of all accidents. However, 85% of those motorcycle crashes involved some sort of injury or fatality.
The same report concludes if involved in a motorcycle accident, you are more likely for it to occur in an urban area (80%) than you are in a rural area (20%).
It is also worth noting the large majority of motorcycle crashes involve another motor vehicle during daylight hours on dry pavement conditions. In 47% of all motorcycle accidents, the motorcyclist was found to have done nothing contributing to the cause of the accident. It goes to show that even in the best conditions you must always be vigilant and wary of those with whom you share the road.
There was another motorcycle accident yesterday in Arizona and it made me think of some common good practices. I came up with this list of things a defense attorney may allege a motorcyclist should do each and every time you ride in Arizona.
- Be Aware of Your Surroundings - Most accidents occur while not paying attention.
- Wear a Helmet as is the law in Arizona for anyone under 18.
- Don’t Drink and Ride
- Follow Set Speed Limits
- Avoid Common hazards – Watch for gravel and left turning drivers
- Resist Lane Splitting
- Attend a Motorcycle Safety Class
- Wear the Right Riding Gear
- Avoid Bad Weather Conditions
Attorney Jason Waechter has a national firm with Affiliate Motorcycle Lawyers our Arizona vetted offices. Call 877-biker-Law or fill out the short form on our Contact Us page
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A motorcycle accident occurred in Arizona on Saturday at the intersection of Asher Hills Drive and Cave Creek Road at 7pm north of Phoenix at the time of writing this. One motorcyclist was killed and another critically injured.
First and foremost, we would like to offer sincere condolences to the motorcyclist killed and his family and our prayers for the recovery of the injured motorist. Unfortunately, this accident and countless others have now become part of the overall statistical body regarding motorcycle accidents. Every year in Arizona, there are more than 3,500 motorcycle crashes which leads to 3,000 injuries and 150+ deaths.
While more information must be obtained, it may-be possible to file wrongful injury and wrongful death cases on behalf of the victims. Although the loss of a loved cannot be replaced, the resulting financial settlement will make things easier for those left behind.
At the time of writing this blog entry, the latest motorcycle accident at the intersection of First Avenue and Alturas Street in Phoenix highlights the need to be completely aware of your surroundings at all times while riding because negligent drivers are everywhere. A motorcyclist was struck and killed by a Jeep whose driver failed to yield at a stop sign. The driver was arrested and charged with failing to yield, driving while impaired, and manslaughter.
We extend our heartful sympathy to the family of the motorcyclist.
In Arizona, failure to yield and impairment are factors in 53% of all motorcycle accidents and nationwide 42% of all motorcycle accidents fatalities are attributed to these very same causes. Hopefully, you are not in the practice of driving while impaired. Failure to yield is commonly the result of another motorist and occurs most often when a vehicle turns left in front of a motorcycle.
We earnestly hope that you are never involved in a motorcycle accident. Unfortunately, the world is not a perfect place and accidents are an everyday incident. Should you find yourself in this situation, reach out to Jason Waechter at (877)-Biker-Law for a free consultation. Vetted offices across Arizona.
The requirements for riding a motorcycle in Arizona are as follows:
- You must have a motorcycle license or a license with a motorcycle endorsement.
- You must be at least 16 years old, pass a written test, medical screening, and vision screening.
- If under the age of 18, a helmet is required for riding. You are also required to wear protective eyewear unless your motorcycle has a windshield.
- Your motorcycle must be equipped with a rearview mirror, a seat, headlamps, and footrests. If carrying a passenger, a seat and footrests are required for the passenger, as well.
- Motorcyclists are entitled to the full use of a traffic lane and shall not pass another driver occupying the same lane. Nor shall a motorcyclist drive between traffic lanes or between adjacent rows of traffic (lane splitting) or ride more than two abreast in a lane.
Arizona law requires the original manufacturer’s muffler be installed on a motorcycle. Noise reduction parts must be installed if the manufacturer’s muffler is missing. Use of cutoff or bypass pipes is prohibited.
The requirements for a motorcyclist and motorcycle to be street legal in Arizona are straight forward. Anyone below the age of 18 must wear a helmet and protective eyewear is required for the driver and passengers.
All motorcycles must have a rearview mirror, seats and footrests for the driver and passengers, and a headlamp. Cutoff pipes and exhaust bypass devices are prohibited. If the manufacturer’s original muffler is not installed, you must install noise reduction parts.
You must have a motorcycle license in Arizona to operate a motorcycle or motor-driven cycle. You must be at least 16 years of age to apply for a motorcycle license or endorsement. An applicant for a motorcycle license or endorsement who is under 18 must have held an Arizona instruction permit for at least six months.
In addition to all the state traffic laws, Arizona has a specific helmet law for motorcyclists. Arizona law states anyone younger than 18 years of age shall wear a helmet while on a motorcycle. It also requires that the motorcyclist wear glasses, goggles, or a transparent face shield while operating a motorcycle.
Arizona Motorcycle Laws 2021 are relatively straight-forward. However,
Should you find yourself in a situation requiring clarity about the law, Jason Waechter is an expert motorcycle law attorney having represented many motorcycle injury clients. You can reach Jason at (877)-Biker-Law.
It is recommended by numerous doctors and lawyers involved in our cases that motorcyclist should wear a helmet for safety purposes. From a legal standpoint, motorcycle helmet laws in Arizona only require those under 18 years of age to wear a helmet.
Riders can choose from several different helmet styles, including full-face, open face, and skull cap helmets. These helmets help protect a rider from head and facial trauma should an accident occur. They can also protect you from the sun, wind, bugs, and debris while you ride.
Arizona motorcycle laws 50cc are luckily limited in scope compared to a motorcycle with a 100cc engine or larger. Of course, like any other vehicle you are expected to heed all traffic laws and regulations. You do not need a motorcycle license or M endorsement on your driver’s license. Your current operator’s license will suffice. In addition, your moped or scooter must be insured and registered, and no title is all that is required.
The power requirements for a moped or scooter are very specific. The law states that your vehicle must by 50cc or less with a top speed of 25mph with a maximum horsepower of 1.5. Your moped or scooter cannot be operated in a bicycle lane or paths.
Driving without a motorcycle license in Arizona is illegal. You required to have a motorcycle license or endorsement to ride a motorcycle or a moped/scooter above a certain engine size. If law enforcement were to pull you over while riding without a license the fines can be hefty. Plus, in extreme cases it is treated as a misdemeanor in which you could server jail time.
If you were driving without a license and were in an accident caused by another driver, you still need to be prepared for their insurance company to try to pin some of the blame for the crash on you. They will likely use the fact that you were not licensed at the time of the crash against you. Insurance companies are for-profit, meaning they will do what they can to lower any settlement amount they eventually have to make. You may need to secure a knowledgeable and experienced motorcycle accident lawyer to help you through your case.
If you do not have a motorcycle license at the time of your accident, not to worry; we have dealt with this issue successfully many times. Call Jason Waechter for a free case strategy session at (877)-Biker-Law.
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Lane splitting is a term applied to motorcyclists that drive between two lanes of traffic heading in the same direction. A motorcyclist might lane split, for example, to bypass lanes of slowed traffic.
Arizona motorcycle law strictly prohibits lane splitting. The law states that no motorcyclist shall “overtake and pass in the same lane occupied by the vehicle overtaken.” It also prohibits operating a motorcycle between lanes of traffic or between two adjacent rows of vehicles. In other words, no motorcyclist shall use the same lane or space between lanes to pass other vehicles – no lane-splitting. The only time the state of Arizona permits motorcycle lane-splitting is if the motorcyclist is a police officer performing official duties.
Lane splitting in Arizona is not legal in Arizona as of 2021. Section 29-903 of the Arizona Revised Motorcycle Code states the following:
All motorcycles are entitled to the full use of a lane. A person shall not drive a motor vehicle in such a manner as to deprive any motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated two abreast in a single lane.
The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
A person shall not operate a motorcycle between the lanes of traffic or between adjacent rows of vehicles.
A person shall not operate a motorcycle more than two abreast in a single lane.
Subsections B and C do not apply to peace officers in the performance of their official duties.
Motorcycle Requirements
To be street legal in Arizona, there are three basic requirements for motorcycles, all-terrain vehicles, and driven cycles: a seat, footrests, and at least one rearview mirror. Passengers are also required to sit on a seat and have access to footrests.
Mufflers
There is a maximum noise level for motorcycle mufflers, but it is determined according to the model of the motorcycle and is measured 50ft from the center of a lane of the road. Speed is also taken into consideration, as is proper maintenance. In lieu of this consideration, cutoff and bypass devices are prohibited. If a motorcycle is not equipped with its original muffler from the manufacturer, noise reduction parts must be installed.
Motorcycle Passenger Seats
Any seat that another person could ride on must be firmly fastened and part of the bike’s design, located either behind the operator, or on his or her side. If there is no so such seat, such as on some motocross bikes and single seat motorcycles, multiple passengers are not permitted.
On state and federal lands, a spark arrestor is required (to prevent wildfires).
“Modulated headlights” are not prohibited.
Arizona does not prohibit radar detectors.
In-helmet headphones or speakers are not prohibited.
Turn signals, taillights, front and rear brakes, a horn, and two mirrors are listed as requirements in the study manual for the state’s licensing test. If turn signals are absent, hand signaling is mandatory.
In Arizona, motorcycle operators and riders under 18 must wear a helmet. Arizona law also requires all riders to wear protective eyewear such as, glasses, goggles, or a transparent face mask unless the motorcycle is equipped with a protective windshield.
Those over 18 years of age are not required to wear a helmet. However, protective eyewear still applies.
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Arizona motorcycle accident victims are fortunate that THE Motorcycle Lawyer sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in Arizona. Jason Waechter is nationally known as THE Motorcycle Lawyer sm
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Before heading out, you should be familiar with Arizona’s laws. Jason Waechter is nationally known as THE Motorcycle Lawyer sm and provides you with up to date information on Arizona’s motorcycle laws.
Arizona Motorcycle Helmet Law
Arizona’s warm weather, winding desert roads, and diverse scenery make it a perfect destination for motorcyclists. Arizona doesn’t require motorcyclists to wear helmets if you are over 18, but Arizona helmet law does require eye protection or a windshield. Below is a breakdown of the statute.
Arizona helmet laws require:
- Anyone under the age of 18 to wear a helmet while on a motorcycle.
- Motorcyclists to wear glasses, goggles, or a face shield unless the motorcycle has a protective windshield.
ARS 28-964(A) Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception
(A). An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.
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Penalties
Failure to wear a proper helmet for those under 18 years of age or those of any age who do not wear proper eye protection may face fines between $25 and $75. The fines increase with repeat offenses.
Arizona Motorcycle License Requirements
Arizona motorcycle law requires a class M license to operate motorcycles. If you never had an Arizona motorcycle license before then you need to complete a few simple steps to get your license.
To get an Arizona motorcycle license permit, you need to pass the Driver License written test along with the Motorcycle Operator test. Once you have your learner’s permit, then you need to take the Motorcycle Operator test to get your permit.
The basic requirements to get an Arizona motorcycle endorsement, you must:
- Be at least 16 years of age
- Have an instruction permit for at least six months if you are under the age of 18
- Complete the motorcycle driver education program or parent/guardian certify completed 30 hours of motorcycle riding practice
ARS 28-3101(A)(6). Class M.
(A)(6). A class M license is valid for operating a motorcycle, motor driven cycle or moped but is not necessary for operating an autocycle or a motorcycle that has at least three wheels and a three-point safety belt and bucket or bench seats and that is fully enclosed or uses a roll cage frame. For the purpose of licensing a driver, the department may endorse a class M license classification on a valid class A, B, C, D or G license.
If you already hold a valid motorcycle license or endorsement from another state, then you do not have to take Arizona’s written or road tests. Furthermore, if you are an out-of-state applicant that already holds a valid motorcycle endorsement or license, then you are exempt from Arizona’s driver education/driving practice and instruction permit requirements.
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Mandatory Insurance
Arizona requires all motor vehicles, including motorcycles, to have a minimum coverage of:
- $50,000 bodily injury liability for two people — $25,000 for one person
- $15,000 property damage liability
The above recently took effect on July 1, 2020. If your motorcycle is registered in the state of Arizona, then your motorcycle must be insured by a company licensed in the Arizona. Make sure you comply with Arizona’s insurance requirements to avoid any fines or penalties.
Penalties for No Insurance
The first offense is a fine of $500 along with the suspension of your driver’s license, registration, and license plate for three months. It costs $35 to reinstate your license.
The second offense is a fine of $750 along with the suspension of your driver’s license, registration, and license plate for six months. It costs $35 to reinstate your license.
Third and subsequent offenses are a fine of $1,000 along with the suspension of your driver’s license, registration, and license plate for one year. It costs $35 to reinstate your license.
Motorcycle Equipment Specifications
Arizona has specific motorcycle equipment specifications, which fall under noise law, passenger law, and headlamp requirements. Make sure your motorcycle is compliant with Arizona laws before you head out. Jason Waechter is nationally known as THE Motorcycle Lawyer sm and provides you with up to date information on Arizona’s motorcycle equipment requirements.
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Noise Laws
Arizona’s motorcycle noise laws are determined by the model of the motorcycle and are measured 50 feet from the center lane of the road.
ARS28-955.01. Motorcycles; noise level equipment; unauthorized equipment
A. A person shall not operate or as an owner permit the operation of a motorcycle in this state that is not equipped with the manufacturer's original muffler or other original noise reduction equipment or with a replacement muffler or replacement noise reduction equipment capable of reducing the noise levels below the maximum operating noise levels established by the department pursuant to section 28-955.02.
B. A person shall not use a muffler cutout, bypass or similar device on a motorcycle operated in this state.
Arizona noise law requires the original manufacturer's muffler to be installed on the motorcycle. If the original muffler is no longer installed or available, then noise reduction parts must be installed. Arizona does not allow bypass or cutoff devices.
Passenger Law
If you have a passenger riding on your motorcycle, then Arizona’s passenger law requires a seat and footrests for the passenger.
ARS 28-892. Riding on motorcycle or all-terrain vehicle
A. A person operating a motorcycle or all-terrain vehicle shall ride only on the permanent and regular seat attached to the motorcycle or all-terrain vehicle.
A person under the age of 18 cannot bring passengers on the motorcycle.
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Headlamps
Under Arizona law, motorcyclists are encouraged to use high beams during daylight hours to maximize visibility.
ARS 28-924.B Motor Vehicle Head Lamps
B. A motorcycle, an all-terrain vehicle and a motor driven cycle shall be equipped with at least one and not more than two head lamps that comply with the requirements and limitations of this article.
The modulating headlight used during the day is allowed only if the light modulates a minimum of 200 cycles per minute.
Other Equipment Requirements
While Arizona law requires only one brake, they encourage motorcyclists to have hand and foot brakes on the motorcycles.
When it comes to handlebars, Arizona motorcycle law requires that the handlebars are at shoulder height or below while you are sitting on the seat. Seats and footrests are required by Arizona law for motorcycle operators.
Motorcycle Moving Violations
Title 28 of the Arizona Revised Statutes provides motorcycle specific laws you are expected to follow while riding around the state.
Lane-Sharing Law
Arizona’s lane-sharing law provides the following:
- Up to two motorcycles can ride side-by-side in a single lane
- No lane splitting
- Motorcyclists can use the full lane
- Motorcyclists should not pass another vehicle while in the same lane of traffic
ARS 28-903. Operation of motorcycle on laned roadway; exceptions
A. All motorcycles are entitled to the full use of a lane. A person shall not drive a motor vehicle in such a manner as to deprive any motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated two abreast in a single lane.
B. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
C. A person shall not operate a motorcycle between the lanes of traffic or between adjacent rows of vehicles.
D. A person shall not operate a motorcycle more than two abreast in a single lane.
E. Subsections B and C do not apply to peace officers in the performance of their official duties.
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The Arizona Department of Transportation has the following points allocation for moving violations:
| Moving Violation |
Points |
| All other violations |
2 |
| Speeding |
3 |
|
Failure to stop for a traffic signal, stop sign or yield to right of way, causing serious injury
|
4 |
|
Failure to stop for a traffic signal, stop sign or yield to right of way, causing serious death
|
6 |
| Leaving the scene of an accident, hit-and-run |
6 |
| Aggressive Driving |
8 |
| Reckless Driving |
8 |
| Extreme DUI |
8 |
| DUI |
8 |
Speeding in Arizona — Civil or Criminal
Arizona breaks down speeding laws into civil or criminal. Criminal speeding carries harsher penalties, where civil speeding infractions generally carry fines.
Criminal speeding is considered any of the following:
Driving 36mph or faster when approaching a school crossing
Driving 45mph in an area with no posted speed limit
Exceeding posted speed limit by 21mph or more
Driving over 85mph in any location — even when the speed limit is 75mph
Criminal speeding is a class 3 misdemeanor. There may be secondary charges, such as reckless driving, which add up to a harsher penalty. Generally, criminal speeding carries the following penalties:
- Up to $500 in fines
- 30 days in jail
- 3 points on license
If you exceed 13 points in a 12-month period then your license will be suspended.
Civil traffic violations carry fines and fees ranging from $150 to $500.
ARS 28-701.02. Excessive speeds; classification
A. A person shall not:
1. Exceed thirty-five miles per hour approaching a school crossing.
2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.
3. Exceed eighty-five miles per hour in other locations.
B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.
C. A person charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.
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Reckless Driving
Reckless driving is considered operating a vehicle “in reckless disregard for the safety of persons or property.” The first offense carries a penalty of up to four months in jail and a maximum of $750 in fines.
However, vehicular homicide or manslaughter charges are possible if the speeding violation results in death.
ARS 28-693. Reckless driving; classification; license; surrender
A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.
B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.
C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.
Vehicular Homicide
Arizona doesn’t differentiate between vehicular manslaughter and manslaughter. A motorist who causes the death of another person in an accident can be prosecuted under Arizona’s general homicide laws. A fatal accident could carry a second-degree murder charge, manslaughter charge, or a negligent homicide charge depending on the surrounding circumstances.
Generally, the penalties for a driving-related homicide are:
Second-degree Murder — a class 1 felony.
- A Conviction carries 10 - 25 years in prison
- Fines up to $150,000
- If the victim was under 12 years of age, then the defendant could face up to life in prison
- If the victim was 12, 13, or 14 years old, then the defendant could face from 13 to 27 years in prison
Manslaughter — class 2 felony
- A conviction carries 3 - 12 years and six months in prison
- Fines up to $150,000
Negligent Homicide — class 4 felony
- A conviction carries 1 - 3 years and nine months in prison
- Fines up to $150,000
Keep in mind that other circumstances surrounding the driving-related homicide will affect the outcome. For example, a blood alcohol concentration (BAC) of .15% or above is an aggravating factor, which means the sentence could be on the upper end of the ranges listed above.
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If you or a loved one has been in an Arizona motorcycle accident we can help. Attorney Jason A. Waechter is nationally known. From handling many Arizona motorcycle cases for injured bikers and their families, we have specialized knowledge of the law and defenses that are unique to motorcycle cases.
“I Ride, I Get It,”
Riding has helped Waechter defend against the prejudice and finger-pointing bikers often endure after a crash. Attorney Jason Waechter literally “wrote the book.” He is the author of the nationally used textbook for lawyers — Litigating Motorcycle Injury & Wrongful Death Cases.
If you are injured in a motorcycle wreck, put a specializing team on your side.
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