Posted On: February 27, 2010 by Breyer Law Offices

Phoenix Car Accidents with Bikers Are A Cause of Many Deaths in Arizona

Bikers are being killed in Phoenix car accidents far too often now. Based on the United States Department of Transportation (DOT) more than fifty percent of bike accidents occur on major roadways. Two percent of all traffic accidents and deaths involve bikers. To me, that is a pretty big number. Why do so many bikers get killed in car accidents?

Many people like to say it is because bikers do not wear helmets. The truth is that in my opinion it is because most motorists are ignorant of their obligations to cyclists. It probably is true that in Phoenix we have a lot more bikers for a lot longer period of time due to our nicer weather as well so we are likely to have more car accidents with bikers than other states.

Types of Car Accidents With Bikers

This is a common occurrence that we receive many calls on regarding Phoenix car accidents and bikers. The most common call we receive is where the driver of the motor vehicle is at an intersection and wants to turn right. The driver will look to the left to make sure no other cars are coming but will often forget to look to the right to see if a biker is coming across the cross walk in front of them. If a driver does not look back to the right and a biker is proceeding across the cross walk, when the driver turns right they crash into the biker. Most often times, it causes a very serious injury for the biker and the motorist indicates the biker came out of no where. Well, if you don't look to the right it will seem out of no where to you. This of course does not account for all car accidents with bikers. There are many different kinds.

Arizona Helmet Laws

Now in reference to the helmet laws in Arizona: Many people in Phoenix and the surrounding areas think that helmets are required when biking. Contrary to what most think, there is no law at all in Maricopa County that says a biker has to wear a helmet - this is true for cyclists and motorcycle riders.

The reports from the Bicycle Helmet Safety Instititute for Arizona areas, from Phoenix to Tucson, in certain areas, require children under 18 to wear helmets but there is no law at all that adults (anyone over 18) have to wear a helmet. In fact, there are very few cities across the United States that mandate that adults wear a helmet when biking or on a motorcycle. Of course, we encourage all cyclists and bikers to wear helmets but just want to point out that just because a biker does not wear a helmet does not mean his injury was his/her fault and that he/she cannot get compensated. Not wearing a helmet is what we call a defense argument. That is the defense attorney can argue that the biker would not have been hurt to the same degree had they been wearing their helmet. Often experts will be hired by both sides to prove/disprove what would have happened in terms of the cyclist's/biker's injuries had a helmet been worn at the time of the crash. This can get complicated but suffice to say if a helmet was not worn and there are serious injuries it does not mean that you do not have a claim. You still may well have a significant claim, it just depends on all the circumstances surrounding the accident and what the lawyer you hire can prove. That's why it is important to hire an attorney who specialized in injury and wrongful death.

Bike Accident Statistics

Based on reports from Phoenix Children's Hospital, more children die from bike accidents than from falls, guns, or poisoning combined. Head injuries are also a leading cause of serious injury in bike accidents. It is said that helmets can lower the risk of a brain injury by up to 85%.

Getting the Help of an Experienced Personal Injury Lawyer

If you or your children are ever involved in a car accident and were the biker, it is best to call an experienced Phoenix Personal Injury Attorney so that you can review all of your options and your best course of action. An experienced Arizona accident lawyer can make sure that a victim is not hurt twice by doing a thorough investigation. The best personal injury lawyers will offer a free consultation, will explain the law and your legal course of action, and will make you feel comfortable so that you can ask any and all questions that you have with reference to your injury claim.