By Ben Dodge – Arizona Bicycle Trial Lawyer, Ultra-Endurance Cyclist, & Founder of Bike Accident Attorneys, PLC
#BikeAccidentAttorneys #BAA #ArizonaCyclists #CyclistLaw #KnowYourRights

Every cyclist in Arizona knows the feeling: you’re cruising along, enjoying the desert air, when suddenly your front wheel dives into a pothole the size of a Sonoran crater—or catches a raised slab of pavement—and in an instant, you’re airborne.

These crashes aren’t “accidents.” They’re preventable infrastructure failures. And in Arizona, where government entities often fail to prioritize safe cycling conditions, road defects lead to thousands of injuries each year.

As a cyclist who rides 10,000+ miles annually, has raced RAAM, Race Across France, and World Championships, and as an attorney who has won millions for injured cyclists, I know this issue from both sides of the handlebars. And I know how often riders are blamed for crashes the government caused.

Let’s break down the liability landscape.

1. Road Defects Are a Major Cause of Cyclist Injuries in Arizona

According to the Arizona Department of Transportation (ADOT), roadway surface conditions—such as cracks, depressions, and uneven pavement—contribute to a meaningful portion of “non-collision” bicycle crashes every year. Nationally, the DOT estimates over 17% of serious cyclist injuries involve surface irregularities such as potholes, raised asphalt, or dangerous transitions between shoulder and roadway.

In a state as hot as Arizona—where pavement expands, cracks, and buckles—road defects are not just common… they’re predictable.

2. Cyclists Have the Same Rights to Safe Roads as Drivers

Arizona Revised Statutes Protect Cyclists—Whether the Road Is Perfect or Not

Under A.R.S. § 28-812, bicyclists have all the rights and duties applicable to drivers of vehicles. That means:

• If the road must be maintained safe for cars,
• It must be maintained safe for bikes.

Government entities can’t shrug and say “roads are for cars.” Legally, they must maintain safe cycling conditions on:

• Roads
• Shoulders
• Bike lanes
• Multi-use paths

A.R.S. § 28-815(A) reinforces that cyclists may ride on the roadway or bicycle lane—meaning both spaces must be reasonably safe.

Road defects that would barely shake a car can send a cyclist to the trauma bay. That difference does not remove the government’s duty of care.

3. When Is a Government Entity Liable for a Road Defect?

Under A.R.S. § 12-820.01 and § 12-821.01, government entities have qualified immunity—but not total immunity. They are liable when:

✔ They had notice of the defect

• Actual notice (reports from prior incidents, city maintenance logs)
• Constructive notice (defect existed long enough that they should have known)

✔ They failed to repair the defect within a reasonable time

A pothole sitting untouched for months?
A raised concrete slab ignored for years?
Shoulder deterioration left unrepaired season after season?

That’s liability.

✔ The defect created an unreasonable hazard

For cyclists, even a 1–2 inch pavement lip can be deadly. Arizona courts have recognized that “reasonableness” depends on the road user affected—not just cars.

✔ Their negligence caused the cyclist’s injury

If the defect made you crash, and the city, county, or state failed its duty, they are responsible for your injuries.

4. The Arizona Bicycle Case Law: Cyclists Are Not Second-Class Road Users

Arizona courts have repeatedly emphasized that:

• Cyclists are lawful and expected users of the road.
• Municipalities have a duty to maintain roads safe for all foreseeable users—including those on bicycles.

Past Arizona appellate decisions on roadway design and maintenance show that immunity does not protect a city when its failure to maintain infrastructure leads to injury.

Cases involving motorcycle crashes on similar road defects have also been used to strengthen cyclist arguments, showing that smaller vehicles deserve tailored road safety considerations.

5. The Government Will Try to Blame the Cyclist—Every Time

In nearly every defect case I’ve litigated, the government entity tries to argue:

• “The cyclist should have seen the pothole.”
• “The cyclist should have slowed down.”
• “The cyclist was riding too far to the right.”
• “The cyclist assumed the risk.”

These arguments are garbage—and legally weak.

Why?

Because A.R.S. § 28-815(A) requires cyclists to ride as far right as practicable—
BUT
the statute explicitly makes exceptions when:

• The road is unsafe
• There are hazards
• The lane is too narrow
• Surface conditions prevent safe travel

Cyclists are not required to dodge potholes by riding into traffic.

This is where having a real cyclist as your lawyer matters. When I ride the crash site, I see what your handlebars saw. The government’s excuses rarely survive real scrutiny.

6. How to Preserve a Road-Defect Bicycle Injury Claim

If a road defect caused your crash, timing matters.

1. Photograph the defect immediately

Potholes get repaired quickly—especially after a claim is filed.

2. Measure the defect

Depth, width, height, angles—these details are critical.

3. Obtain maintenance and complaint records

Cities keep logs. These logs reveal notice.

4. File the Notice of Claim

Under A.R.S. § 12-821.01, you only have 180 days to file a Notice of Claim against a public entity.

Miss this deadline and your case is dead.
This is why most cyclists lose defect cases—because firms who don’t specialize in cyclist law miss the nuance and the deadlines.

At Bike Accident Attorneys, PLC, we do not miss.

7. Why These Cases Are Hard—and Why I Still Win Them

Government liability for road defects is a specialized field. Other firms avoid these cases because:

• They are expensive to investigate
• They require expert witnesses
• Government entities fight aggressively
• Immunity statutes are complex
• Lawyers who don’t ride simply don’t understand the roadway dynamics

I don’t shy away from these cases.

Why?

Because I’m a cyclist first.
A trial lawyer second.
And I refuse to let Arizona’s cyclists suffer from poor infrastructure and biased assumptions from law enforcement, risk managers, and city attorneys.

I’ve taken cases other firms gave up on—and secured six- and seven-figure results.

Cyclists in Arizona deserve someone who actually understands what it feels like to hit a pothole at 25 mph. Not some desk-jockey lawyer who’s never clipped into a pedal.

Final Thoughts: Road Defects Are Preventable. Cycling Injuries Are Not Inevitable.

When the government fails to maintain its roads, it fails cyclists.

And when that failure causes a crash, they are legally and morally responsible.

If you or a fellow cyclist has been injured due to a pothole, crack, raised asphalt, or other road defect, don’t wait. These claims die quickly if not handled correctly.

This is the work I love. This is the work I am built for.
Helping Arizona cyclists get justice is not just my job—
it’s my passion and my purpose.

#BikeAccidentAttorneys #BAA #ArizonaCyclist #CyclistInjuryLaw #ArizonaBikeLaw #CyclistRights #RoadDefectInjury #PotholeCrash #AZTrialLawyer #CyclingSafety #BenDodge #SavageTrialAttorneys #WeRideWeFight #ArizonaInfrastructureFailure #BikeLaw

Ben Dodge, Esq., Ultra Endurance Cyclist

I hope you always enjoy the ride! Hopefully you’ll never need us, but if you are ever involved in a wreck—we are here for you. My practice is exclusively for cyclists. I manage a national network of cycling attorneys who represent cyclists in every state. I ride. I race. I advocate. I choose to live and ride. #mylawyerdoesntsuck #arizonabicyclelawyer #bicyclelawyer #BAA

Bicycle crash and bicycle accident lawyer Ben Dodge

A bicycle crash is not always an accident. If you, or someone you know has been injured in a bicycle crash or accident caused by a road hazard or dangerous road condition, hire a personal injury attorney who is experienced and has a successful track record. Ben Dodge, a licensed Arizona bicycle accident lawyer, has dedicated his entire firm to one purpose: representing cyclists. Bicycle accident cases are the only cases Bike Accident Attorneys, PLC handles. Home based out of the great state of Arizona, Ben can still help cyclists in the entire United States. Ben also founded Bike Accident Attorneys Network, a national network of attorneys who focus on representing cyclists. He can find you help anywhere in the country.

Ben Dodge has represented and assisted bicycle accident victims across the entire United States. As an avid and competitive cyclist himself, Mr. Dodge currently participates in national and local cycling events all over the world. It isn’t uncommon to spot him in early morning hours out riding his bike. Having competed in 8 Ironman triathlons, numerous local and national cycling races, and a successful finish in the Race Across the West 2016, he really knows what it’s like to ride and race a bike. Ben competed in the first ever Race Across France – 2018. This was a non stop 1500+ mile race across the entire country of France. He and his teammate finished 3rd. He is finished second place in the 2 man Race Across America (RAAM) team in 2019. Finished 8 person RAAM team in 2021. Finished in 2nd place for 4 man RAAM team in 2023. Ben has also represented the USA competing in multiple World Championships in Bosnia, France, and Turkey.

The day he fell in love with his job was the day he devoted himself completely to bicycle accident cases. Ben represents cyclists injured in bicycle accidents, at the police station, with insurance companies, and in the courts. He advocates for the rights of all cyclists, not just his clients. He teaches police about bike laws and bike safety, he educates drivers about the rules of the road, and he trains cyclists and clubs to ride more safely.

A consultation with experienced Arizona bicycle accident attorney Ben Dodge is free.

In recent years there has been approximately 700 bicycle fatalities in the United States every single year. Approximately 2,000 bicycle accidents are reported in Arizona every year. Approximately 30 fatal bicycle accidents are reported in Arizona every year. Bicycle fatalities are terrible and horrific tragedies that affect the lives of too many families and friends to count. Understanding your rights and obligations as a cyclist can bring clarity to your specific accident situation. It will always be in your best interest to be represented by an attorney who knows the bicycle laws and has a successful track record of winning bicycle accident cases. The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your bicycle accident case. Ben is certified through the National Institute of Trial Advocacy (NITA) as having completed extensive litigation courses and has demonstrated these skills over and over again. Most lawyers are pencil pushers and shouldn’t be in a court room… not Ben Dodge. He is a gifted and aggressive litigator. It is wise to be represented by someone well versed in bicycle accident law, local and state bicycle ordinances, rules, regulations, policies, and laws. You should hire someone very familiar with negligence and tort law, civil procedure, and the rules of evidence as they all relate specifically to bicycle accident cases.

Ben Dodge always offers a complimentary in person consultation to all local cyclists and a complimentary phone consultation to any cyclist injured in a bike accident. Typically the consultations are schedule from 30-60 minutes depending on the severity of the accident. You can expect to get answers to questions, clarity, information, and reassurance of your personal bike accident liability and potential for recovery. In your free consultation you can generally expect to discuss such topics as:

• Your specific bike accident details, diagrams, and pictures from
  your perspective and then from the perspective of your bike accident
  attorney.
• The applicable local, state, and federal laws underlying your case.
• Your rights as a cyclist, obligations, and any potential liability.
• The process, procedure (in and out of court), and the time frame required to conclude your case.
• The value of your case and what you might expect as compensation.

You can call Arizona bicycle lawyer Ben Dodge of Bike Accident Attorneys, PLC at 1.855.663.3922. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Ben will personally return your call within 24 hours. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in representing cyclists and his entire office stands ready to serve with kindness and patience.

Bike Accident Attorneys, PLC

Call Ben Dodge, the Bicycle Lawyer today at 1.855.663.3922. Reach him by fax at 1.800.958.8902.

Mr. Dodge can also be reached by email at ben@bikeaccidentattorneys.com

His main Arizona offices are located at:

Mesa Arizona (home base office)
7227 E. Baseline Rd., Suite 109
Mesa, Arizona 85209

Mr. Dodge represents cyclists in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is currently involved with bicycle accident cases all over the country and has founded BikeAccidentAttorneys.com a National Network of independent and incredible bicycle lawyers that can assist in representation in all 50 states.