You might be surprised that your electric scooter most likely has the same laws and rules as your typical bicycle. Electric scooters have recently become popular because they are low-carbon, cheap, and efficient means of transportation for commuters and joy seekers worldwide. But it has also created some issues including sidewalk congestion, traffic obstruction, and accidents. This has caused a need for States to implement laws and guidelines to enforce safety and responsible for scooter riders and the general public. However, we have already seen instances of law enforcement inappropriately citing people for riding their electric scooter on sidewalks here in Arizona.

Sidewalks – Riding a scooter on the sidewalk is banned in only 10 states.

Streets – Only Pennsylvania and Delaware actually ban scooters on streets. For riders in States who ban scooters from sidewalks and for those who are comfortable riding in the street, scooter riders can ride in bike lanes and shoulders but must adhere to the same rights and privileges of a person riding a bicycle.

Arizona – Arizona passed laws (SB 1398) for electric scooters in April 2019 at the state level. They are treated very similarly to bikes, and an “electric standup scooter” is defined as less than 75 lbs in weight and 20 mph in top speed.

This means they can be ridden wherever a bike can (including sidewalks and excluding high speed roads) and that they do not require registration or insurance.

A.R.S. § 28-819. Electric bicycles; electric standup scooters

A. An operator of an electric bicycle or an electric standup scooter is granted all the rights and privileges and is subject to all of the duties of a person riding a bicycle. Except as otherwise provided in this section or as otherwise regulated by a local authority, an electric bicycle or an electric standup scooter is subject to the same provisions of this title as a bicycle.

Arizona is therefore one of the states that specifically states with some limited exceptions that electric scooters and electric bicycles are subject to the same rules of the road as bicycles. And, of course by now you know that most of the rules of the road for bicycles are the exact same as for cars- again with some notable exceptions.

Hopefully you never need our services for a bicycle crash, or electric scooter crash, etc. However, we are here for you when you need us. Be safe, have fun, ride smart and ride hard!

Ben Dodge, Esq., Endurance/Ultra Cyclist

Co-authored by Kaci Brown, at Bike Accident Attorneys

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, Bicycle Lawyer — 2020 LOTOJA

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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.

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.

In the first week of February, 2021, a cyclist here in Arizona was riding his bike all alone and was pulled over by a cop for not wearing a mask. He was headed west on Allison Rd. It is a route he takes often as do many other cyclists. See the picture below for the exact location.

This part of Arizona is on a section of land that is an Indian Reservation. It was an Reservation Police Officer who stopped the cyclist for not wearing a mask while riding his bike. In case you are wondering, the cop wasn’t wearing a mask either when he stopped the cyclist nor during any of his interactions with the cyclist. This is a classic example of the bias cyclists face in our legal system. There were and still are dog walkers, joggers, and many more users of the exact roadway here that were not wearing a mask that day. And the cop wasn’t wearing a mask either. Total hypocrisy. And be careful- this blog is not an expression of my feelings towards wearing or not wearing masks; I’ll share those another time. This incident is example of the very bias we face as experienced bicycle lawyers who help cyclists. Almost every case we have had we have seen a version of bias against cyclists. This is yet the most recent cultural and political example: mask wearing coupled with law enforcement targeting a solo cyclist and not anyone else.

Fortunately, the cyclist was not issued a ticket or a citation, this time. The cyclist was totally social distancing and riding solo. Yet he was still intentionally stopped by a cop for not wearing a mask.

If you have also been stopped by a cop as a cyclist for mask requirements, COVID-19 issues, or anything else relating to the pandemic please reach out to me and we can discuss the legal issues and possible resolutions for you. For now, be safe out there. Be smart. Be respectful. But by all means BE YOU. Ride your bike, live your life, be healthy.

Ben Dodge, Esq., Endurance/Ultra Cyclist

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, Bicycle Lawyer

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.

Ever wonder what the process is for your personal injury case? Every want to know what the actual steps are to your personal injury case? Here is the basic outline of the process and steps to a personal injury case. These steps form a sort of case map and/or case timeline you can follow with your personal injury attorney. The first 7 steps are all about what happens up until a lawsuit is filed. Many cases are resolved before a law suit is filed.

1.  Consultation with an Experienced Personal Injury Attorney

a.   Call to set up a consultation with a reputable and experienced attorney. Our initial consultations are free of cost. Ben Dodge is a certified Master Advocate through the National Institute of Trial Attorneys. Having an experienced court room litigator answer your questions is always the best 1st step.

b.   In your consultation you should provide the attorney with all the facts of loss and provide any documentation you have available at that time. This may include medical bills, receipts, lost wages claim, and more.

c.    Do not speak with any insurance companies until meeting with your attorney. If you are needing to do so because you need to set up a rental car, etc., try to be as brief as possible on information you provide to them. They are trained to solicit answers from you to questions they ask that are only meant to help them.

2.  Property Damage

a.   Most attorneys do not fully handle the property damage portion as this is usually settled within 2 weeks depending on the circumstances. However, some firms will assist with this portion without additional fees.

b.   If you are claiming any additional property damaged be sure to take photos and provide receipts if possible.

3.  Medical Treatment

a.   If you are not already receiving medical treatment it is best that you find the medical provider that will best fit your needs. Beginning and fully completing medical treatment for your injuries will significantly make or break your case.

b.   Keeping up on your treatment and not having large gaps between treatment dates if not necessary.

c.   Keep your attorney/paralegal updated on all medical treatment and letting them know when you are released from treatment.

d.   Understanding that if you feel your injuries are not improving you can always get a second opinion or change providers.

e.   Always understand that your medical treatment is your choice, and you are responsible to voice any concerns you may have.

f.    Be sure you are providing your health insurance if discussed and if the provider accepts your insurance.  If your health insurance is billed there is a chance that there may be a lien for a portion, or all of the payments made.  This total is usually lower than the total cost of medical treatment. Your attorney/paralegal will confirm this with your health insurance. Medicare and Medicaid are automatically required to be reimbursed.

g.   Pay your patient portion of any bills during the case to keep them from going to collections.

h.    If a provider does not accept your insurance or for any reason you feel you do not want to use your health insurance, the provider may put your treatment on a lien.  If this is done, the lien must be honored from your settlement payment. This goes for any liens filed against your settlement.

4.  Developing Evidence

a.   Your Paralegal will be doing this from the time you sign the fee agreement with the firm.

b.   Collecting police report, video and photos, witness statements, accident reconstruction (if needed).

c.   Medical records, itemized billing, and paycheck stubs (if you have missed time from work for medical treatment).

d. Contacting and retaining the necessary expert witnesses to help prove our theory of liability. As your attorney we will assess your case and the probably need of litigation. And in more complex cases we will want to gather our expert witnesses early on so they can eventually help steer the litigation process. Expert witnesses will also read and evaluate the evidence we collect to help formulate their opinion.

5.  Demand Package (This will be done once all medical treatment has been completed)

a.   A demand letter outlining the facts of the case and explaining why the opposing party is liable.

b.   Medical records, itemized billing, police report, photos, and any other supporting documents will be included.

c.   A demand amount will also be listed as to what the attorney is valuing your case at and a starting point for negotiations.

d.   Once the demand package has been reviewed by the other side they will either: i. Accept the settlement offer ii. Respond with a counteroffer iii.   Decline the offer.

e.   Once an initial offer has been made the attorney/paralegal will follow up with you to discuss the offer and obtain your permission to either settle or respond with a counteroffer.

6.  Settlement

a.   Once an offer has been accepted the adjuster will send over a release form for the client to sign.

b.   Once the release has been signed you may not go after the defendant or insurance company for the same accident.

c.   The signed release will be returned, and the check will be issued to your attorney office at which time funds will be disbursed.

d.  Depending on the situation, after attorneys’ fees and costs, payments will be made accordingly.  If there are liens filed, they must be paid from the settlement and anything further is discussed if you would like them paid directly or if you would like to handle paying the remaining providers.

7.   UM/UIM/Medical Payments Coverage

  1. There are different types of coverages that may be used along with the third-party or in the case that there is not third-party coverage.
  2. Uninsured motorist would be used in the chance that the third-party does not have coverage or fled the scene and was unable to be contacted.  This is coverage that is added to your own policy and is not automatically added.
  3. Under-insured motorist would be used when the third-party’s limits are not adequate to cover your medical expenses.  This claim would be submitted once the third-party tenders their policy limits.  This coverage is also added to your own policy and is not automatically added.
  4. Medical Payments is another additional coverage that you can add to your policy.  This is something that we can submit for once we have billing that would equal the coverage available.

The above coverages are all optional and must be added upon your request.  some insurance companies may offer and require you to sign if you refuse the coverage to show that it was offered.

8.   File a Lawsuit

a.   Filing a lawsuit becomes necessary when the at fault party’s insurance refuses to pay, or offers something so low it can never fully compensate our client. Filing a law suit has some strict timelines. Every case is different, however in most cases not involving a government municipality the timeline is 2 years from the date of the accident to file a law suit.

b.   Cases involving governmental entities require a notice of claim to be filed at 6 months from the accident date. Then a lawsuit filing deadline of just 12 months from the accident date.

c.   After the suit is filed there is a lengthy period of time where “discovery” and “disclosure” occurs. This is where both sides request and show each other critical information regarding the facts and theories of liability, etc. of the case. Cases are often won and lost with how well this process is done.

d.   Next is depositions. Depositions are formal recorded and sworn testimonies under oath. They are often held at your attorney’s office or the offices of the defense lawyers. In a deposition you, the witnesses, and expert witnesses will all be asked questions under oath. These are used as a tool to nail down what testimony and what facts will be heard later at trial.

e.   At anytime in the case, but particularly after the depositions are conducted, the Motions of a case are presented. Motions are often used to get certain facts thrown out, or theories of liability established prior to the trial. Here a lawyer can get a certain part of a case, or even a party to the case dismissed. Using the evidence collected so far through discovery and the depositions you can ask the judge make some decisions early, even before the trial. You do all of this through the Motions. Common motions include a Motion for Summary Judgment, or a Motion to Dismiss, and so on.

f.   Settlement. At anytime a case can settle. Often after the discovery, or depositions, and the motions – a case may finally settle. If at any point both parties reach an agreement then they are free to settle. We have even seen this literally on the court house steps as a case is about to start a trial. We have also seen settlements happen during the middle of trials. Your lawyer should be good enough to always explore the maximum settlement opportunities for you at any given point in your case. Always weigh the settlement against the risk of trial.

g.   Trial. Finally, if no settlement could be reached then we go to trial! Trial is where we present your case to a jury for you. The defense also presents their case against you to the jury. Then the jury ultimately decides. It is always a gamble. It is a risk that should be carefully thought through with every settlement offer. Many lawyers are inappropriately afraid of courtroom litigation and trial. You should avoid such lawyers. The best of our profession are proudly litigators. We are attorneys who run towards a courtroom not away from it. While many cases don’t end up in trial we are confident that when we prepare for a trial we get the better settlements. Our clients always net more because of the hard work we put in and the reputation we have.

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

Ben Dodge, Esq., Endurance/Ultra Cyclist

Contributing Author for this article: Mandy Miller, @ Bike Accident Attorneys.

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, Bicycle Lawyer

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.

As a cyclist and bicycle crash lawyer, here are the best things you should do and know in case you are ever involved in a bike crash.

With what appears to be record numbers of bicycle crashes and more and more people riding bikes, it seems important to review what every cyclist should know from a legal perspective about hi/her bike crash. There are important things that can help preserve your rights and protect you in BOTH the immediate moments after your crash and the long ensuing court battles ahead.

1. DO call 911. Hopefully by now you know how valuable your cell phone can be when cycling. Its not just useful for cool aps such as Strava! Your cell phone is your best tool in your accident for many reasons, first and foremost it is important to immediately call 911 for any medical assistance needed. Call a relative and/or a close friend as well to come out and provide any assistance you may need, such as photographing the accident, collecting your bike, providing you a ride back home, meeting you at the hospital, etc. These calls provide a clear trail that documents your injuries and often ignites the police into action for police reports and investigations if necessary. Of course there is the ambulance issue as well. Calling 911 will trigger a response from medical providers at the scene. They will make sure to check out how injured you are and may even transport you to the nearest hospital. Many of my clients don’t like the ambulance and refuse their offer of transport. I know, I get it- cyclists are tough. We all know that soccer players pretend to be injured while cyclists pretend not to be injured. But in the case of a bike crash it is best to make sure you are not injured by the appropriate medical professionals. Allow yourself to be seen, treated, and transported if necessary. Worst case is they release you that same day form your local hospital. At least all of your future rides that you suffer on will not cause any question or concern whether the “pain” and “suffering” you feel are related to your bicycle crash or just simply due to your incredibly hard training efforts! Any insurance and medical bill concerns should come second to your priority of ensuring you’re injuries are taken care of.

2. DO Get Medical Help. Seek any necessary medical attention as soon as possible. When arriving home again after the accident you should make immediate appointments with any and all necessary medical professionals to begin treatment for your injuries sustained in the bicycle accident. Any delays in treatment will be negatively viewed by the insurance companies as simply not relating to your bicycle crash. Some common medical treatments will be chiropractic care, physical therapy, orthopedic care, and more. It is important to continue seeing these doctors until they officially release you form their care. Many of my clients have to be reminded to actually go to the doctor! They sit at home with broken bones and open wounds hoping time will make it all better. While I generally applaud this mentality in every other context, it makes your legal case hell. Insurance companies are looking for any reason NOT to pay you or to pay you as little as possible. Not seeing doctors or even completing their recommended treatment plans is a recipe for legal disaster when it comes time to argue your injuries. I wish it was more plain and simple, and that good old fashioned common sense was still a prevailing mindset. But it is isn’t, and your case will need a paper trail. Your doctor visits and treatments all make up the necessary paper trail.

3. DO take lots of photos. Again, your cell phone is an important tool. Use it to capture as many photos of the accident scene as possible. Try to capture the damage to the car, the bike, and of course to your person. Take photos of the streets, the lighting, the road conditions, and anything else that may look important. If you are too injured to take photos try and ask for help from a nearby witness, or anyone who is there and willing to do so. The more pictures taken the better. If at all possible, try not to move the bicycle or the vehicle until after a few photos are taken. Use your phone to take photos of the driver’s license and insurance card as well. If you are too hurt then hopefully a riding companion or a witness nearby can take these photos for you at your request. It is ok to ask for help in doing this.

4. DO collect the names and contact information for all witnesses. Don’t assume they will be easy to contact from a police report, or by finding them on Facebook. Take the time to get their current contact information so your attorney can contact them later. Ask them to stick around until the police arrive so they can make a statement for the official report. Take pictures of their contact info if that is faster, and of them if they permit it. Tracking down witnesses later is more difficult than you think. Collect as much info as possible so you or you bicycle attorney can find them later.

Bicycle Crash Lawyer Ben Dodge

5. DO get all of the contact information possible on the driver, including the make, model, color, and license plate number of the driver’s vehicle as well as all contact and insurance information for the driver. Use your cell phone to help collect this information and take photos of these important documents if you are able. As always, ask someone nearby to help and assist you in collecting this information if you are too injured to do so. If you are involved in a bike crash with NO driver- then collect as much info as possible for the bad road condition, debris, etc. as you can. It may be a construction issue and you can collect that construction company’s info, etc. Just collect all contact info you can. Later one it may prove to be much more difficult.

6. STAY OFF OF SOCIAL MEDIA. In our society social media seems to be the only way we connect or even communicate with some people. Don’t use ANY Social Media platforms to discuss the case. Don’t post about it or explain to anyone what you think happened, etc. Don’t post medical updates about your recovery, don’t post any physical activities you may or may not be doing. Stay off. Stay off. Stay off. Many of the large insurance companies have whole divisions of employees whose sole job is to scan and collect social media statements from the parties involved in accidents. They use this information to help support their positions. I have seen clients get tagged by their friends on Instagram and Face Book posts where weeks after their accident they were making a statement about how they feel a little better now. These statements are blown out of proportion and taken out of context to make it sound like no other medical treatment after such statement is even necessary. It gets crazy. Or worse, you say you’re hurt then a week later you pist a picture of yourself rock climbing, or at another bike race, etc. True story. Also- stay off strava, map my ride, my fitness pal, garmin connect, and all other platforms for tracking your rides. After your bike crash you should not be posting any rides until your doctor says you are cleared to ride again.

7. DO keep all of the GPS and Strava data from that ride. This information stored in your GPS devices (such as a Garmin, etc.) can provide helpful information about the events immediately prior to and during your bicycle accident. Many of these devices record helpful information about the % grade of the road, your speed, the time of day, the weather, and much more. This information can be helpful in establishing your own innocence in a bicycle accident, and can provide much needed details when fighting with an insurance company. Sometimes police officers wrongly issue citations to cyclists and these citations be better overturned when we have data to support our position.

8. DON’T discuss any aspect of the bicycle accident case with the driver. I wish I didn’t have to even discuss this topic, because moral decency integrity, and ethics seem to have faded away from many in our society. Nevertheless, as your lawyer it is better to err on the side of caution when you speak with the driver. Sometimes we inadvertently say sorry to the driver even though we cyclists aren’t at fault. It is human to be sorry that an crash happened, it shouldn’t mean you’re claiming responsibility. But in our day and age, that is what a jury thinks. These and other similar statements can and will be seized by the insurance companies and at fault drivers as some sort of confessional to liability. When the cops arrive and start taking statements the driver may inform the cop of your “sorry” statement and may begin to assume that you are at fault. It is certainly OK to listen to the driver go on and on about the accident, especially if he/she is admitting fault. But you should never say anything about the accident. Seriously, say nothing at all – don’t talk about how curvy the road was right there, or how crazy fast the light changed, etc. Say nothing. Just collect his/her info.

9. DON’T leave the scene of the accident until the police have told you that you are free to go. Unfortunately, leaving the scene of an accident is actually a criminal violation in many states. It is for sure in Arizona. Never leave until you have been told you are free to go. Additionally, you may be so nervous and anxious that you just want to get right on your bike in spite of the pain and the injuries you suffered and just quickly ride home (if the bike is still even somewhat functional). Such a decision is not only criminal but can actually reduce or hurt your bicycle accident claim in a serious manner as the insurance company may simply use it as evidence that you are not really injured. Many of us are pretty amped up after a bike wreck and the adrenaline alone can carry us home. Then a few days or hours later and we are in agonizing pain. Be smart and stick around until you are free to go and it is safe to do so. True story: A client of mine was hit and broke his leg in two places. He hopped up, limped to his bike and out of fear, confusion, and an overwhelming desire to get the heck out of there- he just pedaled away in agonizing pain. We settled that case, but it wasn’t easy when we were claiming how much it hurt and they kept saying it couldn’t have hurt that bad since he still rode his bike afterwards.

10. DO call an experienced bicycle accident attorney. Bicycle wrecks are unique. There isn’t a personal injury attorney on the planet who would turn your case down. Personal Injury lawyers are often like cockroaches- they’re everywhere. Every billboard, every t.v and radio commercial, every bus stop, sides of buses, just everywhere! But they don’t know a thing about cycling. They don’t know a thing about the bias and how to deal with it in our legal system. They don;t understand how your bicycle can be worth more than their receptionist’s car. And they just treat every personal injury case the same with a standard red car vs blue car scenario where the fastest settlement is what is best for them. Most lawyers are so scared of the court room they only take settlement offers. Many personal injury lawyers brag about how they can wear blue jeans and a t-shirt to work because all they do is make phone calls and write letters to get some stupid settlement offer out of the insurance company- then they sell that “offer” to you their client as the “best possible scenario give all the circumstances,” etc. It is all B.S.

That is not what you need. You need someone who knows the cycling community. Who knows your local cycling ordinances, statutes, and regulations. You need someone who actually rides bicycles. You need someone who actually goes to court and isn’t afraid to stick it to every idiot insurance company out there with a law suit. There is a very real bias out there that drivers feel towards cyclists. There is a belief that as cyclists we are somehow at fault for these “accidents.” As if we are “stupid enough” to ride on streets where cars also drive then we somehow deserve to get hit. This bias is not limited to just the drivers out there – I have seen it in police officers and insurance adjusters as well. Educating the police officers, the drivers, and the insurance companies on cyclists’ rights is the only way these cases end up receiving fair treatment. OFTEN that education comes via my lawsuit. I take them to court. I show them the laws and make the arguments necessary for my client’s success. An experienced bicycle accident lawyer will be able to help identify the key issues in a bike accident that lend to a stronger medical and financial recovery. No cyclist should have to settle for less just because when they were in an accident they were riding a bike and not driving a car.

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

Ben Dodge, Esq., Endurance/Ultra Cyclist

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, Bicycle Lawyer

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.

“Why can’t I just ride on the sidewalk and not even risk getting hit by a car?” great question. SO many reasons. Both the law and educated experience provide answers to this question. The data may not surprise you, but sidewalks suck and are much less safe than riding on the road.

Sidewalks Are Really SUCKWALKS

First, lets get a little story about sidewalks in. My 10 year old son is obsessed with roads right now. He loves the sound of the cracks as we drive over them, the overpasses and bridges, and the dedicated bike lanes we see all over our beautiful city. Almost every time I return from a ride he asks me what roads I went on. I tell him and then he gets frustrated and disappointed because it is “unfair” that I get to ride on the road and he has to ride on the sidewalk. He recently learned that term “this sucks”. He has now told me that sidewalks are really just “suck walks” because it sucks to ride on sidewalks. I busted up laughing at his newly coined word and how appropriate it really is in this context. He has no idea how right he is. I love it. I love everything about it. You’ll see him below when I took him out on a little field trip to teach him about bike lanes and sidewalks. He sat down in the bike lane (don’t worry, it was a little side street with no traffic whatsoever) and we just chatted all about the importance of bike lanes.

My 10yr Old Son & I On a Father-Son Field Trip to Discuss Bike Lanes

Why Does It Suck to Ride on a Sidewalk?

In a semi recent bicycle collision report published by the city of Phoenix in 2010, the conclusion was that approximately 70% of the bicycle collisions- the cyclist was riding on the sidewalk or had just left the sidewalk. It is legitimately more dangerous to ride on a sidewalk than on the street. For most motorists, the driveways or side streets with sidewalks on either side are points of entry or exits. In most cases the motorists is eagerly waiting for a break in traffic just to make the entry or exit that inevitably intersects the sidewalks. They don’t pay attention to pedestrians and cyclists on the sidewalk when they are looking for the momentary break in traffic. And when they finally see that break in traffic they almost floor it just to get in our out of where they are going.

That lack of attention from motorists is one major reason why it SUCKS to ride on sidewalks. But there are some legal issues here as well.

ARS 28-627 Grants Local Cities the Authority to Make Traffic Laws & It May Be Illegal in Your City!

While the State statutes do not address bicycles on sidewalks in Arizona, the local and individual cities can and often do enact their own rules for sidewalk riding. It can be legal or illegal depending on what city you are in or in some cases what part of a city you are in. For a more detailed article on this specific issue you can check our our other post: Is It Legal to Ride my Bike on the Sidewalk. The short answer is it can absolutely be illegal. For most cities however, they make an exception for smaller bicycles based on wheel size so as to not penalize children from riding on the sidewalk. Almost to encourage them to actually ride on the sidewalk instead of the road. Can you imagine little 4 year old Sally riding in the road? Probably not. I can’t either. Based on the speeds of most children and the fact they mostly ride in neighborhoods and not on busy commercial streets riddled with strip malls, sidewalks may be safer for them. I know I make my son ride on them when we ride together and we go much slower than when I roll with my racing team out in the roadways.

Sidewalk vs Bike Lane

Hands down there is a huge difference here. The bike lane is a dedicated part of the road way intended for use by bicycles. There are specific protections and traffic laws/rules relating to them intended to protect cyclists. If a cyclist was hit while legally riding in the bike lane his/her case of sharing some of the fault with the driver is much easier to win. However, when the cyclist is on the sidewalk the contributory negligence arguments get much harder to win. Often cyclists on sidewalks are riding against the flow of traffic. They often don’t have helmets. And they may be illegally on the sidewalk with an adult sized bike, or on a sidewalk where cycling is prohibited by local municipal code. Not to mention that sidewalks are shared by so many users and bike lanes are meant just for bicycles.

Final Conclusion: Avoid riding on a SUCKWALK.

Avoid riding on a suckwalk. They are far more dangerous, and present more tricky legal considerations that can harm your case. If you find yourself on a sidewalk be sure to monitor traffic from both directions as best as possible when you approach an intersection or driveway. Motorists seem to come from every angle and you don’t want to get hit. Sidewalks suck. They may be illegal and they definitely aren’t safe. Use the bike lane, or the shoulder, or even take the lane when you must.

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

Ben Dodge, Esq., Endurance/Ultra Cyclist

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, Bicycle Lawyer

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.

“Do I have to ride all the way to the right? What if there is no bike lane, or zero shoulder? Where in the road is it legal to ride my bike? Where is it illegal to ride?” I get asked these questions fairly often. The short answer is “it depends.”

Why is there so much confusion among police officers, motor vehicle drivers, insurance adjusters and even some cyclists when it comes down to this question? Simple, most people are confused because they either don’t know the law and how to apply it, and/or they are blinded by bias.

“GET OFF THE F*ing ROAD” he screamed…

True story: car drives by and buzzes a cyclist within an inch or two. Yelling and screaming gout the window to get off the f*ing road. Cyclist is nearly knocked of his bike in the process and run off the road in what certainly amounts to very dangerous conditions. All because this driver couldn’t wait to pass, or pass with 3 feet of clearance between himself and the cyclist.

This is not an unfamiliar story to many of us who ride. You each likely have dozens of these experiences yourself. No doubt we can all share story after story of reckless and angry drivers who place our lives in danger out of their own impatience.

This raises the major question of where exactly are we legally obligated to be and allowed to be? They are different. Lets look at Arizona bicycle laws. Arizona is where our Bike Accident Attorneys National Network is headquartered. Arizona bicycle laws and traffic laws are very similar to many other states:

Bicycles Can Use the Roadway

Arizona Revised Statutes 28-812 expressly grants cyclists the right to use the road when it states that a person riding a bicycle is “granted all of the rights and is subject to all of the duties” that apply to a driver of a vehicle. In its simplest intent this statute says bicycles can use the roads. The very same roads that cars use. It is from this statute that the conflict between cyclist and driver seems to be born, both having equal rights and duties on the roadways. Most states have a similar statute wherein cyclists are granted express permission to use the roadways as well as express duties that for the most part mirror that of drivers.

So why then do drivers get so mad at cyclists on the roadways? Good question. Too much to address here in this article, but my personal belief is our culture in America is so different towards cycling as a means of transportation that tend to view cyclists as annoying pests instead of equals. And that culture has a lot of contributing factors, from our impatience to the sheer number of people who commute via car rather than bike, etc. and so much more.

So Where On the Roadway MUST We Ride? To the Right?

In general, the law requires a cyclist who is riding “at less than the normal speed of traffic” to ride “as close as practicable to the right-hand curb or edge of the roadway” (ARS 28-815). This the Arizona law that many other states also have. Note that this only applies if the cyclist is riding at less than the normal speed of traffic. And even then the statute further specifies that it is “less than the normal speed of traffic at the time and place and under the conditions then existing.” One great example is a downhill descent. It is often much safer to take the lane when you can reach speeds comparable to that of traffic under the conditions, time, and place then existing.

Essentially, as cyclists we are REQUIRED to stay to the right. However, there are a list if exceptions: (ARS 28-815)

  • If passing another bicycle or vehicle going in the same direction as you on your bike
  • If prepping for a left turn into an intersection, private road, or driveway.
  • If reasonably necessary to avoid conditions like fixed or moving objects, parked cars, bicycles, pedestrians, animals, or other surface hazards.
  • If the lane you’re riding in is too narrow for a bicycle and vehicle to travel safely, side by side.

That last point is the one we must really clarify. When is it unsafe for a vehicle and a bicycle to ride side by side? Simple, in a state like Arizona where we have a 3 foot passing law (see ARS 28-735 and/or this article) then any lane where you can’t pass a cyclist with 3 feet then the cyclist can take the lane. Period. End of story. Or is it…?

The exception to the exception: if you are riding your bicycle slower than the normal flow of traffic on a 2 lane highway where passing is unsafe (i.e. curvy mountain roads, etc.), AND 5 or more vehicles are all waiting behind you; then you are now impeding traffic. You must pull over to let them pass you (ARS 28-704).

Final Conclusion: Ride to the Right or Take the Lane, Both Seem to Work!

Cyclists: At the end of the day you should ride to the right except when it isn’t safe or impracticable to do so. Then you should occupy the lane. When taking the lane just take the right 1/3 or 1/2. Proceed cautiously and take the lane after confirming it is safe to do so with any oncoming traffic, etc. Pay attention to curvy two lane highways or other roadways where due to the lack of a bike lane you end up causing 5 or more cars to stack up behind you. If that happens pull over and let them pass. Also be wise, be safe, don’t take the lane just because you think you can. ONLY take it when necessary for your safety.

Drivers: Be careful and cautious. The cyclists out there have the same right to use the roads that you do. Do not pass them unless you can do so with at least 3 feet of distance between you and the cyclist. At times you may see a cyclist out in the lane. This is normal. Most likely there is debris in the road that the cyclist can see more clearly than you. Avoid honking as you drive by as this can often cause a crash. Be wise, be patient and chill out. Stay off your phone and pay attention to your surroundings.

***

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

Ben Dodge, Esq., Endurance/Ultra Cyclist

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, Bicycle Lawyer

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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

Ben Dodge, NITA Advocate with Advanced Trial Skills Training

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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.

Yes cyclists have the right to be on the same roads as cars. Yes it is actually safer for cyclists to be on the road than on the sidewalks. So what about a cyclist coming to a red light and there is traffic stopped at a red light? Can the cyclist pull forward effectively passing the cars and positioning him/herself at the front of the line of stopped cars? Shakespeare once penned the lasting question of: “To be, or not to be: that is the question…” (Shakespeare, Hamlet Act III, Scene I).

Ben Dodge, Bicycle Lawyer, Race Across France

Now we adapt it “To Pull Forward OR Not to Pull Forward: that is The Question.” I am sure many of you cyclists have done this or are doing this pretty regularly. I am sure many of you drivers out there have seen cyclists sneak by you and move to the front of the line of cars while you’re stopped at the intersection. Is it legal?

The short answer is most states is NO. Cyclists may not do legally do this. One such example is here in Arizona: A.R.S.  28-812 specifically grants all of the rights and duties of drivers to cyclists while on the roadway. In other words, cyclists must follow and obey the rules of the roadway as a motor vehicle would also be obligated to. If you were in your car you wouldn’t try to maneuver it around the long line of cars just to get to the front of them while they are all stopped at the red light. Likewise a cyclist may not do that either. Instead the cyclist is obligated to pull behind the last car in his/her lane and wait for the light in turn like all the vehicles on the road. One obvious exception is when a cyclist is in a designated bike lane, then the cyclist may proceed forward.

Then why do so many cyclists just pull forward even though it is technically illegal? The answer is more simple than you might think. Although technically illegal, many cyclists feel it is much safer to pull forward around the cars and stop at the red light just in front of them so they can be certain the vehicles see them. Other cyclists do it because they mistakenly think it is legal. For most scenarios, it is actually a bit scary to stay in the lane of traffic at a red light, because as a cyclist you are not sure that the cars always see you in this spot as they are pulling up behind you. Also, it is actually much slower for the vehicles to have to navigate around the cyclists when they are in the lane of traffic stopped behind a line of cars when the light turns green. There have been many instances of cyclists getting side swiped by inattentive drivers in this exact scenario. When cyclists pull forward along the right hand side of the road and go to the front they can often ditch out to the side shoulder area in many intersections and be out of the way of vehicles all together.

Regardless of the reason it is technically not legal, and furthermore this sort of cycling behavior can unintentionally inflame the negative attitude of drivers towards cyclists. Unless there is a real blatant safety concern then cyclists must not pull forward around and ahead of stopped cars at a red light.

Let’s all be safe out there. Safety is everyone’s responsibility.

We are here for you. We got your back. We protect our own like you’re a member of our tribe.

Ben Dodge, Esq., Endurance/Ultra Cyclist

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 bicycle accident lawyer in Arizona, 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, Bicycle Lawyer

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 registered for a 2 man Race Across America (RAAM) team as well in 2019.

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. 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)
4824 E. Baseline Rd., Suite 124
Mesa, Arizona 85206

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

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.