The mere fact that you were injured in an accident isn’t enough to get you compensation from the driver. You have to prove that their negligence or recklessness caused the crash. Arizona is a fault-based state where insurance is concerned.  If the other driver is at fault, your first step should be to file a claim with their insurer. A lawsuit is a last resort. However, the driver is not automatically at fault. If the accident was caused by a malfunctioning stoplight, the city or the manufacturer should be held responsible.  Arizona bike accident lawyers will make sure they identify the liable party or parties correctly.

In personal injury cases, in order to prove that someone was negligent, you need to establish:

• Duty of care. The individual or entity must have owed you some duty of care. Drivers, for example, have a responsibility to obey traffic laws. They should take reasonable steps to ensure the safety of other road users. Manufacturers also have a duty to consumers to ensure their bicycles are safe.
• Breach of duty of care. Your attorney will investigate to determine if the party you believe is at fault breached their duty to you. In the case of a driver, this includes texting and driving, speeding, running a red light or otherwise driving recklessly. A city may also breach its duty if it fails to maintain a safe space for bicyclists.
• Causation.  You must be able to prove that the defendant’s breach of duty directly led to your accident. If a distracted driver crashed into you because their brakes failed, their distraction did not directly cause the accident.
• Damages. The final thing you must show is that you suffered real losses. These include medical expenses, lost wages, property damage, and mental anguish. Photos, bills, and a medical report can help you to prove you suffered damages.