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Hit By Car After Getting Off Motorcycle in Phoenix: Can I Sue?


— January 5, 2023

Once you get off your motorcycle and start walking along a highway, you are technically jaywalking – unless you walk on the left-hand side of the entire roadway (towards the flow of traffic).


Motorcycles follow almost exactly the same rules as other vehicles on the roads of Arizona. But what happens if you get off your motorcycle and start walking? Do these rules change? There are many reasons why someone might want to get out of their vehicle. Perhaps the motorcycle has broken down. Maybe you have just been involved in a minor fender bender, and you need to exchange insurance information with the other driver. Perhaps you are having some kind of medical emergency. But can you sue after being struck by a vehicle?

Man Hit After Getting Off Motorcycle

On December 8th of 2022, it was reported that a man had been struck and killed by a vehicle after disembarking from his motorcycle and walking along US-60 near Mesa. Police report that this individual had parked his motorcycle in the median before getting off and walking back along the HOV lane to retrieve something that he had dropped. It was at this moment that another vehicle approached and struck the victim, killing him. 

Is Getting Off Your Motorcycle Legal?

For all intents and purposes, a motorcycle is treated in exactly the same way as any other vehicle on the road. Parking on the median may be illegal, especially if you stop your vehicle in the center dividing median rather than the right-hand median. In most jurisdictions, it is illegal to park on the left-hand (center) median unless your vehicle is mechanically incapable of reaching the other side. Keep in mind that in the above accident, the motorcyclist parked on the center median.

Person riding a motorcycle; image by Akshay Bineesh, via Pexels.com.
Person riding a motorcycle; image by Akshay Bineesh, via Pexels.com.

Getting Off Your Motorcycle in the Middle of the Highway

Once you get off your motorcycle and start walking along a highway, you are technically jaywalking – unless you walk on the left-hand side of the entire roadway (towards the flow of traffic). Putting the law aside, disembarking from your vehicle is also incredibly dangerous. Most drivers choose to wait in their vehicles until emergency assistance arrives. However, this logic doesn’t always apply to motorcycles, as a stationary motorcyclist is arguably just as vulnerable as a pedestrian. It makes sense to get to a safe position off the highway as quickly as possible. Ideally, you should not be stopping for any reason on the highway. You may still be able to sue for injuries under Arizona’s comparative negligence laws. 

Where Can I Find a Qualified Motorcycle Accident Attorney in Arizona?

If you’ve been searching for qualified motorcycle accident lawyers in Phoenix, don’t fear: There are plenty of Arizona motorcycle accident lawyers ready and willing to assist you. With help from these motorcycle accident lawyers, you can strive for the best possible results in a confident, efficient manner. These accident lawyers can help you get the compensation you need and deserve to pay for medical expenses, missed wages, and much more. Book your consultation today to get started. 

Source:

  1. https://www.azfamily.com/2022/12/08/motorcyclist-dies-after-collision-us-60-mesa/

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