E-bikes are everywhere now for delivery services like Grubhub Phoenix, and that’s creating new legal headaches around wildlife accidents in our desert field. A big change is coming to Arizona Revised Statutes (A.R.S.) Section 28-819 on January 1, 2026, which totally rewrites the liability rules for commercial e-bike operators who hit an animal. This new law forces gig workers and the companies they ride for to rethink everything from daily routes to insurance policies, creating new protections for riders and making the platforms that employ them more accountable.
Key Takeaways
- Starting Jan 1, 2026, the updated A.R.S. Section 28-819 changes liability for e-bike wildlife accidents, putting more responsibility on employers.
- If you ride an e-bike for work (like for Grubhub in Phoenix), you’ll have to pass a wildlife awareness course from the Arizona Game and Fish Department to keep your permit.
- Companies using e-bike riders must now carry a special insurance policy for wildlife accidents, which is separate from their other policies.
- If you hit an animal, you have to call the police right away and follow specific new rules for gathering evidence at the scene.
Understanding the Amended A.R.S. Section 28-819
The state legislature finally took action on the rise of e-bike accidents with desert wildlife, amending A.R.S. Section 28-819. That statute used to be just about general bike safety. Now, the revision coming in 2026 adds a whole new category for “commercial electric bicycle operators”, meaning anyone riding an e-bike for pay, like for food delivery. That new definition is what creates totally different duties and liabilities than what a recreational rider has. After passing in late 2025, the law takes effect January 1, 2026, and if you’re a rider or an employer, you really need to read the full text on the Arizona State Legislature’s website. Don’t skip it.
The biggest change is a new “duty of reasonable care” that commercial e-bike operators must use to avoid hitting wildlife. This is especially true in those common Phoenix urban-desert zones, think near South Mountain Park Preserve or along the Salt River. This duty means you have to do more than just follow traffic signs. You’re expected to be actively looking for animals. If you don’t, you could face bigger penalties, and in a lawsuit, the burden of proof could flip onto you. Imagine a Grubhub Phoenix driver hitting a javelina on a bike path near Papago Park, the first thing an investigation will look at is whether they were following this new, heightened standard of care.
Who Is Affected by the New Regulations?
So who gets hit by this new law? First, the commercial e-bike operators themselves, anyone riding for Grubhub, DoorDash, Uber Eats, and the like. They’re the ones who have to get the new training and deal with the new liability rules. Then you have the companies employing or contracting these drivers, who are facing a ton of new responsibilities. They have to make sure their riders are certified, maybe rewrite their contractor agreements, and most importantly, get the right insurance for these wildlife accidents. Even the public is affected, mostly for the better with safer bike paths, although some property owners near wildlife zones might find their own liability changing if their land is considered a hazard.
Hit while cycling?
Most cyclists accept the first offer, which is typically 50–70% less than what they actually deserve.
Let’s say a delivery rider is zipping through Scottsdale late at night and hits a coyote. Before, that rider was mostly on their own. They’d have to hope their own (often non-existent) commercial insurance would cover it, which it rarely did for wildlife collisions. But the new A.R.S. Section 28-819 adds a layer of employer responsibility. This is a huge change, because it means platforms like Grubhub now have direct skin in the game, both legally and financially. They could be on the hook if they didn’t check that their rider had the required training, or if their app pushes drivers into risky situations with crazy delivery times through areas known for wildlife. This shift finally acknowledges how the gig economy actually works and tries to spread the responsibility out more fairly.
Mandatory Training and Certification for E-Bike Operators
The new A.R.S. Section 28-819 is built around mandatory wildlife awareness training. Every single commercial e-bike operator in Arizona has to pass a course approved by the Arizona Game and Fish Department (AZGFD). You can do it online or go to an AZGFD facility (like the Mesa office) in person. The course teaches you to spot common desert animals, know their behavior, and use strategies to avoid hitting them. The topics get specific, covering things like what wildlife crossing signs actually mean, why you need to slow down in certain habitats, and how to brake properly on an e-bike when an animal jumps out. Once you get the certification, it’s good for two years, then you have to renew it.
If you don’t have a current AZGFD wildlife awareness certification, the penalties are steep. A commercial operator can get hit with a $500 fine for the first offense and could even have their operating permit suspended. Worse, if you get into a wildlife collision, not having that certificate will be used as evidence of negligence against you, which can absolutely destroy your chances in a personal injury or property damage claim. Delivery platforms like Grubhub are now on the hook to verify this certification for every rider in Arizona. I’ve personally seen how an expired cert can tank a perfectly good case, it’s a small detail that can have huge consequences.
Employer Responsibilities and Insurance Requirements
The law for companies using commercial e-bike operators has completely changed. Under the amended A.R.S. Section 28-819, any company using these riders has to provide specific accident insurance coverage for wildlife incidents. This can’t just be tacked onto a general liability policy. The statute is very clear: the coverage has to provide for the operator’s medical bills and damage to the e-bike, as well as any liability for harm to other people or property. The law sets minimums, too: $50,000 for medical, $10,000 for property damage, and $100,000 for third-party liability per incident. You can find these minimums in the updated guidelines from the Arizona Department of Insurance and Financial Institutions.
This rule forces the financial risk off the individual riders and onto the big companies making money from their labor. If a company doesn’t provide this insurance, it can face huge state fines and get sued directly for damages. Let’s say a Grubhub driver in Phoenix, while delivering an order, crashes trying to dodge a roadrunner, gets hurt, and wrecks their e-bike. Now, Grubhub’s mandated insurance policy is supposed to be the first place to turn for compensation. This is a world away from the old system where the driver was left holding the bag. It’s about making gig economy platforms more accountable, a change that many of us in the legal field have been pushing for.
Steps to Take After a Wildlife Accident
If you’re a commercial e-bike rider in Arizona and you hit an animal, A.R.S. Section 28-819 requires you to take specific steps. First, get yourself and anyone else to safety, away from traffic if you can. Second, you absolutely must immediately report the incident to local law enforcement. If you’re in Phoenix, that means calling the police non-emergency line at 602-262-6151. Even if the animal runs off, don’t leave the scene until you’ve made that report. The law now treats these like any other traffic accident.
Third, document the scene like your case depends on it, because it does. Take pictures of everything: the location, your bike, your injuries, and even the animal if you can do it safely. Get the exact time, note the location, and grab contact info from anyone who saw what happened. Jot down details about your delivery route, the lighting, and road conditions. This evidence is what you’ll use for your insurance claim and any legal action. Fourth, get checked out by a doctor right away, even for minor scrapes. A medical record from a place like Banner University Medical Center Phoenix provides essential proof. Lastly, call your employer or platform to report the crash and get the insurance claim started. Following these steps is your best shot to recover damages and stay out of legal trouble.
Working through Liability and Compensation Claims
Figuring out who pays after a wildlife accident on an e-bike is a lot more complicated now. Under the amended A.R.S. Section 28-819, your compensation and liability will depend heavily on two things: did you follow the new “duty of care,” and did your employer get the required insurance? If you have your AZGFD training certification and can show you were riding carefully, you’ll have a much stronger claim for your medical bills and bike repairs under your employer’s policy. But if you skipped the training or were riding recklessly (say, speeding through a known wildlife area), your claim could be reduced or even denied, and you could be on the hook personally.
Think about a Grubhub driver who hits a deer near McDowell Mountain Regional Park. If they have their certification and were riding safely, Grubhub’s wildlife accident policy should cover their medical bills and bike repairs. But what if that same driver was clocked doing 30 in a 15 mph zone? Now their claim is in jeopardy and their payout could be slashed. You have to document everything, report the accident immediately, and understand this new law. It’s all about making sure you can secure the compensation the law says you’re entitled to get.
These 2026 changes to A.R.S. Section 28-819 are a huge deal for commercial e-bike services in Arizona, especially for outfits like Grubhub Phoenix. Following the new training and insurance rules isn’t a suggestion, it’s mandatory for riders and their employers to manage risk and have a clear path for compensation after a wildlife accident. Getting a handle on these changes now is the only way to avoid major legal and financial problems down the road.
What specific Arizona statute governs e-bike wildlife accidents?
For commercial operators, it’s the amended Arizona Revised Statutes (A.R.S.) Section 28-819, which takes effect on January 1, 2026.
Do Grubhub Phoenix drivers need special training for wildlife encounters?
Yes. Any commercial e-bike operator in Arizona, which includes Grubhub drivers, must pass a wildlife awareness course that’s been approved by the Arizona Game and Fish Department.
What kind of insurance do employers need to provide for e-bike wildlife accidents?
They need to provide a specific policy that covers the operator’s medical bills, e-bike damage, and third-party liability in wildlife-related crashes, and it has to meet the minimum coverage amounts set by law.
What should an e-bike operator do immediately after a wildlife collision in Arizona?
First, get to a safe spot. Then, you must report the crash to local police, take photos to document the scene, get witness info, and see a doctor for any injuries.
Can an e-bike operator be held personally liable for a wildlife accident?
Yes, absolutely. You could be held personally liable if you didn’t get the required training or if you were riding recklessly (for example, speeding through an area known for wildlife), which would also hurt your own compensation claim.