Motorcyclists face heightened risk. A biker is nearly 25 times more likely to be catastrophically injured and killed in a crash than the occupants of a passenger car. A properly-fitting motorcycle helmet can go a long way toward reducing your risk. You may be wondering: Can you still bring a personal injury claim if you were not wearing a motorcycle helmet in Arizona? The short answer is “yes,”—but the insurance company could potentially use it against you in an effort to reduce your compensation. Here, our Gilbert motorcycle accident attorney highlights the key points to know about the claims process if you were not wearing a helmet in Arizona.
Background: You Should Always Wear a Motorcycle Helmet
To start, it is important to emphasize that every motorcyclist should wear a helmet. Helmets help to prevent traumatic brain injuries (TBIs) and even save lives. According to comprehensive data cited by the National Safety Council (NSC), “motorcycle helmets are estimated to be 37% effective in preventing fatal injuries to motorcycle operators and 41% effective for motorcycle passengers.”No matter the law, you should wear a helmet every time you ride.
Know the Law: No Motorcycle Helmet Required (18+) Riders in Arizona
Adult riders are not required by law to wear a motorcycle helmet in Arizona. However, younger motorcycle riders and motorcycle passengers are required by law to wear a DOT-approved motorcycle safety helmet whenever on public roads. Under Arizona law (A.R.S. § 28-964), helmets are mandatory for all motorcycle operators and passengers under the age of 18. With that being said, adults over 18 are not required to wear a helmet when riding a motorcycle. Nonetheless, it is highly recommended for all riders to use helmets.
Not Wearing a Helmet Could Still Potentially Adversely Affect Your Claim
If you are 18 years of age or older, you cannot be ticketed for failing to wear a motorcycle helmet in Arizona. As explained, even though it is a serious safety risk, it is not against state law for adults to ride without a helmet. However, not wearing a helmet could still adversely impact your motorcycle accident claim. Under Arizona law (A.R.S. § 12-2505), a pure comparative fault standard applies to personal injury claims, including motorcycle accident cases.
Under the law, each party to a crash can be held responsible for their share of the blame for causing a motorcycle accident injury. An insurance company may argue that your injuries were more severe due to your decision not to wear protective headgear. If that argument is successful, it can result in a reduction of the compensation you might receive, as your failure to wear a helmet could be deemed negligence. Protect yourself after an accident without a helmet: Get help from a top-rated Gilbert, AZ, motorcycle crash lawyer as soon as possible. Do not let the insurance company blame you unfairly.
We Help Motorcycle Accident Victims Fight for the Maximum Compensation
In Arizona, motorcycle accident victims have the right to pursue compensation for both economic losses and non-economic harm. Unfortunately, you cannot rely on any insurance company to look out for your best interests. Quite the contrary, insurers fight hard to pay out as little as they can in motorcycle accident injury claims. If a rider was not wearing a helmet, the insurer could even potentially use that fact to try to limit the total value of the claim. Our Gilbert motorcycle accident lawyers can help. We fight for the absolute maximum settlement or verdict for injured riders. Following a motorcycle crash, you may be entitled to recover compensation for:
- Motorcycle repairs;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Medical expenses;
- Physical therapy;
- Loss of wages;
- Loss of future earnings;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
Schedule a Free Case Review With Our Gilbert Motorcycle Crash Attorney
At Free Injury Legal Advice, our Gilbert, AZ, motorcycle accident lawyers go above and beyond to get justice for victims and their families. Do not take on the claims process all alone. We are by your side. Contact us now for a free consultation. With a legal office in Gilbert, we fight for the rights of motorcycle crash victims in Maricopa County and communities beyond.