Motorcycle Accident and Helmet Laws

September 3, 2021

Motorcycle Accident and Helmet Laws

Motorcycle Accident and Helmet Laws

Wearing a motorcycle helmet is the best way to prevent serious injuries if you’re ever involved in a motorcycle accident. But, not every motorcyclist in Arizona wears one, since the laws in Arizona don’t require motorcyclists to wear them.

A person under they age of 18 is required to wear a motorcycle helmet, but a person who is 18 years or older isn’t. This raises up the following question: Will not wearing a helmet affect your motorcycle accident case?

Arizona Stats About Motorcycle Accidents

According to the reports released by Arizona Department of Transportation, in the previous reporting year, there were about 2,300 motorcycle accidents across Arizona. The accidents caused almost 2.000 injuries as 160 fatalities.

When we look further into the data provided by the NHTSA, we also learn that 80% of all reported motorcycle accidents have resulted with a serious injury or death of the motorcyclist. But, wearing a helmet could minimize the risk of injury/death significantly.

According to the CDC, by wearing a motorcycle helmet can reduce the risk of motorcycle deaths by 37% and reduce the risk of head injuries by 69%.

Motorcycle Helmets in the Arizona Law

Arizona doesn’t have universal motorcycle helmet laws. This means that anyone older than 18 isn’t legally required to wear one, while they are riding or operating a motorcycle. On the other hand, every person who is under the age of 18 is legally required to wear a motorcycle helmet.

Motorcycle Helmet and Its Effect on Your Motorcycle Accident Case

If you get into a motorcycle accident without wearing a helmet, the at-fault party could use this against you by claiming that you failed to mitigate possible injuries by not wearing a helmet. There are US jurisdictions where this argument works, but not in Arizona.

The main reason for this is that in the state of Arizona, you’re not legally required to wear a helmet while riding or operating a motorcycle. This way the at-fault party cannot claim that you were negligent for not wearing one.

So, even in the event that the motorcycle accident causes severe brain or head injury to the motorcyclist, he/she could be eligible for compensation from the at-fault party even if the motorcyclist wasn’t wearing a helmet. The person responsible for the accident might claim that the head or brain injury wouldn’t be as severe if the motorcyclist wore a helmet, but that argument won’t matter. He/she will still be responsible for the compensation if his/her responsibility for the accident can be proved.

However, there is one scenario where the non-use argument could work in Arizona. In order for this argument to matter, the motorcyclist involved in the accident will have to be under the age of 18, since they are legally required to be wearing a motorcycle helmet in Arizona. And since they are required, but they didn’t wear it, this could be beneficial for the at-fault driver who could then place some of the blame for the injuries on the motorcyclist.

If you or your loved one were involved in a motorcycle accident in Arizona, you are entitle to receive compensation for the injuries or damages you sustained. Contact our experienced motorcycle accident lawyers and schedule a free consultation.