Arizona is well-known as a perfect place where you can enjoy your summer vacation. People enjoy letting their hair down and enjoy the pleasant weather. One way people do this is by getting on their motorcycles and taking a ride down the highway. However, without taking the necessary precautions, it can be also quite dangerous. Today we will be discussing motorcycle helmet laws in Arizona.
Even if every motorcyclist takes all the necessary precautions before driving out to the highway, that is still no guarantee that the motorcycle won’t be involved in an accident. But, the severity of injuries you can sustain, can be somewhat minimized if you, for example, wear a motorcycle helmet.
According to the DOT, motorcycle helmets save roughly 1,860 lives each year. Furthermore 23.3% of motorcyclists in Arizona, that wore their helmets were severely or fatally injured. But over 36% of the motorcyclist that weren’t wearing their helmets were severely or fatally injured.
Why should you wear a motorcycle accident in Arizona?
Many motorcyclists believe that wearing a helmet is obstructive. It creates blind spots; you constantly need to use your mirrors in order to have a clear view of your surroundings. It is also believed that while motorcycle helmets can minimize injuries if you ever get into an accident, they also limit your visibility and this, increasing the chance of you getting into a motorcycle accident. So, in essence, you’re trading one risk for the other.
Despite all these (and other) arguments against wearing a motorcycle helmet, the facts are that using helmets can reduce the chance of sustaining severe ir even fatal injuries if you get into a motorcycle accident.
Motorcycle Helmet Laws in Arizona
Arizona Motorcycle Helmet Laws, clearly state that every one under the age of 18 is legally required to wear a helmet when riding their motorcycle. This so covered in Arizona Revised Statute Title 28.
Now these motorcycle helmet laws are focused on those younger than 18 and cannot mandate that anyone who is older, to be wearing a motorcycle helmet. However, this statute also requires that all motorcyclist wear eye protection. So this applies to all, whether they are under the age of 18 or not.
3 years ago, in 2019, a new bill was introduced (HB 2246 or House Bill 2246) which proposed that all motorcyclists, regardless of their age, should be required to wear a motorcycle helmet. These motorcycle helmet laws will no longer allow police officers to stop a motorcycle helmet just because he/she is not wearing a helmet. However, in the even that the motorcyclist commits some other type of traffic violation while NOT wearing a helmet, he/she will could be charged with a $500 fine.
Compensation in motorcycle accidents while not wearing a helmet
You or your loved one are entitled to some form of compensation if you’re injured in a motorcycle accident that was caused by someone else’s negligence. This compensation should cover both your economic and non-economic damages.
The economic damages will compensate for expenses that can be calculated e.g. medical bills, while the non-economic will compensate for the pain and suffering that you endured due to the accident.
When it comes to motorcycle helmet laws and compensation in motorcycle accidents, you need to be aware that Arizona is a comparative fault state and follows a pure comparative negligence in personal injury law. This means that if you were in a motorcycle accident, but weren’t wearing your helmet (even if you’re not legally required to) you can still be partially at fault for the accident which can reduce the compensation that you will receive.
Comparative negligence is the most used argument by insurance companies because they’re trying to avoid to pay for compensation or not to pay as much as you’re owed. So if you or your loved one ever get into a motorcycle accident and also weren’t wearing a helmet, make sure to contact Schenk Podolsky to have your case reviews and to represent you.