If you were injured in a motorcycle accident in Arizona, it’s important to take legal action to protect your rights. Our team of Arizona motorcycle accident lawyers is here to help you navigate the complexities of your case and ensure you receive the compensation you deserve. Contact National Injury Help today for a consultation, your well-being is our priority.
Understanding the relationship between the Arizona motorcycle helmet law, injury claims, and liability is essential for every rider. This page explores how helmet use affects motorcycle accident cases, how Arizona law approaches the issue, and why working with an experienced Arizona motorcycle accident lawyer can protect your rights.
Understanding Arizona Motorcycle Helmet Law
Arizona’s helmet law is relatively lenient compared to other states. Under A.R.S. § 28-964, helmets are required only for motorcyclists and passengers under the age of 18. Adults 18 and older are not legally required to wear a helmet while operating or riding on a motorcycle.
However, the law does mandate that all riders, regardless of age, must wear protective eyewear, unless the motorcycle is equipped with a protective windshield.
Key points of the Arizona helmet law:
- Helmets are required for riders under 18 (both operators and passengers)
- Helmets are optional for adults 18 and over
- Eye protection is mandatory for all riders (unless a windshield is present)
This distinction often plays a significant role in determining helmet use and liability in personal injury claims.
Does Not Wearing a Helmet Affect Your Right to Compensation?
The short answer is no, you can still recover compensation even if you weren’t wearing a helmet at the time of the crash. Arizona’s comparative negligence system allows injury victims to pursue compensation even if they are partially at fault.
That said, helmet use can impact the outcome of your case, especially if the injuries involve head trauma or facial injuries. If your decision not to wear a helmet contributed to the severity of your injuries, the insurance company may argue that your damages should be reduced.
Insurance companies may claim:
- You were negligent for choosing not to wear a helmet
- Your injuries would have been less severe with a helmet
- Your compensation should be reduced proportionally
An experienced Arizona motorcycle accident lawyer will challenge these arguments by bringing in medical experts and using crash data to show that your injuries would have occurred regardless, or that the other driver’s negligence was the primary cause.
Helmet Use and Liability in Motorcycle Accidents
When a crash occurs, one of the first issues investigators look at is whether the motorcyclist was wearing a helmet. However, helmet use does not determine who caused the accident. Liability is based on fault, not protective gear.
Common causes of motorcycle accidents include:
- Left-turn collisions at intersections like Camelback and 19th Avenue in Phoenix
- Distracted drivers rear-ending riders on Tucson’s Grant Road
- Cars crashing into motorcyclists on freeways like I-10 and Loop 101
In these cases, the negligent driver remains responsible for the crash, even if the rider wasn’t wearing a helmet. The question of helmet use and liability becomes more relevant when calculating damages, not fault.
How Helmet Use Affects Different Types of Injury Claims
The impact of helmet use varies depending on the injuries sustained. For example, if you suffered head trauma or facial injuries, insurers are more likely to raise the issue of helmet use. However, if your injuries involved broken bones, internal bleeding, or spinal damage, helmet use may be irrelevant.
Types of injuries where helmet use may become a factor:
- Traumatic brain injuries
- Skull fractures
- Jaw or facial bone fractures
- Eye injuries
Injuries where helmet use is typically not a factor:
- Spinal cord injuries
- Road rash
- Fractured limbs or ribs
- Internal organ damage
A qualified Arizona motorcycle accident lawyer will work to limit the impact of helmet arguments on your compensation, especially if your injuries weren’t preventable by a helmet.
Biker Safety Regulations in Arizona
Beyond helmets, Arizona has a variety of safety regulations designed to protect motorcyclists. These biker safety regulations in Arizona can also affect accident claims, especially if any party involved violated state laws.
Key biker safety requirements include:
- Eye protection (goggles, glasses, or face shield)
- Functioning head and tail lights
- Proper handholds and footrests for passengers
- Exhaust systems that comply with sound limits
- Motorcycle endorsement on a driver’s license
Following these regulations can strengthen your claim by showing that you were a responsible rider. Conversely, violating them, such as riding without eye protection or lacking a valid license, can give insurers a reason to reduce your compensation.
Common Arguments Insurance Companies Use in Helmet-Related Claims
Insurance adjusters often attempt to minimize settlements by arguing that the rider’s failure to wear a helmet worsened their injuries. These claims can be difficult to fight without legal representation.
Common insurer tactics include:
- Hiring medical experts to testify that helmet use would have prevented the injury
- Using photos or medical records to demonstrate “avoidable harm”
- Claiming helmet use proves recklessness, not just oversight
Your Arizona motorcycle accident lawyer will combat these strategies by:
- Presenting counter-expert testimony
- Highlighting the other driver’s role in causing the accident
- Citing Arizona law, which does not require helmet use for adults
Local Crash Examples and Helmet Law Implications
Let’s say a motorcyclist was hit on Baseline Road near Arizona Mills. The driver ran a red light, and the rider was thrown from their bike, sustaining a broken arm and lacerations. Although the rider wasn’t wearing a helmet, helmet use has no bearing on a broken arm or deep cuts, and the driver remains 100% at fault.
In another scenario, a rider traveling east on River Road in Tucson is sideswiped by a driver merging onto the roadway. The rider suffers a traumatic brain injury after striking their head. The driver was clearly at fault, but the insurance company may argue that not wearing a helmet increased the severity of the injury. This is where expert testimony and strategic legal arguments come into play.
Should You Always Wear a Helmet in Arizona?
While adults are not legally required to wear a helmet under Arizona motorcycle helmet law, doing so is strongly recommended. Helmets significantly reduce the risk of severe head injury and death in an accident.
Benefits of wearing a helmet:
- Decreases the risk of fatal head injuries by up to 37%
- Reduces the likelihood of traumatic brain injury
- Demonstrates responsible riding in the eyes of the court and insurers
Wearing a helmet may also discourage insurance companies from attempting to reduce your claim value based on perceived negligence. Even if it’s not required by law, it’s a smart move both medically and legally.
Helmet Use and Passenger Injury Claims
When a motorcycle accident occurs, injured passengers have just as much right to seek compensation as the operator, regardless of whether they were wearing a helmet.
However, when passengers aren’t wearing protective gear, particularly if they are underage or have sustained a head injury, questions about helmet use and liability often arise. Arizona law is clear: passengers under the age of 18 are legally required to wear a helmet. For adult passengers, helmet use is optional.
Insurance companies may try to argue that a passenger’s injuries were partly their own fault due to a lack of helmet use. This is especially common in claims involving head trauma or facial injuries. For example, a passenger thrown from a bike on I-10 near Chandler or in a side-impact crash on Glendale Avenue may suffer a skull fracture or concussion. If the passenger wasn’t wearing a helmet, insurers may try to reduce their payout, even if the crash was caused entirely by another driver.
It’s important to understand that:
● A passenger’s lack of helmet use does not negate their right to file a claim
● The primary factor in injury claims remains who caused the accident
An experienced Arizona motorcycle accident lawyer will protect an injured passenger’s rights by pushing back against comparative fault arguments and focusing the claim on the driver or third party responsible for the crash. Whether you were a rider or a passenger, your injuries and recovery deserve to be taken seriously, helmet or no helmet.
Legal Help for Helmet-Related Motorcycle Claims
If your crash occurred on roads like Grand Avenue, Speedway Boulevard, or US-60, and you were injured while not wearing a helmet, you still have legal rights. Don’t let insurers pressure you into accepting less than what your case is worth. You need a legal team that understands Arizona’s unique helmet laws, motorcycle bias in insurance claims, and the tactics used by insurers to shift blame.
An experienced Arizona motorcycle accident lawyer will evaluate your case, gather critical evidence, and work with medical experts to counter any claims about helmet-related negligence.
Call an Arizona Motorcycle Accident Lawyer Today
Whether you were wearing a helmet or not, you still deserve justice after a motorcycle crash. Don’t let insurance companies use your gear, or lack thereof, as an excuse to deny your claim. With over 40 years of combined experience, a national network of co-counsel, and a flexible, innovative structure as an Arizona Alternative Business Structure law firm, we’re here to fight for your rights.
Contact our team of motorcycle accident attorneys at National Injury Help at 1 (800) 214-1010 or fill out our secure online form to schedule your free consultation. Let a skilled Arizona motorcycle accident lawyer guide you through your helmet-related claim and fight for the compensation you deserve.