Can I Seek Compensation If I Wasn't Wearing a Motorcycle Helmet in Arizona?

Posted by Impact Legal | Dec 02, 2021

While the rewards of riding a motorcycle are great – the freedom, the breeze, the cool factor, etc – the associated risks are also great. Motorcycles are fun, but they can be one of the most dangerous vehicles on the road. Because of this, a lot of laws around the country intending to promote safety have been established. In this article, we'll outline the laws in Arizona regarding motorcycle helmets and discuss whether or not you can seek compensation for your injuries if you were in a motorcycle accident while not wearing protective gear. 

If you've been hurt in a motorcycle accident, we're here for you. Call or text our motorcycle accident lawyers today at 602-345-1818 to schedule a free initial consultation to review the facts of your case. If you have additional questions before the meeting, please review our motorcycle accident FAQs part one and FAQs part two.

Arizona Motorcycle Safety Laws

Though lawmakers have proposed legally mandating motorcycle helmets for drivers and passengers of all ages, attempts have failed. In 2019, HB 2266 was introduced in an effort to amend the laws on helmet requirements in the state. However, currently, only motorcycle operators and passengers ages 18 and below are legally required to wear a helmet. 

Despite the lack of helmet legal requirements for all ages of motorcycle riders, Arizona does mandate that everyone, regardless of age, wear some type of eye protection while riding or operating a motorcycle. 

Wear a Helmet Anyway 

Accidents that include motorcycles are often especially devastating. The National Highway Traffic Safety Administration ((NHTSA) reports that about 1,872 lives are saved by helmets every year. The organization also estimates that helmets are 37 percent effective at preventing fatal brain injuries for operators and about 41 percent effective at preventing brain injuries for passengers. 

Other recommended motorcycle protective gear includes:

  • A sturdy jacket to prevent rocks and debris from causing injuries while you're driving and to prevent road rash and provide further protection in the case that you are in an accident.
  • Pants made of leather or similar sturdy material to provide lower-body protection. Never wear shorts while riding. 
  • Gloves to protect your hands and wrists and provide added comfort while riding.
  • A pair of heavy-duty boats to protect you from flying debris and hot-metal burns. 

Remember that protective eyewear is legally required for motorcycle operators and passengers of all ages. Riders can wear protective glasses, goggles, or a helmet with a protective face shield. 

Compensation in a No-Helmet Accident?

If you have broken the law and been in a motorcycle accident, you will most likely receive a ticket and potential subsequent penalties, depending on the facts of your case. However, even if you receive a ticket, you may still be entitled to legal compensation after a motorcycle accident. There are some cases where you are unlikely to receive compensation if you've broken the law. For example, if you've failed to wear legally mandated protective eyewear and receive an eye injury, compensation is less likely. On the other hand, if an at-fault driver caused injury to you, whether you had on a helmet or not, you could receive compensation. Consult an attorney to understand any personal liability in your case.

Next Steps: Call Our Motorcycle Accident Lawyers  

Every case is unique. Your potential legal compensation is dependent on the specific facts of your case. If you've been hurt in an accident where you were not wearing a helmet, compensation may still be a possibility. To understand more about your specific case, call Impact Legal today at 602-345-1818. You can also text that number or fill out our online form to set up a free initial consultation with our motorcycle accident lawyers. 

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Impact Legal

About Our Personal Injury Law Firm Impact Legal was created to have an impact on the lives of those who live life to the fullest. Just because you know how to have fun on a boat, on your side-by-side, or on your dirt bike, doesn't mean you're any less hurt when accidents happen. Impact Legal is ...

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