How Not Wearing a Helmet Can Affect Your Motorcycle Accident Claim

How Not Wearing a Helmet Can Affect Your Motorcycle Accident Claim

Riding a motorcycle is dangerous. Riding a motorcycle without a helmet is taking your life in your hands. There is a much higher chance of enduring a serious brain or head injury should you be involved in a crash.

Victims of motorcycle accidents might feel like they are unable to file an injury claim due to their failure to wear their helmet, even if they know that the other driver was at fault for the crash. Keep reading to learn more about Arizona’s laws pertaining to motorcycle helmets and why you might still benefit from the counsel of an experienced Arizona motorcycle accident attorney with the Escamilla Law Group.

Arizona Law on Motorcycle Helmets

How Not Wearing a Helmet Can Affect Your Motorcycle Accident Claim

Based on a publication from the Arizona Department of Public Safety, there were a total of 793 motorcycle collisions in 2016. Thirtytwo of those ended in the rider’s death. Half of those 32 were not wearing a helmet.

In spite of the very real and present dangers the absence of a helmet can cause, Arizona does not mandate that every single biker wear one. According to Arizona Revised Statutes 28-964, only riders aged 18 and younger are legally obligated to wear them.

What Can Happen When Riders Are Wearing Helmets

If a motorcyclist was wearing their helmet when the accident occurred, they will have a much better chance at skirting catastrophic brain injuries. They might also be able to sidestep being faulted for the seriousness of your injuries by insurance carriers and the attorney for the at-fault driver.

What Can Happen When Riders Are Not Wearing Helmets

If you sustained an injury to the neck or head and you were not wearing your helmet at the time of the accident, insurance carriers could easily argue that the lion’s share of fault for your injury is you, or that the amount of financial compensation that you receive needs to be reduced by your percentage of fault.

How Comparative Fault Applies

When the victim of any kind of vehicular accident is deemed to be partially at fault, Arizona’s comparative negligence law comes into play. According to this law, the total amount of any financial compensation that you might receive can be decreased by your percentage of fault. 

For example, if you are seeking remuneration of $10,000 and the accident was declared to be 25% your fault and 75% the other driver’s fault, then the most you could actually be awarded would be $7,500. 

If you were not wearing your helmet and received injuries during a motorcycle accident, you might still have a valid legal claim. The qualified attorneys at Escamilla Law Group are here to help examine your potential claim and make sure that you are aware of all the legal options that are available to you.

At the Escamilla Law Group, our personal injury attorneys know how catastrophic vehicle fires are and how crucial it is for the victims and their loved ones to have effective, aggressive legal representation. For a free consultation regarding a personal injury case you feel you may have, please reach out to us by calling (623) 562-3838 to schedule your confidential appointment today.