Helmet Laws and Comparative Fault in Motorcycle Accident Cases

Motorcycling: A Popular but Dangerous Recreation

If you are injured by a negligent driver while you’re motorcycling in the State of Arizona, you are entitled by law to monetary compensation. In order to recover that compensation, you will need to be advised and represented by a motorcycle accident attorney.

How is the liability for a motorcycle accident determined? Are helmets required for Arizona motorcyclists? What are your rights if you are injured by a negligent driver while motorcycling in this state? And when should you make the call to trusted legal counsel for bike collision injuries?

You will find answers to these questions by reading this brief discussion of helmet laws, liability, and your rights as an injured victim of someone else’s negligence in Arizona, and you will find answers to these questions. You will also learn what steps to take if you are injured by a negligent driver while you are motorcycling.

What is Arizona’s Helmet Law?

With our warm weather and spectacular landscapes, it is no surprise that motorcycling is a popular recreation in Arizona. However, more than 2,500 motorcycle accidents were reported to Arizona authorities in 2021, resulting in 160 fatalities and more than 2,000 serious injuries.

Motorcyclists and their passengers who are age 18 and older are not required by law to wear a helmet while motorcycling in Arizona. However, all motorcycle riders in Arizona are required by law to wear some type of eye protection: protective glasses, goggles, or a face shield on a helmet.

While it is not required by Arizona law, the reasons to wear a helmet are abundant. Motorcyclists who use helmets are more likely to survive a serious motorcycle accident and are less likely to sustain a traumatic brain injury. Helmets save lives and prevent thousands of severe injuries.

Wearing a helmet also puts you in the best possible legal position to recover compensation for your medical bills and lost wages if you are injured by a negligent driver. That is because the law in Arizona is pure comparative negligence in personal injury cases.

What is Pure Comparative Negligence?

Under pure comparative negligence, a victim’s compensation may be reduced by the percentage of that person’s fault for an accident. In Arizona, if you are injured by a negligent driver while motorcycling and your damages total $200,000, but you are found to have ten percent of the fault for the accident, the amount you are entitled to is reduced by ten percent to $180,000.

Insurance companies often claim that because a motorcyclist was not wearing a helmet at the time of a crash, the motorcyclist’s own negligence contributed to his or her injuries. If the case goes to trial, the insurance company’s attorney may make that argument to the jury. The defense attorney will hire experts to testify that the motorcyclist’s injuries would have been less severe if he had worn a helmet. A jury may consider that evidence and reduce the motorcyclist’s damage award accordingly.

Wearing a helmet when you ride signals to insurance companies, judges, and jurors that you are a responsible motorcyclist who takes reasonable safety precautions. Wearing a helmet puts you in a much better position to recover full compensation after an accident.

What Steps Should You Take After a Motorcycle Accident?

If you are involved in a motorcycle accident, calling 911 for medical assistance should be your top priority. If you are not treated for your injuries at the accident scene and taken to a hospital emergency room, it is important to obtain a medical exam within the first twenty-four hours after the accident.

A medical examination protects you in case you have sustained a latent or hard-to-detect injury, and it also establishes the medical records – that is, the medical evidence – you will need if you bring a personal injury claim to recover compensation after the accident.

Photos and Eyewitnesses Can Make the Difference

After you have called for medical assistance, exchange personal contact and insurance details with the other driver (or drivers) if possible. Take photographs of your visible injuries, the damage to the vehicles, and the general accident location if possible. You can not take too many photographs.

If there were eyewitnesses, ask for their personal contact details. Eyewitnesses – people who do not know you – are critical to establishing fault on the other driver. By establishing liability on the other driver, you may eliminate the liability issue of who was at fault. By establishing early on that the other driver was at fault, the focus of your claim becomes squarely on the amount of compensation you are entitled to recover for your injuries and other damages.

Make and keep copies of the medical, police, and documents that are pertinent to the accident. Do not admit to any fault when talking to the investigating police officer. Do not ever talk to any insurance company representative. Always consult first with a motorcycle accident attorney in Phoenix as soon as possible after your accident.

What Will Your Attorney Do?

Your attorney will consider the details of your case and suggest the best way to proceed legally – which may entail bringing a personal injury claim.

Your attorney will investigate what happened, compile evidence, question witnesses, and if necessary, consult experts, accident reconstruction specialists, and medical specialists. A good personal injury lawyer will fight aggressively and effectively for your compensation.

If you bring a personal injury claim, you will not pay any lawyer’s fee until your lawyer recovers compensation with an out-of-court settlement or a jury verdict on your behalf. If for any reason you are not compensated, you will not owe any fee to your attorney.

Your first consultation with an Arizona motorcycle accident attorney is also offered without cost or obligation. Take advantage of the opportunity to obtain personalized advice and to learn how the law in Arizona applies to your own motorcycle accident case.

How Should You Select a Motorcycle Accident Lawyer?

At Moore Injury Law, we have decades of personal injury experience representing motorcyclists seriously injured in accidents. Moore Injury Law has an excellent record of recovering significant compensation for clients who have been injured by negligent drivers in all types of accidents: motorcycle and car accidents as well as truck, bus, bicycle, and pedestrian accidents.

Moore Injury Law represents the injured victims of negligence on a contingent fee basis. If you have been injured in a motorcycle accident, we will review your case without any cost or obligation.

If you have been injured while motorcycling in Arizona, call Moore Injury Law in Phoenix at 602-795-6605, and make that call as quickly as possible.


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