What if I Did Not Wear a Helmet in My Motorcycle Crash?
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- What if I Did Not Wear a Helmet in My Motorcycle Crash?
August 28, 2019
Riding a motorcycle is even more dangerous if you do so without wearing a helmet. There is a greater risk of suffering a severe head or brain injury if you are involved in a crash.
Victims of these crashes may think they cannot file an injury claim because of their failure to wear a helmet, even if they think another driver is to blame for the accident. Below, learn more about this issue and why you should still consider talking about the situation with a licensed Phoenix motorcycle accident lawyer with Phillips Law Group to determine if you may have a case.
Arizona Law on Motorcycle Helmets
According to the Arizona Department of Public Safety, there were 792 motorcycle accidents in 2016, including 32 that resulted in deaths. Half of riders involved in deadly collisions were not wearing a helmet.
Despite the potential danger of not wearing a helmet, Arizona does not require every rider to wear one. Under Arizona Revised Statutes 28-964, only riders who are younger than 18 are required to wear them.
What May Happen When Riders Were Wearing Helmets
If a rider was wearing a helmet at the time of an accident, he or she may be more likely to avoid traumatic brain injuries. He or she may also be able to avoid being blamed for the severity of the injuries by insurance companies and attorneys for the at-fault party.
If the victim was wearing a helmet, his or her attorney may be able to argue the injuries could have been much worse without one. This may put more attention on the other driver’s actions, which could help strengthen the victim’s case.
If the victim did not suffer a head injury, the question of whether the rider was wearing a helmet may be irrelevant. Your attorney may also be able to argue you followed safe-riding guidelines because you were wearing a helmet.
What May Happen When Riders Were Not Wearing Helmets
If you suffered a head or neck injury and were not wearing a helmet, insurance adjusters may argue you bear the majority of fault for the injury, or your compensation award should be lowered by your percentage of fault.
They may produce publications or expert testimony about how helmet use can significantly reduce the risk of head injuries. One of their main arguments might be that you would not have suffered the injury if you were wearing a helmet.
How Comparative Fault May Apply
When an accident victim is partially at fault for the accident, Arizona’s comparative negligence law may apply. Under this law, the amount of any compensation you may be awarded will be reduced based on your percentage of fault.
Insurance companies may try to apply this law to your claim, particularly if you were not wearing a helmet. If you file a lawsuit, juries will also consider this law and the circumstances of your crash. For example, if an insurance adjuster or jury finds you were 30 percent at fault in the accident, your compensation may be reduced by 30 percent.
Call an Experienced Lawyer for Help with Your Accident Claim
If you were injured in a motorcycle accident while not wearing a helmet, you may still have a viable claim. The experienced attorneys at Phillips Law Group can discuss your claim and any potential obstacles in a free consultation.
You can reach us anytime by calling 1-800-706-3000 or filling out a Free Case Evaluation form.
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I just wanted to thank Phillips law Group and Vanessa Rodriguez for all the help that she did for my daughter’s case. She was involved in her first accident and she needed the help to deal with these adjusters. Thank you again.
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I would have no hesitation at all recommending Phillips Law Group. In particular, Juan Roque has impressed me with his professionalism, his integrity and his heart for the community!
I was recently served court documents that I was being sued from an accident that happened years ago. For someone who has never been through something like this and not familiar with the court lingo or where to even begin, it was very frustrating and stressful. I reached out to a family member who knew Tracy Laskos and the great reputation of Phillips Law Group and within the hours of the initial call for help, I had a direct number to Lead Attorney Nassar. Nassar heard my case and almost instantly put me at ease by explaining the process and how easy it was to handle. Nassar spoke to me like he was a friend, not like I was a client. I am so grateful to Tracy, Nasar and of course my cousin Stephanie for helping out and giving me the direction that I needed to get through this situation. I plan on referring my friends, family and patients that are in need of a personal injury Attorney to Phillips Law Group. Thank you!!
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!
My Attorney Sean Davis and his paralegal Hannah Dustin worked on my case. They listened to the problems that I was having with my case and they both got right to work. First they found me a doctor that actually listened to my problems from my car accident and worked quickly to form a plan that was comfortable for me and the doctor. The doctor was the best and after a couple of procedures the pain in my neck was gone. Behind the scenes Sean and Hannah were working hard to get my case settled with the insurance company. They kept in contact with me on all aspects of my case. They settled my case much faster than I expected and for more than I was expecting. If you want two real professional legal people to work on your case, I would highly recommend Sean and Hannah to you. I cannot say enough nice things about these two. Thank you so much, Rickey Hart .
My paralegal , Caroline , was on top of her game - very responsive and always answered any questions I had and in a timely manner . My attorney Rob ,was the best attorney I ever had . He explained everything in great detail and had a great sense or humor . He really knows how to bring light To tough , unfortunate situations - I would absolutely recommend them at anyone -
I have been with Phillips Law Group for a little over a year and I have learned what teamwork and family in a workplace looks like. There is always someone around to lend a helping hand, which is something I appreciate and cherish. I feel a sense of joy coming to work every day because of my co-workers as well as being able to help people in what can be a scary and stressful situation. I currently work as a Litigation Legal Assistant with an amazing team. When I started here, I was not very knowledgeable in personal injury. I was lucky to have been placed with an amazing team who was willing to take time to teach and pass on some great skills that have been a huge aid in helping me be successful in my position. I would recommend working here at Phillips Law Group, because they care about their employees and there is so much room for growth.
Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.