Enjoying beautiful desert scenery while riding a motorcycle is heaven to many bikers. The feeling of freedom they experience being exposed to the elements is part of the attraction.
Many bikers feel wearing helmets limits their enjoyment. Prescott motorcycle helmet laws allow adults to choose whether to wear a helmet. However, if you get injured in an accident, your decision could affect the extent of your injuries and the amount of compensation you can collect.
If you get hurt in a motorcycle accident, contact an attorney at Phillips Law Group right away. Our team can help you obtain fair compensation regardless of the extent of your injuries or whether you were wearing a helmet.
Only Minors Must Wear Helmets
Arizona Revised Statutes § 28-964 requires helmets only for people under 18. The law applies to passengers and operators. An adult operator can receive a citation if they transport a passenger under 18 who is not wearing a helmet.
All riders must wear goggles or other eye protection, regardless of age. Eye protection is not required when a motorcycle has a windscreen.
It is an adult biker’s right not to wear a helmet. However, there is clear evidence that helmets reduce the severity of head injuries and death in motorcycle accidents. When a motorcyclist suffers injuries in an accident while not wearing a helmet, a Prescott attorney must counter an insurance company’s likely assertion that the biker was negligent.
How Insurance Companies View Helmet Use
When someone is injured in a vehicle crash, the driver at fault is responsible for paying the injured person’s losses. Drivers of enclosed vehicles are often at fault in motorcycle accidents. The injured biker can file a claim against the at-fault driver; in most cases, the at-fault driver’s insurance company will pay.
Under Arizona’s pure comparative negligence rule, when more than one party is to blame for an accident, each party is responsible for their part in the incident. If an insurance company for an at-fault driver can show that an injured biker bears partial responsibility for the accident, the injured person cannot collect 100 percent of their losses, saving the insurance company money.
However, the insurance company must prove the injured biker was negligent. If the biker was under 18 and not wearing a helmet, they were violating the law, which could serve as proof of negligence. When the injured biker was over 18, a Prescott motorcycle accident attorney can push back against the implication that riding without a helmet is negligent.
Lack of a Helmet Can Affect Compensation After a Crash
Whether helmet use impacts an adult biker’s compensation depends on multiple factors. One of the most important is the nature of the biker’s injuries.
When the injuries are to the torso and limbs, wearing a helmet would not have made a difference. Helmets only protect the head. However, if the biker sustained head or facial injuries that a helmet could have prevented, a jury might find the biker partially responsible for those injuries and reduce their compensation accordingly.
Bikers who sustain injuries in a crash while not wearing a helmet should work with an experienced motorcycle accident attorney in Prescott. A skilled lawyer can prove that a helmet may not have substantially impacted the severity of a biker’s injuries and preserve the biker’s right to compensation.
Work With a Prescott Attorney to Limit the Role of Helmet Laws in Motorcycle Crash Compensation
The Prescott motorcycle helmet laws do not require adults to wear a helmet, but that does not stop insurance companies from trying to reduce your compensation. You must work with an experienced attorney who can counter the insurer’s allegations.
The lawyers at Phillips Law Group are skilled at maximizing compensation for bikers, regardless of their helmet use. Please get in touch today to arrange a no-cost consultation.
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