While motorcycles can provide a convenient and exciting way to commute, it does not come without its dangers. Additional exposure leaves bikers at a higher risk of serious harm.
Therefore, motorcyclists should make sure they are following all Phoenix motorcycle helmet laws. If you were injured in a motorbike accident, a local attorney could explain how these laws might impact your recovery.
There is no federal motorcycle helmet law. As such, these rules and requirements change from state to state. The motorcycle helmet laws in Arizona, compared to states like California, Nevada, and Oregon, where there is a blanket mandate, are relatively mild.
Under Arizona Revised Statutes §28-964(a), any driver or passenger of a motorcycle under 18 years of age is required by law to wear a helmet. The safety gear must be worn while the rider is operating the bike. The same rule applies to all-terrain vehicles or motor-driven cycles as well.
Riders over 18 are not entirely free of legal headwear requirements, however. As per Az. Rev. Stat. §28-964(a), passengers of every age are required to wear either protective glasses, goggles, or an approved transparent face shield. The only exception is if the motorcycle is already equipped with a windshield. These requirements also apply to operators of all-terrain vehicles and motor-driven cycles.
The motorcycle safety gear requirements are minimal in Phoenix. Arizona lawmakers attempted to change the law in 2016 with House Bill 2052, which would have required all riders to wear a helmet. While that change was ultimately defeated, the Arizona legislature and other state bodies continue to debate their state’s requirements.
The Center for Disease Control and National Highway Traffic and Safety Administration estimates that motorcycle helmets reduce the risk of injury by 69 percent. In all, it is recorded that helmets save the lives of nearly 2,000 motorcyclists on an annual basis.
Therefore, motorcycle riders should keep in mind how effective helmets are. Regardless of the Phoenix motorcycle helmet statutes, without airbags, safety alerts, and other modern technology available to bikers, it is always a good idea to wear a helmet while riding to protect themselves from catastrophic harm.
Under Arizona’s comparative negligence law, as per Az. Rev. Stat. §12-505, the percentage of fault for an accident can be split among the plaintiff and defendant. A plaintiff found to be partially at fault for their injuries will receive a reduced recovery based on their percentage of fault. For example, a plaintiff who is awarded $200,000 in damages, but is found to be 25 percent at fault for their injuries, would then collect $150,000.
In a motorcycle accident case, if a plaintiff was not wearing a helmet, the defendant could potentially raise that fact to try and reduce their liability for the plaintiff’s injuries. A rider could avoid potential legal ramifications if they wear proper safety gear.
If you were involved in a motorbike crash, and are curious about how Phoenix motorcycle helmet laws may apply to your case, you should call a local motorcycle attorney. A lawyer experienced with motorcycle cases could walk you through the legal ramifications of not wearing a helmet and help you build a strong case against the at-fault party. If you or a loved one has suffered an injury from a motorcycle accident, contact Goldwater Law Firm today at 602-502-6000 or fill our online form to schedule a free case evaluation.