There are many articles that discuss the safety of wearing motorcycle helmets in Arizona and elsewhere. The fact is, Arizona motorcycle helmet laws are much more confusing than many believe. For a motorcycle rider injured in Arizona, the fact that they failed to wear a helmet will be used against them in many cases.
As is reported and discussed in many places, most would agree that motorcycle helmets increase safety. However, even the most staunch advocate must admit that many people are severely injured or killed while wearing motorcycle helmets in Arizona and throughout the rest of the country.
Unfortunately, motorcycle riders in Arizona are led to believe that the law allows them to go without wearing a motorcycle helmet. While this is true – in the sense that they cannot get a traffic ticket for failing to wear a helmet – someone who negligently rear ends a motorcyclist throwing them from the bike and causing them to land on their head can actually use the failure to wear a helmet as a defense against the claim. If there is an available helmet – and if the other conditions that need to be present exist – a badly injured motorcycle rider can lose their claim even though they violated absolutely no law in failing to wear their helmet.
It is time to be honest when it comes to motorcycle helmet laws in Arizona, and it is time to be fair to those who choose to ride motorcycles. Either wearing helmets are required or they are not required. This double standard of punishing the motorcyclist for following the law cannot be tolerated. As an example, failing to wear a seatbelt in an Arizona personal injury case can be used against the person who is hurt. However, there are seatbelt laws that require people in the vehicle to wear a seatbelt. Therefore, punishing people who fail to wear the seatbelt cannot really be questioned as much. However, to punish those who follow the law shows a very clear inconsistency that should be addressed.
After a serious motorcycle accident determining whether or not a claim exists even though a helmet was not worn requires an experienced motorcycle accident lawyer in Arizona. Injury lawyers who are knowledgeable in the law will often be able to answer any questions and determine whether or not the law may actually be applied to prevent a successful motorcycle accident claim from being brought in Arizona courts.
If you or anybody you know have any kinds of questions in regards to motorcycle accidents, please feel free to give us a call. We are not only happy to answer your questions, or provide Arizona residents who have motorcycle accident claims with a copy of the book on the master guide to Arizona injury claims, but we are also happy to simply provide information and answers so that a family that has already suffered the blow of a serious injury can make the best decision possible in terms of how, when and whether to pursue an Arizona injury claim.