Can I Still Recover Compensation If I Wasn’t Wearing a Helmet During My Motorcycle Crash?

In Arizona, motorcyclists aged 18 and over are not legally required to wear helmets, as per A.R.S. § 28-964. This means that if you’re involved in a motorcycle accident without wearing a helmet, you can still pursue compensation for your injuries. However, the absence of a helmet can influence the amount of compensation you receive, particularly concerning head injuries.

Recent Case in Phoenix

Consider a recent case in Phoenix where an adult motorcyclist was involved in a collision with a vehicle making a left turn. The rider was not wearing a helmet and sustained head injuries. While the driver of the vehicle was found primarily at fault, the insurance company argued that the severity of the rider’s head injuries was exacerbated by the lack of a helmet. Consequently, the compensation awarded to the rider was reduced to account for this factor.

Arizona Law and Your Rights

Arizona operates under a pure comparative negligence system, as outlined in A.R.S. § 12-2505. This means that even if you are partially at fault for your injuries, you can still recover damages. However, your compensation will be reduced by your percentage of fault. In the context of not wearing a helmet, if it’s determined that your head injuries were more severe due to the absence of a helmet, your compensation for those specific injuries may be reduced accordingly.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for personal injury claims in Arizona. Under A.R.S. § 12-542, you have two years from the date of the accident to file a lawsuit. Failing to file within this timeframe can result in losing your right to seek compensation.

What To Do Next

If you’ve been involved in a motorcycle accident without wearing a helmet, it’s essential to consult with experienced personal injury attorneys who can navigate the complexities of your case. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for injured Arizonans. We operate on a contingency fee basis, meaning you pay no fees unless we win your case.

For more information on our services, visit our personal injury attorneys page. To learn more about attorney Chelsie Talcott, click here. For details on our fee structure, visit our fee structure page.

Contact Hirsch Talcott today at 602-903-6000 for a free consultation to discuss your case and explore your legal options.