Helmet Law and Use

Arizona motorcycle accident attorney Mark Breyer was invited to speak at the Arizona Confederation of Motorcycle Clubs’ January meeting about Arizona’s “Helmet Lie.” His talk touched upon the fact that as a motorcycle rider in Arizona, if you are over 18 years old, you aren’t required by law to wear a helmet. However, if you suffer an injury and you aren’t wearing a helmet, it is possible that a lack of helmet could be used against you to stop you from recovering any compensation for your injuries. The law currently states that if the at-fault party can prove a helmet could have protected the rider, the rider is responsible for their own injuries. Mark Breyer of the Husband and Wife Law Team at the Breyer Law Offices, P.C. wants all motorcycle riders to know about this aspect of the helmet law.

Invite the Team to Speak About Arizona Motorcycle Accidents

There were more than 250 people in attendance at the January Arizona Confederation of Motorcycle Clubs’ meeting. The meeting represented dozens of clubs from all over the state. Mark Breyer regularly speaks to groups about the laws regarding Arizona motorcycle accidents. If you want to invite the team to your event, contact them at Ashley@BreyerLaw.com.

Arizona Motorcycle Accident Statistics

There were 2,735 Arizona motorcycle accidents in 2010 that left 86 dead and 2,390 injured, according to the Arizona Department of Transportation (ADOT). In these accidents, 1,251 riders wore a helmet and 747 didn’t. The study shows that there were slightly less fatalities among riders who wore a helmet. There was also a higher percentage of riders without helmets who experienced incapacitating injuries as compared to rider who used a helmet.

Contact an Arizona Motorcycle Accident Lawyer

If you find yourself the victim of a motorcycle accident, contact Attorney Mark Breyer, an experienced Arizona motorcycle accident lawyer, to investigate your case. The Husband and Wife Law Team at the Breyer Law Offices, P.C. have been helping motorcycle riders for years. We have received large settlements and know what it takes to win a motorcycle accident claim. We have received sizable settlements for our clients, even when they are not wearing a helmet. Some of our clients have even received citations. Mark Breyer is a certified specialist in injury and wrongful death law. For a free consultation, call today.

In the event that you get into a motorcycle accident, ADOT approved helmets can be a lifesaver. A study made by the National Highway Traffic Safety Administration (NHTSA) reveals that helmets are in fact 37 percent effective in preventing fatal injuries to the head. As experienced motorcycle accident attorneys in Arizona, we have seen the truth of these statistics.

Since there are different types of motorcycles designed to cater numerous riding styles, it is only fitting that there are also different types of motorcycle helmets, each made with specific functions of their own. If you are looking for a motorcycle helmet then this article is for you, read on to learn more about the different types of motorcycle helmets.

Full-Face

Arguably the best type of helmet in terms of protection, the full face helmet covers the entire head with clear or tinted visor and usually sports vents to improve airflow.

Off-Road

The off road or motocross helmet is very similar to the full face helmet only with a more elongated chin and visor components. Safety goggles are often used with the off road helmet to protect the eyes against dirt and debris.

Flip-Up

This type of helmet allows the rider to enjoy almost the same protection with that of a full faced when fully closed but also resembles an open face helmet when the chin bar is pivoted upwards. It is advised though that riders should fully close their flip up helmets when riding.

Open-Face

The open face helmet covers the back and top of the head, the ears, and portions of the cheeks. It lacks protection to the chin a full face helmet provides. Some open face helmets have a built in clear or tinted face shield to protect the eyes from dust and wind. Sunglasses or goggles can serve as an alternative if a shield is not available.

Half

Half helmets offer the least protection among the aforementioned helmet types. They look similar to open face helmets only leaving more parts of the head exposed. Half helmets do not have a face shield thus using goggles or sunglasses to protect the eyes are advisable.

For a free consultation with an Arizona accident lawyer, call (480) 389-2463. You can also visit our Arizona Personal Injury Lawyers Facebook page for news and additional topics of interest.

Arizona does not require motorcyclists to wear helmets unlike neighbors California and Nevada. But officials are singling out the case of one 58-year-old California woman who is alive today because she was wearing hers. According to a news report, the woman was a part of a group of riders traveling from California to Williams, Arizona.

They were riding eastbound on Highway 68 when a pickup truck pulled out in front of the motorcyclists from a store’s parking lot. The woman skidded in order to avoid a collision and flipped her Harley Davidson. She avoided serious injury to her head and face thanks to her helmet. In fact, she donated her helmet to the fire department to show others the benefit of wearing one. The driver of the pickup did not stop at the scene. Officials are still looking for the hit-and-run driver.

Traumatic brain injuries and spinal cord injuries are the two most common Arizona catastrophic injuries sustained by motorcyclists. Of course, there may be some incidents where a motorcyclist will be fatally injured, regardless of whether or not he or she is wearing a helmet. According to the National Highway Traffic Safety Administration (NHTSA), the use of DOT-compliant motorcycle helmets went up in 2009 compared to 2008. It rose from 63 percent in 2008 to 69 percent in 2009. NHTSA estimates that helmets saved the lives of 1,829 motorcyclists in 2008. If all motorcyclists had worn helmets, an additional 823 lives could have been saved.

A number of motorcyclists in Arizona are unfortunately victims of negligent drivers. If you or a loved one has been injured in an Arizona motorcycle accident, please contact the experienced Phoenix motorcycle accident lawyers at The Breyer Law Offices P.C. Call us at 602-457-6222 to schedule a free consultation and comprehensive case evaluation.

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are more prone to fatal accidents per unit of distance travelled compared to drivers of other motorized vehicles. In 2006, motorcyclists were found to have a fatality rate of 55.82 per 100,000, while only 18.06 cars out of 100,000 were involved in fatal crashes.

In an effort to curb the amount of motorcyclist deaths, some states have tried to address safety concerns through mandates for safety equipment, especially helmet use.

Helmets have been found to reduce fatal head injuries during a motorcycle crash by more than 30 percent. While there are some benefits to wearing helmets, there are still many disadvantages to wearing them, such as reduced peripheral vision.

While some states give riders a choice to wear a helmet or not, others require them across the board (Insurance Institute for Highway Safety). Before making your decision on whether or not to wear a helmet, make sure you are aware of Arizona’s hidden helmet law that could be used against you if you are injured in a crash. The Arizona Motorcycle Accident Book is available to you for free and it explains this and many other things important to riders. For more information, request your free copy of the Arizona Motorcycle Book.

Helmets Required (all age groups)

Alabama, California, District of Columbia, Georgia, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, Oregon, Tennessee, Vermont, Virginia, Washington, West Virginia.

Helmets Required (certain age groups)

17 and younger

Alaska, Arizona, Colorado, Connecticut, Hawaii, Idaho, Indiana, Kansas, Maine, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Utah, Wisconsin, Wyoming.

18 and younger

Delaware

20 and younger

Arkansas, Florida, Kentucky, Pennsylvania, Rhode Island, South Carolina, Texas.

No Helmet Law

Illinois, Iowa, New Hampshire.

For victims of Arizona motorcycle crashes and other roadway accidents, our free consultation hotline is available at (602) 267-1280. Call now to speak with one of our Phoenix motorcycle accident lawyers.

Arizona motorcycle accidents are happening every day. Many people know that helmets can provide an extreme amount of protection; however, did you know that wearing a helmet is only 37% effective in preventing fatal head injuries in reference to motorcycle accidents. Many people think helmet use prevents all head injuries, but in fact, that is not true. That being said, a helmet can still be the best protection that a motorcycle rider has and many people encourage motorcycle riders to wear their helmets.

In Arizona, there are age restrictions requiring riders to wear their helmets, but beyond that, helmet use is not required in Arizona. Although helmet use is not required in Arizona, if a motorcycle rider sustains a head injury and is not wearing his or her helmet, the adverse party can argue that the rider could have prevented their own head injury by wearing a helmet. According to the National Highway Traffic Safety Administration approximately 1,829 motorcycle riders were not killed because they were wearing their helmet. (2008). Again, many people are still hurt even when they are wearing their helmet.

It is probably no surprise that motorcycle accidents are more likely to cause fatalities than automobile accidents. Based on the NHTSA, the rate of fatalities for automobile accidents was 19.06 per 100,000 in 2006 as compared to for motorcycle accidents the rate was 55.82 per 100,000 which is over 3 times the rate of auto accident fatalities.

Another thing that most people do not know about helmets is that there are other functions of a helmet besides just protecting the head. A helmet can be tinted which causes protection to the riders eyes. Helmets also prevent wind from blowing on the riders face. In Arizona, it can obviously be very hot to wear a helmet, but believe it or not there are helmets out there that also provide cooling to the rider. Of course, these helmets can be very expensive. Helmets can in many instances protect the rider’s head but motorcycle riders are still likely to be more hurt than a passenger or driver in an automobile. Most of our motorcycle clients have road rash, scraping, injuries to their legs, arms, and even when wearing a helmet, many clients still have bruising to their forehead, ears, and other parts that are exposed from not wearing the helmet. We have had clients who have had their helmet on and have still experienced a significant head injury. We have also assisted family members of accident victims who were killed even though they are wearing the helmet.

If you have been significantly injured in a Peoria motorcycle accident, give the Husband and Wife Law Team a call. You can also order a copy of our newest book for free. The book is entitled the Arizona Motorcycle Accident Book. We will send you the book free of charge and you will be surprised how much information and laws you did not know about motorcycle accident and Arizona. Request your free copy of the Arizona Motorcycle Accident Book today by on-line or calling 602-267-1280.

As Arizona motorcycle accident lawyers who represent injured victims, we know the important role a motorcycle helmet plays in helping a motorcyclist avoid serious injury or death in a crash. The 2009 Crash Facts from the Arizona Department of Transportation report 2,958 motorcycle crashes resulting in 122 fatalities and 2,477 injuries. The report states that 57 of the fatalities resulting from Arizona motorcycle crashes that year involved a collision with another vehicle.

All motorcycle accidents have the potential to cause serious head injuries or fatalities because motorcycles provide little to no protection for their riders. Anyone who chooses to ride a motorcycle in Arizona would be well-advised to wear a helmet to help reduce their chances of suffering a traumatic brain injury that could forever change their lives.

Arizona state law requires helmets only for riders under 18 years of age. Arizona Statute 28-964 states: “An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under 18 years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner.” The helmet must be properly secured and either safety goggles or a clear face shield must be worn when riding.

Only 19 states, including Arizona, have motorcycle helmet laws that only pertain to riders under the age of 18. While it is legal for adult riders in Arizona to ride without a helmet, it is in their best interest to wear one to help reduce the chances of a serious brain injury or fatality.

The Arizona motorcycle accident attorneys at Breyer Law Offices, P.C. help injured motorcyclists receive fair compensation for the damages suffered in an accident. We offer free case evaluations to anyone injured in an Arizona motorcycle accident. If you or a loved one has been injured in a motorcycle crash, please call us at 602-978-6400 to find out how we can help.

Top Arizona motorcycle accident attorneys understand that Arizona’s laws concerning wearing helmets while riding a motorcycle are inconsistent. Most people, and perhaps most lawyers, do not recognize this inconsistency in the law pertaining to motorcycle accidents. This inconsistency results in severe and unfair judgments against motorcyclists in Phoenix, Tucson, and throughout Arizona.

Arizona does not have a helmet law requiring all motorcyclists to wear a helmet. In some circumstances, depending on age and other factors, some riders must wear a helmet. But by and large, an adult motorcyclist is not required by Arizona law to wear a helmet. Yet under Arizona law, an otherwise negligent driver that caused serious injury to a motorcyclist may be able to avoid responsibility because the rider was not wearing a helmet.

This means that despite the fact that Arizona law does not require the wearing of helmets, someone who freely admits to causing an accident that results in serious injury or even wrongful death can avoid legal responsibility just because the motorcyclist was not wearing a helmet. This can cause devastating consequences.

Along with this, too many lawyers assume that helmets prevent injury altogether. As experienced motorcycle accident attorneys, we understand that a motorcyclist’s safety increases significantly if he or she wears a helmet. Yet according to some studies, over half of all fatal motorcycle collisions in the U.S. involve a motorcyclist who was wearing a helmet. While helmets can save lives, they do not prevent every injury and sometimes cannot even prevent death.

If you know someone who has been involved in a motorcycle accident in Phoenix that resulted in serious injuries, or if you have been a victim of a negligent driver while riding a motorcycle, we urge you to contact us. There may be a chance that the other driver’s insurance company may attempt to avoid responsibility if the motorcyclist in your claim was not wearing a helmet. In most cases, it is important to contact the best Phoenix injury lawyer you can find to answer your questions and to help you decide on the best way to move forward with your particular personal injury claim.