Motorcycle accidents can lead to serious injuries, especially when riders are not wearing helmets. Helmet laws vary by state, but their impact on injury claims is significant. If you are involved in a motorcycle accident, understanding how helmet laws affect your case can help you protect your rights and seek fair compensation.
Helmet Laws in the United States
Helmet laws in the United States differ from state to state. Some states have a universal helmet law, requiring all riders to wear protective headgear regardless of age. Others have laws that only certain riders—typically those under 21 and older—are required to wear helmets.
Arizona follows a partial helmet law, meaning only motorcycle operators and passengers under 18 must wear helmets. However, all riders, regardless of age, must wear some form of protective eyewear unless their motorcycle has a windshield. While adults 18 and older are not legally required to wear a helmet, doing so can significantly reduce the risk of serious head injuries in an accident.
How Helmet Laws Affect Injury Claims
If you are involved in a motorcycle accident, whether you were wearing a helmet can impact your injury claim. Insurance companies and opposing lawyers may argue that not wearing a helmet contributed to the severity of your injuries. This can reduce compensation, especially if your state follows comparative negligence laws.
For example, if a motorcycle rider in a state that requires helmets is not wearing one during an accident, the insurance company may argue that they share fault for their brain injuries. However, in states without a universal helmet law, not wearing a helmet may not directly affect a claim, depending on the circumstances.
Helmet Use and Injury Prevention
A systematic review of motorcycle accidents shows that helmets significantly reduce the risk of head injuries. According to the National Highway Traffic Safety Administration (NHTSA), helmets are 37% effective in preventing fatal injuries to motorcycle operators and 41% effective for passengers.
Even in states where the law requires only younger riders to wear helmets, experts recommend all riders wear protective gear to reduce the risk of severe head trauma. Brain injuries can have lifelong consequences, and wearing a helmet is one of the simplest ways to stay safe on the road.
What to Do After a Motorcycle Accident
If you are a motorcycle operator involved in an accident, there are steps you can take to protect your rights.
- Seek Medical Attention – Even if you feel fine, injuries can develop hours or days later.
- Report the Accident – Call the police and document the scene.
- Gather Evidence – Take photos, collect witness statements, and obtain a copy of the accident report.
- Consult a Personal Injury Lawyer – An experienced attorney can help you understand how motorcycle helmet use laws affect your case and fight for the compensation you deserve.
Trust Grabb & Durando for Your Motorcycle Accident Case
Motorcycle accidents can be overwhelming, especially when helmet laws come into play. At Grabb & Durando, our experienced attorneys understand how state laws affect your claim and are ready to fight for your rights. Whether or not you were wearing a helmet, we will work to get you the maximum compensation for your injuries.
