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Similar to victims of a car accident, motorcyclists who are hurt in a collision may seek damages from the at-fault party through the court. However, if you were not wearing a proper helmet, your injuries may be the direct result of not wearing protection. If this circumstance applies to you, you may wonder if you still have a right to file a suit. The guide below looks closer at this particular nuance of personal injury law.

What Are the Helmet Laws in Arizona?

Arizona law does not require motorcycle riders to wear a helmet unless they are younger than 18 years of age. As such, any adult who is a motorcycle accident while failing to wear a helmet will not face any additional fines for their lack of protection.

However, opting out of helmet use is a highly dangerous practice. According to Arizona motorcycle accident statistics, nearly half of the fatal collisions in 2016 involved parties not wearing a helmet.  

Can You Still Get Compensation in a Personal Injury Suit If You Were Helmetless?

personal injury lawThe answer to this question can vary based on the circumstances of the accident. If you weren’t wearing a helmet and you suffered head injuries, the defense may be able to invalidate your personal injury claims. However, you may still receive compensation for other injuries—such as if you broke your ribs—since they were unrelated to helmet use.

What Other Factors May Impact the Outcome of Your Case?

In Arizona, comparative fault can apply to accident claims. This aspect of personal injury law means that if the injured party was at all responsible for the accident, they may not be entitled to full compensation.

In these situations, the court will review the circumstances behind the accident and assign a percentage of responsibility to each party. The defendant would usually be ordered to pay their specific fraction of the settlement. For example, if a defendant was 70% responsible for an accident, they would have to pay 70% of the claim.

 

While there are many aspects to consider in a motorcycle accident case, as a client of Ely, Bettini, Ulman, Rosenblatt, & Ozer, Attorneys at Law, you will gain reliable support at every step of the process. Well-versed in personal injury laws, these Phoenix, AZ, attorneys will make sure your case is being presented in a way that accurately reflects the costs you incurred as a result of the incident. Visit this law firm online to learn more about their practice areas. Call (800) 303-2144 to schedule a free consultation to discuss your case.

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