Motorcycle accidents often result in severe injuries, so it goes without saying that safety gear is essential for reducing harm. There are various types of motorcycle safety gear, but the law makes special mention of helmet use.
In Arizona, the law requires all motorcyclists under 18 to wear a helmet. Those over 18 can choose whether to wear a helmet, but the decision can influence personal injury claims.
Safety gear affects comparative negligence
Arizona follows the principle of comparative negligence in personal injury cases. Comparative negligence reduces the compensation a person can receive based on their level of fault in the accident. If a motorcyclist contributes to their own injuries by not wearing safety gear, their claim’s value may decrease.
Wearing a helmet affects compensation
Wearing a helmet, although not mandatory for adults in Arizona, can significantly impact a personal injury claim. For example, if a rider suffers a traumatic brain injury in a crash but was not wearing a helmet, a court may determine that the injury would have been less severe or avoided if the rider had worn one. This could lead to a reduction in the compensation awarded to the injured rider.
Other safety gear matters too
Safety-conscious gloves, jackets and boots, also play a role in personal injury claims. These items protect the body from road rash, fractures and other serious injuries. If a motorcyclist fails to wear appropriate protective gear, their injuries may be more severe, and they may receive less compensation due to their own alleged negligence. Courts may assess whether the use of safety gear could have minimized injuries when determining compensation.
Arizona’s comparative negligence laws establish a legal environment in which choosing not to wear safety gear is a truly costly decision. On the other hand, motorcyclists who do wear safety gear can use this fact to maximize the compensation they might receive from an injury claim.
