Understanding Arizona’s motorcycle helmet laws is crucial for riders to ensure their safety and compliance with state regulations. While helmets are not required for all riders, specific age restrictions and safety guidelines apply. Read on to learn more about who must wear a helmet and how Arizona’s laws impact motorcyclists.
Is Arizona A Helmet Law State?
Yes, Arizona is a partial helmet law state, requiring helmets for all motorcyclists and passengers under the age of 18, under A.R.S. § 28-964. Riders 18 and older are not legally obligated to wear helmets, though it is highly recommended for safety.
However, adult riders should be aware that, in the event of an accident, not wearing a helmet could influence insurance claims and liability assessments under Arizona’s comparative negligence principles, potentially reducing compensation if the lack of a helmet worsens the rider’s injuries.
Arizona Motorcycle Helmet Law and Safety Regulations
Arizona operates under a partial helmet law, obligating all motorcyclists and passengers under 18 to wear helmets, as required by A.R.S. § 28-964. For those 18 and older, helmet use is optional.
In Arizona, the fine for not wearing a helmet when under 18 or for wearing a non-compliant helmet can vary depending on the local jurisdiction, but it is generally around $50.
Despite the absence of a universal mandate, safety experts strongly recommend helmets to minimize injury risks. In line with federal standards, any helmet used must comply with FMVSS 218, ensuring it meets safety benchmarks.
Additionally, Arizona law mandates eye protection for all riders unless the motorcycle is equipped with a windshield.
Things To Consider When Wearing A Helmet In Arizona
According to the Motorcycle Helmet Use in 2022 report by NHTSA, 7.4% of non-compliant helmets were worn in states where not all riders are required to use a helmet, compared to 11.3% in states with mandatory helmet laws. The use of non-compliant helmets significantly undermines safety, as they may not provide adequate protection in the event of an accident.
This highlights the importance of choosing a helmet that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. Helmets meeting this standard undergo rigorous testing for impact resistance, penetration protection, and retention system strength, ensuring they offer the best defense against serious head injuries. When selecting a helmet, make sure to look for the following features:
- FMVSS 218 Compliance
Look for a DOT sticker on the back of the helmet to confirm it meets Federal Motor Vehicle Safety Standard 218. Always purchase from reputable retailers to avoid counterfeit products that may not comply with safety standards. Ensure the helmet is within its recommended lifespan, typically five years from the date of manufacture. - Proper Fit
Measure your head and follow the manufacturer’s sizing guide. The helmet should feel snug without being uncomfortable. Make sure it stays secure when you move your head, but doesn’t cause pressure points. - Retention System
Fasten the chin strap and test its security by trying to remove the helmet. The strap should hold the helmet in place without excess movement. If the strap or buckle shows signs of wear, it’s time to replace the helmet. - Eye Protection
If your motorcycle does not have a windshield, wear goggles, a face shield, or other protective eyewear that meets safety standards. Ensure the eyewear fits securely and provides clear visibility. Look for impact-resistant materials, such as polycarbonate, to safeguard against debris, wind, and insects. For added safety, choose eye protection with anti-fog and UV protection features.
By following these steps when selecting a helmet, you can enhance your safety and reduce potential legal risks, especially in the event of an accident.
Helmet or Not: What Happens in a Crash?
The numbers don’t lie: riding without a helmet makes everything worse if you’re in a crash. In 2023, 140 motorcyclists were killed in Arizona, and nearly half (45.7%) weren’t wearing helmets at the time of the crash, according to state data.
A helmeted rider has a fighting chance. An unhelmeted one? Not so much. Studies from the National Institutes of Health (NIH) found that unhelmeted riders are up to 4 times more likely to die from head injuries, 6 times more likely to suffer skull fractures, and face much higher odds of permanent brain damage. And according to the NHTSA, helmets are estimated to be 37% effective in preventing fatal injuries to motorcycle riders. In a crash, an unhelmeted motorcyclist is 40% more likely to suffer a fatal head injury and 15% more likely to experience a nonfatal injury compared to a helmeted rider.
Without a helmet, the most common injuries include traumatic brain injury (TBI), facial fractures, spinal trauma, and even coma. These injuries don’t just require long-term care, but they also change lives. A crash without a helmet could mean paralysis, cognitive impairment, or worse. Wearing one won’t prevent every injury, but it often makes the difference between walking away and never walking again.
How Arizona Helmet Law Affects Insurance And Settlement In Motorcycle Accident
Even though Arizona law doesn’t require adults to wear helmets, that doesn’t stop insurance companies from using it against you after a crash. If you suffer head or neck injuries and weren’t wearing a helmet, insurers will likely argue that you’re partly to blame for the severity of those injuries, even if someone else caused the accident.
Arizona follows a pure comparative negligence system. That means your compensation can be reduced by your percentage of fault. So if the other driver is 80% at fault, but the insurance company convinces a claims adjuster or jury that you’re 20% responsible because you didn’t wear a helmet, you’ll only get 80% of the compensation you’d otherwise receive. That could mean tens of thousands of dollars off your settlement.
But here’s the key: helmet use affects how much you can recover, not whether you have a right to recover. If the accident wasn’t your fault, you still have a legal claim, even if you weren’t wearing a helmet. Also, if your injuries had nothing to do with your head (like broken bones or road rash), the helmet argument might not hold up at all. That’s why it’s critical to work with a lawyer who knows how to push back against unfair blame and focus the case on the facts that matter.
Protecting Your Rights After a Motorcycle Accident in Arizona
If you’ve been involved in a motorcycle accident, especially without a helmet, having Arizona motorcycle accident lawyer support is essential for protecting your rights and understanding your options for fair compensation. In Arizona, where helmet use is optional for adults, insurance companies may argue that your injuries are more severe due to the lack of a helmet. This can affect liability assessments under comparative negligence principles, potentially reducing your compensation if it’s determined that the absence of a helmet contributed to the severity of your injuries.
With experience in motorcycle accident cases, the team at Esquire Law, operating in Phoenix, Scottsdale, Mesa, and Tucson, can help ensure that the other party’s fault is properly considered as the primary cause of the accident. We work to make sure that medical expenses, lost wages, and other damages are fully addressed, even when helmet use is a factor. Understanding these legal principles can help you navigate the complexities of Arizona law and avoid unfair penalties.