Navigating the aftermath of a motorcycle accident can be overwhelming—especially if you weren’t wearing a helmet at the time of the crash. You may worry that this choice could impact your ability to file a claim and receive compensation. While helmet use can affect certain aspects of your case, it doesn’t mean you’re ineligible to seek financial recovery for your injuries.
At Esquire Law, our motorcycle accident lawyers in Arizona understand the complexities of these claims. We’re here to help you navigate the legal process with compassion and determination, ensuring you have the support you need to pursue fair compensation.
Data and Statistics on Wearing a Helmet
Wearing a helmet is one of the most effective ways to reduce the risk of severe injury or death in a motorcycle accident. Unfortunately, many riders still choose to ride without one, increasing their vulnerability.
- In Arizona, 140 motorcyclist fatalities occurred in 2023, with 64 involving riders who were not wearing helmets—approximately 45.7% of all motorcycle fatalities according to State of Arizona Annual Report
- According to the CDC, helmets reduce the risk of head injuries by 69% and prevent fatal injuries by 37% for motorcycle operators and 41% for passengers.
- Between 2002 and 2017, motorcycle helmets saved more than 25,000 lives.
- A 2016 study by the National Institutes of Health (NIH) found that unhelmeted riders are 3–4 times more likely to die from head injuries, are six times more likely to suffer skull fractures, and face significantly higher odds of traumatic brain injury (TBI).
Your decision not to wear a helmet does not determine who caused the accident. If another driver was negligent and caused the crash, you have the right to seek compensation for your injuries and damages. However, the opposing party may argue that your lack of a helmet contributed to the severity of your injuries, which could impact the amount of compensation you receive.
Arizona Motorcycle Helmet Laws
Arizona’s motorcycle helmet laws are pretty straightforward. Riders and passengers under 18 have to wear helmets—that’s the law under ARS § 28-964. But if you’re 18 or older, it’s your choice. That said, helmets need to meet Federal Motor Vehicle Safety Standard (FMVSS) 218 for proper protection. Even though adults aren’t legally required to wear helmets, skipping one could affect how your insurance claim is assessed, especially if not wearing a helmet makes your injuries worse.
Does Not Wearing a Helmet Affect Fault?
The absence of a motorcycle helmet at the time of an accident doesn’t change who’s liable for the damages. If the other motorist was clearly responsible for causing the accident, you can still seek compensation even if you weren’t wearing a helmet. However, your compensation may be reduced depending on other factors involved.
How Helmet Use Affects Compensation
Insurance companies often scrutinize whether you were wearing a helmet, especially if you sustained head or neck injuries. Their goal is to minimize their financial liability by claiming that your injuries could have been prevented or reduced with proper helmet use. However, not every injury is related to helmet use, and you should not be unfairly penalized for other injuries that have no connection to helmet use.
Arizona operates under pure comparative negligence. You can recover damages even if you are up to 99% at fault, though your compensation will be reduced by your percentage of fault. For example, in cases where head injuries are involved, the amount of compensation you receive may be reduced if it’s determined that wearing a helmet would have lessened the severity of those injuries.
This is particularly relevant in states like Utah, where comparative negligence laws apply.
The role of helmet use is typically considered when assessing the extent of your injuries rather than the cause of the accident. Even if you weren’t wearing a helmet, you can still recover compensation for injuries unrelated to head trauma.
How Not Wearing a Motorcycle Helmet May Affect the Severity of Your Head Injuries
Getting in a motorcycle crash without a helmet significantly increases your chances of sustaining a severe injury, which was proven by a 2016 study conducted by the National Institute of Health (NIH). Here are some of the findings:
- Unhelmeted riders are more likely to have head injuries and are 3–4 times more likely to die.
- Unhelmeted riders sustain more severe injuries, suffer greater disability, require longer hospital stays, and incur higher hospital charges.
- Unhelmeted riders are 6 times more likely to sustain a skull fracture.
- The incidence of traumatic brain injury (TBI), which includes the spectrum from concussion to intracranial hemorrhage, was significantly higher among unhelmeted riders.
- Unhelmeted riders had significantly higher odds of TBI, skull fracture, or any head injury, compared to helmeted riders.
The most effective way to reduce these risks is to wear a motorcycle helmet that meets national safety standards.
Common Injuries from Not Wearing a Helmet
Motorcycle accidents can cause a wide range of injuries, many of which are more severe when helmets are not worn:
- Road rash
- Fractured or broken bones
- Foot and leg injuries
- Head and neck injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Abdominal injuries
- Hand and arm injuries
- Bruising and swelling
- Burns
- Muscle injuries
Wearing a helmet significantly reduces the risk of these injuries, but if you were injured while not wearing one, you still deserve fair compensation.
How Does Helmet Usage Affect My Motorcycle Accident Injury Claim?
Every motorcycle claim hinges on the concept of negligence. The party found to be negligent or at fault for the crash is responsible, or liable, for covering the damages. Insurance companies will look for various factors to help determine liability. Here are some questions they might ask:
- Was speed a factor in the accident?
- Did a driver make a turn without looking for oncoming traffic?
- Was a driver driving distracted?
- Were drugs or alcohol involved in the accident?
- Were any citations issued at the scene?
- Were you wearing a helmet?
Wear a helmet every time you ride a motorcycle, and make sure it meets national safety standards for protection.
How Our Phoenix Motorcycle Accident Lawyers Can Help
If you get in a motorcycle accident without a helmet and don’t sustain any head injuries, your liability and compensation shouldn’t be affected. Even if you had been wearing a helmet, it wouldn’t have made a difference.
Unfortunately, insurance companies will still try to place the blame on you and cheat you out of rightful compensation if you weren’t wearing a helmet at the time of the accident. The good news is that with sufficient medical records and other evidence, insurance companies can’t tie your injuries to helmet use. Medical records show the absence of a head injury and prove any other injuries you sustained weren’t caused by not wearing a helmet.
Reliable Litigation Services With Esquire Law Firm
At Esquire Law, we know that every motorcycle accident is unique. We are committed to helping you understand your legal options and building a strong case that considers all the factors involved—including the role of helmet use. Our Phoenix motorcycle accident lawyers will gather evidence, consult with medical experts, and negotiate with insurance companies to maximize your compensation.
Whether you were wearing a helmet or not, you deserve fair compensation if someone else’s negligence caused your injuries. Contact our team today for a free case evaluation, and let us help you move forward with confidence and peace of mind.