Not all motorcyclists in Tucson are required to wear protective headgear, although it is recommended. Severe head trauma is one of the most common motorcycle accident injuries. In the event of a crash, all riders can benefit from wearing a helmet.
If you are interested in how the motorcycle helmet laws in Tucson can impact your accident claim, speak with one of our knowledgeable attorneys today. At Zanes Law, our team can help you stay informed about the legal statutes that may be relevant to your case.
Under Arizona Revised Statute § 28-964, motorcyclists and passengers between the ages of 16 and 18 must wear helmets. Additionally, all riders, regardless of age, are required to wear eye protection. This can include glasses, goggles, or a face shield. Motorcycles over the age of 18 are not obligated to wear helmets.
The United States Department of Transportation and the National Highway Transportation Safety Administration (NHTSA) set motorcycle helmet standards. If a manufacturer wants their helmet to be endorsed by the NHTSA, it must meet the qualifications detailed in 49 Code of Federal Regulations § 517.218. This law only refers to headgear manufactured for on-road use.
Motorcyclists should note that the NHTSA does not test helmets against these federal standards before certifying them as safe for use. Manufacturers are only required to self-report that their helmets meet the guidelines.
After a manufacturer’s product has been certified, the NHTSA will conduct several tests on randomly selected helmets. These tests address the headgear’s resistance to impact and penetration. The agency also examines the strength of the straps and buckles.
For every helmet that fails the NHTSA’s tests, the manufacturer will have to pay a $5,000 fine. A seasoned accident attorney could provide motorcyclists with more information about the legal standards for helmets.
Though it is not mandated by law, the attorneys at Zanes Law urge all motorcyclists to wear helmets, regardless of age. In any motorbike wreck, the rider will likely hit their head on the ground, the other vehicle, or another object.
Given the speed at which many motorcycle accidents happen, the rider’s probability of sustaining a traumatic brain injury is high. Wearing a helmet can significantly reduce the likelihood of suffering severe head trauma in a collision.
The courts in Tucson use comparative negligence to determine how much compensation the accident victim will receive. This means if the at-fault party successfully argues that the injured motorcyclist is partially responsible for their damages, they may receive a reduced amount of compensation.
If the accident victim was not wearing a helmet during the wreck, the negligent driver might argue that they are not liable for the plaintiff’s head injuries. Common injuries that negligent motorists attempt to deny responsibility for include:
An injured motorcyclist should not lose hope in their case solely because they were not wearing a helmet at the time of the accident. A skilled attorney could argue that the accident victim did not commit a traffic violation, as wearing protective headgear is not mandated by law in Tucson.
The motorcycle helmet laws in Tucson can be complicated if you are not familiar with the federal statutes governing safety protection. If you were not wearing protective headgear when the accident took place, you should contact an attorney right away.
The opposing party will likely argue that you are partially responsible for your damages, even if they are entirely at fault for the collision. Contact Zanes Law today to schedule a case consultation and discuss how we could handle your claim.