Section 28-964 of the Arizona Revised Statutes defines motorcycle and helmet laws for motorcycle riders and passengers in the state of Arizona. However, these laws only apply to people who are under the age of 18 years. An operator or passenger who is “under eighteen years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner,” as defined under the law. Full text of this law includes other safety equipment requirements for motorcycle users in the state of Arizona.
Any motorcycle rider or operator over 18 years of age isn’t required to wear a helmet under Arizona law. However, it does not discourage them to wear a safety helmet because it is always a good idea to wear one to avoid injuries in case of an accident. Wearing a helmet or other protective gear will not only protect your health, but it can also protect your legal rights when the need arises.
When a motorcycle rider or passenger under the age of 18 years is injured as a result of violating Arizona’s helmet law, the state’s “pure comparative fault” rule kicks in. As per this rule, the damages that might be awarded to the injured person from the at-fault driver will be decreased as the injured motorist or passenger was in violation of the law. This is referred to as shared negligence under Arizona’s law.
If the injured motorcycle rider or passenger was over the age of 18 years, they can still be held liable for failing to wear a helmet, even though they are not required to wear one by law. They may be held partially negligent for not wearing a helmet, irrespective of what the law says. However, the only assurance in this case is that the fault percentage assigned to the injured person will be much lower for a rider over 18 years not wearing a helmet, as compared to a minor rider or passenger who violated the law by not wearing a helmet or protective gear and was injured.
A.R.S. 28-964 explains the rules and regulations for all-terrain vehicles, motor driven cycles, equipment, exceptions and prohibitions in 3 sections:
Author Bio:
Our Kansas City Personal Injury Lawyer has dedicated their lives to the craft and stand by your side throughout the entire case, should you have any questions or concerns about the process.
Fill out the form below to recieve a free and confidential intial consultation.
Click here for important legal disclaimer.
Multi-Million Dollar
Advocates Forum
Million Dollar
Advocates Forum
10.0 Superb Rating
AVVO
AV-Highest Rated
Preeminent Lawyers
Martindale-Hubbell
Nation's Top 1% Attorney
National Association of Distinguished Counsel
Super Lawyer
Top 100 Trial Lawyers
American Trial Lawyers Association
Top 100 Lawyer
American Society of Legal Advocates
Charter Member
Trial Masters
Sustaining Member
Arizona's Finest Lawyers
Lifetime Charter Member
Best Attorneys of America
Fellow Member
American Bar Foundation
Sustaining Member
Arizona Trial Lawyers Association
Member
American Association for Justice
Top Valley Lawyer
North Valley Magazine
Member Since 1989
American Bar Association
Lead Counsel Rated
Lead Counsel
0 Comments