Arizona law when it comes to using motorcycle helmets is confusing and, many would argue, unfair to those who ride. Many states require riders to wear helmets. In those states that have this requirement, it is not surprising that the failure to wear a helmet will decrease or eliminate the ability to make a claim against an at-fault driver for personal injuries suffered in a motorcycle accident.
Arizona, however, has laws that complicate the issue. On the one hand, riding without a helmet is legal. On the other hand, if another driver causes an accident and that driver is negligent, it can still be used against the rider who did not cause the collission.
How Can the Injured Rider Still Receive Full and Fair Compensation
As in every motor vehicle or motorcycle accident case, the person who was hurt must first prove that the other driver caused the collission. However, one that is established and all elements of a personal injury claim are proven, the "burden of proof" switches to the at-fault driver to prove that the motorcycle rider chose not to use an available helmet, AND that the helmet, if worn, would have prevented the injuries suffered.
It is on these points that the battle is often fought. Helmets save lives, and they prevent injury. However, helmets do not always save lives, and they certianly do not prevent all serious head injury. Hiring the right medical and helmet experts to help determine what injuries would or would not have been prevented and forcing the at-fault driver to prove their case if they are going to try to avoid their legal responsibility is a crticial part of protecting the rights of someone injured in a motorcycle accident in Arizona.
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