To Wear or Not to Wear? Navigating Arizona's Helmet Law

According to police in Mesa, Arizona, 11 out of the 13 fatal motorcycle crashes handled in the city in 2024 involved riders who weren’t wearing helmets.

This startling statistic begs the question: Does Arizona have a helmet law? The short answer is yes, there are helmet requirements in Arizona for motorcyclists, but this AZ helmet law is specifically for operators who are under 18 years old. There are also exceptions for minors who are engaged in agricultural work on a motorcycle.

That said, a biker is typically free to ride a motorcycle without a helmet in Arizona in most circumstances. Just because the law doesn’t restrict this behavior doesn’t mean that it doesn’t have consequences, though. Learn more about what to expect if you get involved in a crash without a helmet below.

Legal Consequences of Not Wearing a Helmet in Arizona

With so many riders not wearing helmets, it’s natural to wonder if there is a helmet law in Arizona at all.

Yes, the current Arizona helmet law makes it clear that drivers and passengers who are over the age of 18 do not need to wear a helmet. In other words, the driver can’t face legal consequences like a traffic violation ticket or a fee for riding without a helmet or getting into a helmet-less crash.

There is an important section of Arizona’s Revised Statute 28-964 that requires other types of motorcycle safety gear, though. All riders must wear approved protective glasses, goggles, or a transparent face shield unless the bike has a protective windshield.

How Helmet Use Impacts Accident Compensation

Despite lenient Arizona motorcycle helmet law requirements, there are still other types of consequences you could face for this type of risky behavior. For one, you run a greater chance of suffering a severe injury when you’re not wearing a helmet. For another, not wearing a helmet will impact a motorcycle accident claim. The amount of compensation you can file for will likely be limited or reduced.

Under Arizona's comparative negligence rule, if a rider sustains head injuries in an accident and was not wearing a helmet, the defense may argue that the lack of a helmet contributed to the severity of the injuries. This could result in a percentage of fault being assigned to the rider, reducing the compensation they are eligible to receive.

For instance, if a court determines that the rider's decision not to wear a helmet contributed 20% to the severity of their injuries, their compensation would be reduced by that same percentage. This means that if the total damages were $100,000, the rider would only receive $80,000.

For example, in Warfel v. Cheney, a motorcyclist in Arizona was rear-ended while stopped at a red light and was not wearing a helmet at the time. Although the defendant admitted fault for causing the crash, the court allowed the jury to consider whether the motorcyclist’s failure to wear a helmet contributed to the extent of his injuries. This case established that Arizona courts may apply the “helmet defense”, reducing the injured rider’s compensation if it’s proven that not wearing a helmet worsened the injuries sustained in the crash.

Statistics from the National Highway Traffic Safety Administration show that around 66% of bikers used DOT-compliant motorcycle helmets in 2023. There’s a big reason for this, and it’s because wearing a helmet is one of the most basic motorcycle safety tips you should follow. Helmets play a massive role in traumatic brain injury prevention. Without a helmet, bikers are very likely to get thrown from their bike in a crash and hit their head. That said, helmet use and injury prevention go hand in hand.

When you opt not to wear a helmet and you get into a serious crash, you assume a percentage of fault in the severity of your injuries, even if you weren’t at fault for the crash. That said, legal and financial liability might be split between you and the person who caused your crash if you file a motorcycle accident insurance claim after a helmet-less crash.

The good news is that not wearing a helmet will not disqualify you from being able to file for compensation. Arizona’s pure comparative negligence policies make it possible for injured individuals to file for compensation even if they’re partially to blame. However, your compensation may be reduced based on your perceived percentage of fault in the situation.

Common Misconceptions About Arizona’s Helmet Law

According to the Governors Highway Safety Association, 54% of bikers who were fatally wounded in motorcycle accidents throughout 2022 were not wearing helmets. This fact alone makes many Arizona residents falsely assume that helmets are a requirement for all riders. This isn’t a statewide requirement.

Another misconception is that not wearing a helmet means you will be barred from pursuing any type of compensation for your injuries. That’s far from the truth. You can still seek out compensation when someone else caused or contributed to the accident.

The helmet law in Arizona is fairly straightforward. You can find a full overview of Arizona motorcycle helmet laws, A.R.S. 28-964, on the state government’s website.

When to Contact an Arizona Motorcycle Accident Attorney

In short, you’re only obligated by law to wear a helmet if you’re under 18. Otherwise, do you have to wear a helmet in Arizona is your choice. That said, you shouldn’t need to contact motorcycle accident lawyers in Arizona to defend you from any type of ticket or violation.

You will want to consider reaching out to Phoenix motorcycle accident lawyers if you get into a crash, though. This is especially true if you wind up with injuries.

The good news is that you’re never out of hope or options, even after a crash. Here at Kermani LLP, our team has been assisting injured clients recover the funds they need to heal since we established our firm in 2011. We’ll take care of the legal aspects of your motorcycle accident claim: investigate what happened, collect evidence, document your losses, properly value your losses, file your official claim, and negotiate with the other party. 

If the other party is unwilling to make a fair deal, then you’ll want to ensure our lawyer is prepared to take your case to court to secure justice. We’re confident that we can help you review your Phoenix motorcycle accident case and determine your options for recovery. We’re ready to advocate for you to the fullest of our ability.

Schedule a free, confidential phone call with our office now by leaving your contact details on our online form, or you can reach out to us directly at (855) KERMANI.