Does Arizona have a motorcycle helmet law? Yes, but it only applies to motorcyclists under 18. Arizona gives adult motorcyclists and passengers the freedom to choose whether to wear a helmet or not.
However, the potential consequences of not wearing a helmet are severe. In addition to a higher risk of catastrophic injuries, the compensation available through a personal injury claim may be reduced if you do not wear a helmet. On this page, the skilled attorneys at Feller & Wendt, LLC™, explain what you need to know about Arizona motorcycle helmet laws.
What Are Arizona’s Current Motorcycle Helmet Requirements?
Under ARS 28-964, only some motorcycle riders are required to wear a helmet. You may have the option to ride without one based on your age, where you’re riding, and the type of vehicle you have.
Age-Based Requirements
If you are under 18, you are legally required to wear a helmet while riding a motorcycle in Arizona. Law enforcement can issue citations to motorcycle operators aged 16 or 17 who hold a driver’s license or learner’s permit and are not wearing a helmet.
Passenger Helmet Requirements
Adult passengers can choose whether to wear a helmet. However, law enforcement can issue citations to motorcycle operators if a passenger is younger than 16 without a helmet.
Exceptions and Special Circumstances
There are a few exceptions to Arizona motorcycle helmet laws, including the following:
- Three-Wheeled Vehicles: Electrically powered three-wheeled vehicles or those with an enclosed cab for operators and passengers are exempt.
- Agricultural Use: Motorcycles or ATVs used as farm or agricultural vehicles are exempt when the operator or passenger is engaged in agricultural work.
- Private Property: Helmet requirements do not apply when operating a motorcycle, ATV, or motor-driven cycle on private property.
How Does Not Wearing a Helmet Affect Your Legal Rights?
In addition to your safety, not wearing a helmet can also impact auto insurance claims, personal injury compensation, and your options if you decide to take legal action after an accident.
Impact on Insurance Claims and Compensation
When another party causes your motorcycle accident, you can file a claim through their insurance company to compensate you for your losses, including medical bills, pain, and suffering.
Unfortunately, insurance adjusters may try to deny your claim or pay less because you did not wear a helmet. Insurance companies will argue that you would not have been injured or the injury would not be as severe if you wore a helmet.
Comparative Negligence Considerations
The Arizona comparative negligence law applies to personal injury cases. This means motorcycle accident victims can file a claim for compensation even if they are partially at fault for the crash. However, the amount they receive is proportionately reduced by the percentage of fault assigned to them.
In helmetless motorcycle accident claims in Arizona, compensation may be reduced if there is evidence that wearing a helmet would have prevented the injuries. In some cases, the available damages you recover could be significantly diminished.
What Safety Equipment Should Arizona Motorcyclists Use?
While adult motorcyclists in Arizona don’t have to wear a helmet, doing so significantly reduces the risk of catastrophic injuries and death. Other equipment and proactive measures can also keep you safe on the road.
Choosing a DOT-Certified Helmet
If you decide to wear a motorcycle helmet, it should meet Federal Motor Vehicle Safety Standard (FMVSS) No. 21 and be labeled accordingly.
Required Eye Protection Options
Arizona law requires motorcycle operators to wear protective glasses, goggles, or a transparent face shield while riding. An exception exists when the motorcycle or ATV is equipped with a protective windshield.
Additional Recommended Safety Gear
In addition to a helmet and eye protection, the Motorcycle Safety Foundation (MSF) recommends additional gear to keep riders safe, including:
- Full-fingered motorcycle gloves
- Jackets made with abrasion-resistant fabrics
- Heavy boots that go over the ankles
- Hearing protection for engine noise
- Brightly colored gear for visibility
Basic Maintenance Requirements
Maintaining your motorcycle helmet and protective gear will also help you stay safe. To keep equipment performing optimally:
- Regularly clean your helmet, including the face shield and inner lining.
- Store your helmet and other safety gear carefully.
- Ensure helmet straps and buckles are working properly.
- Replace worn or damaged helmets and gear.
How Can Feller & Wendt, LLC™Help With Your Arizona Motorcycle Accident Case?
If you were injured in a crash, our Arizona motorcycle accident lawyers can help you claim compensation. With a 99 percent success rate, millions of dollars in case results, and glowing client testimonials, you can trust us with your case.
We have decades of experience handling motorcycle injury claims, including no-contact motorcycle accidents, U-turn motorcycle crashes, and more. Let us put skills and resources to work for you. Call (480) 702-2277 or contact us online to schedule your free, no-obligation consultation.
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*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
