Arizona doesn't require adult riders to wear helmets. Under A.R.S. § 28-964, helmets are only mandatory for riders under 18. Adults may ride without one legally — but that doesn't mean the absence of a helmet is irrelevant to an injury claim.
How helmet use affects your case
Arizona's pure comparative fault rule (A.R.S. § 12-2505) means your damages are reduced by your percentage of fault, but you can still recover even if you were partly responsible for your own injuries. Insurance adjusters will argue that not wearing a helmet worsened your head or brain injuries and try to assign you a portion of fault on that basis. How much that argument succeeds depends on the specific injuries you suffered, whether a helmet would have prevented or reduced them, and how aggressively your attorney pushes back on the fault attribution.
If your injuries had nothing to do with your head — broken bones, road rash, internal injuries — the helmet argument doesn't apply. If you did suffer head trauma, the analysis gets more case-specific.
Eye protection is required
While helmets are optional for adults, eye protection is not. A.R.S. § 28-964 requires all riders to wear protective eyewear (goggles or a face shield) unless the motorcycle is equipped with a windscreen. Riding without eye protection is a statutory violation that can be used against you.
What a motorcycle crash claim can recover
Medical expenses past and future, lost wages and reduced earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life are all recoverable. Motorcycle crashes frequently produce severe injuries — traumatic brain injuries, spinal damage, fractures — that translate into significant future medical costs, which are often the largest component of a settlement or verdict.
The filing deadline
Arizona gives most personal injury victims two years from the accident date to file (A.R.S. § 12-542). See our post on the Arizona personal injury statute of limitations for exceptions.
Our motorcycle accident attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.