In Arizona, motorcycle riders 18 and over are not required to wear a helmet.
However, if an operator or passenger is injured, and not wearing a helmet, in a personal injury case, a jury may consider whether, under certain circumstances, the nonuse of the helmet should reduce the amount of damages that the injured motorcyclist may receive.
The defense has to prove that use of a helmet would have prevented specific injuries, if so the injured person’s damages that are awarded may be reduced.
Traumatic brain injury can be caused by an injury or blow to the head. Physical symptoms of brain injury may include loss of consciousness, being dazed, headache, nausea, sleep dysfunction, dizziness, or loss of balance.
Sensory symptoms may include ringing in the ears, blurred vision, or sensitivity to light or sound.
Mental or cognitive symptoms may include memory or concentration deficits, there may be emotional changes, including depression, anxiety.
A helmet may not eliminate traumatic brain injuries, and long term cognitive, emotional and physical symptoms and consequences.
An injured motorcyclist may have claims for his or her injuries, permanent injuries, lost income and medical bills since the collision, and for the future.
When determining fair and reasonable damages in a personal injury case it is important to evaluate how the injuries have affected the injured person’s activities, employment, family life, and his or her quality of and enjoyment of life.