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Discussion Starter #1
I live in a mandatory helmet state, occasionally ride without in a non-mandatory state. I don’t drink, smoke or use drugs – I ride a lot for a New England boy however. 20-25k a year.

In a recent message it was stated:

In Arizona if your head is injured in an accident and it can be proven that a helmet would probably have reduced or prevented the injury you may be prevented from receiving any money from the other driver even though he caused the accident.

This law is not in any statute but was a court decision. It has not been widely reported in the papers and few motorcyclists are aware that not wearing a helmet may result in their not being able to collect any money for serious head injury.

If the law states it is legal to ride without a helmet – then it is legal.

Let's look at a few other scenarios utilizing the Arizona court's thought process:
You had 2 beers, you are hit by someone who wasn’t drinking. In the thought process above you receive no compensation because you had a drink. Drinking impairs your judgment.

You are at a stop light talking on your cell phone built into your helmet. Someone slams into the back of you. They have no cell phone. You receive no compensation because talking on a cell phone has been proven to impair a driver’s/rider’s awareness as much as drinking. Currently in most states it is legal to talk on a cell phone while driving.

Your are riding a brand new 1800 in traffic going through an intersection. Some former Governor/Congressman drives right through the stop sign and hits you and the car behind you. The auto driver cracks his head open and has serious head injuries. You have a concussion and a paralyzed neck. (with or without a helmet) Insurance pays all the auto drivers compensation but none of yours. You have no rights because you are just a biker and know it is a dangerous sport.

When you allow any intrusion on your rights or anyone else’s then they will take all your rights. Bikers do more for people than any other group and are the least appreciated.

I, Wendell Davis, am a TV producer working to promote motorcycle safety and awareness. Want to help. E-mail me.

[email protected].
 

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WingAway...

This "so-called" unwritten AZ helmet law is nothing but a local biker attorney's propaganda, because he wasn't prepared and got his ass kicked in court by an insurance lawyer.

Many of the "so-called" motorcycle attorneys here in AZ are nothing but scam artists, and will not take on a client unless they have an absolutely clear cut case that they know will never see the inside a court room. I have several friends who can attest to this fact!

RodeHard
 

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Discussion Starter #3
We need to stand up

It just goes to prove as a group we need to stand up for all our rights.

Ride safely.
Wimgaway
 

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Case Law

Ok, a little basic law 1A.

The law that you are referring to is called 'case law'. Case law is where a court creates a law rather than the legislator. It is just as binding, but more subject to change due to other new laws.

So, yes, it is a real law and yes it does apply to everyone in AZ.

Point of note: I was in AZ this summer and I felt like I was the only one there with a hard hat on.

Grape
 

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NY State is a "NO FAULT" State for insurance purposes. However, Motorcycles are excluded from the "No Fault Claim" provision, in any accident involving another motor vehicle.

I would say "don't ask me how I know", However I have all the experience a man can stand in this area. And I would be happy to share my horror.

Without a doubt, there is a disparity in the insurance law of NYS, and motorcycle riders are definitely discriminated against.

Bulldog
 

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I was in a car/motorcycle accident four years ago in Tucson, Arizona. A cager pulled out of a parking lot right in front of me and I T-boned her. No time to react; I didn't even have time to hit the brakes. My injuries were a broken kneecap, a broken metacarpal bone in one hand, and some deep cuts. I was *not* wearing a helmet.

There was never a question over who was at fault - the cager was cited. She had insurance, which completely covered the damage to my bike, my missed work, all of my medical expenses and physical therapy, and a fair settlement for my "pain & suffering." No one - not the cops, not the paramedics, not the insurance company - said anything about me not wearing a helmet.

Maybe it would have been an issue if I'd bonked my head or tried to sue the insurance company for a larger settlement - I don't know. I think I had a "lucky" accident.

To the self-righteous: Yes, I should have been wearing a helmet. I congratulate you on always wearing yours. And no, I won't ask to go riding with you, so don't bother to tell me about your personal policies.
 

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Having recently T-boned a car that ran a stop sign I pass on my opinion here. If I were not wearing a helmet I would be dead. If it was not a full coverage helmet I would be eating through a straw for the rest of my life. Ohio does not require a helmet, I always wear one and you can guess my opinion of those that do not. Because I was wearing safety gear the final insurance payout will be in the 10's of thousands. If I was not wearing a helmet it could be in the 100s of thousands. Why should others pay higher insurance rates because I did not choose to follow common sense and use an accepted piece of safety gear, same as wearing a seat belt. If this makes sense to you and you still don't like it then you can extrapolate other safety precautions to the point of saying getting up in the morning makes you culpable. At this point helmets and seat belts alone could be considered. The padded jacket saved me a lot of pain also.

If your state gives you the choice then why should they not hold you responsible for the choice you make? If you cannot muster the common sense to wear a helmet, then how can you hope to make an argument against them.

So.... If you do not want to wear a helmet then justify away. Make sure you put your arguments in writing so your wife and children can find comfort in knowing that not wearing a helmet was more important to you then living a long life together with them.
 

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I am not self rightous about helmet use. Wear it or not if you want.

My wife and I wear our full face helmets here in AZ. Even in the summer.

Since we bought the wing in Sept of 2004 we only saw 104 on the temp display while on the freeways here in the valley of the sun.

I will admit I was tempted to remove the ol helmet at times.

As with most lawyers you must listen vary carefully to their words. They often use words like; "may, intent, intention, a document attempts to".

Case law is often only good if someone brings it up in court.

I am not lawyer & do not play one either.. ;)
 
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