Indiana does not require adults to wear a motorcycle helmet when they ride. The motorcycle helmet laws in Indiana require anyone under the age of 17 to wear a helmet when riding. Adults are free to choose whether they wear a helmet.
Research proves that motorcycle helmets save lives and reduce injuries. Studies show that helmets can reduce death by 37 percent. They also reduce head injuries by 69 percent. However, in Indiana, adults can decide for themselves whether to wear a motorcycle helmet.
How Does Wearing a Motorcycle Helmet Impact a Motorcycle Accident Claim?
Even though Indiana does not require adults to wear helmets, many insurance companies argue that the failure to wear a motorcycle helmet falls under the state’s comparative fault laws.
Under Indiana’s comparative fault laws, your fault for causing the accident reduces the amount of compensation for your accident claim. In other words, if you are 30 percent at fault for the motorcycle accident, your compensation is reduced by 30 percent. Some insurance companies argue that a rider contributed to the severity of his or her injuries by not wearing a motorcycle helmet. Therefore, the rider should not be entitled to receive full compensation for all injuries, damages, and losses.
Fault for Accident vs. Severity of Injuries
Your negligence had to have contributed to the cause of the motorcycle crash for this statute to apply. Since you are not breaking the law and the lack of a helmet should not have contributed to the cause of the crash, an experienced Indianapolis motorcycle accident attorney should be able to refute the allegation by the insurance company successfully.
Unfortunately, if the matter goes to a jury, the jury could side with the insurance company. Your attorney can ask the judge to instruct the jury as to matters of law. The judge could even instruct a jury not to consider whether or not you were wearing a helmet when making their decision. However, you cannot be absolutely sure that a jury will listen to the law instead of emotional arguments.
Therefore, contacting an attorney early in your case to work to settle the matter might give you a better chance of receiving maximum compensation if the insurance company tries to use comparative fault to limit your recovery. Our experienced Indianapolis motorcycle accident attorneys have handled this issue in other cases. Let our knowledge and experience be an asset for you.
Contact an Indiana Motorcycle Accident Attorney for More Information
Motorcycle crashes can cause traumatic injuries that result in significant financial losses. Some riders never recover fully from their injuries. If another driver or party caused your motorcycle accident, you deserve compensation for medical bills, lost income, property damage, pain, suffering, and other damages.
If a negligent driver injured you, call our office now for a free consultation. The personal injury lawyers of Poynter & Bucheri fight for the rights of motorcyclists. We believe you deserve to receive full compensation for all damages after a motorcycle crash.
Call 1-800-265-9881 or (317) 780-8000 to schedule your free appointment with an Indianapolis motorcycle accident lawyer.