Motorcycle helmet laws vary state-by-state. In Indiana, under Indiana code §9-19-7-1, only motorcyclists under the age of 18 are required to wear helmets. While a portion of adult riders opt for helmets, many do not, opening the door for additional risks in the event of an accident. If you or a loved one have been involved in a motorcycle crash involving a serious injury or fatality, you’ll need to be aware of the potential ramifications if the rider and/or passenger were not wearing head protection.

In the Hoosier State, not wearing a helmet can potentially affect a personal injury lawsuit, but it will depend on several factors, including the specifics of the incident, extent of damages, and how much a helmet would have potentially prevented injuries. Because some of these elements can inject complexity into a claim, a no-helmet accident will require the expertise of a skilled motorcycle accident lawyer who is familiar with these types of cases.

Another significant factor that would apply is Indiana’s modified comparative fault rule, which states that courts can reduce compensation if a party is found to be partly responsible for their injuries. Therefore, if someone wasn’t wearing a helmet and the defense can prove this contributed to the severity of injuries, a rider’s compensation could potentially be reduced. For example, if the court finds that the failure to wear a helmet contributed 30% to an injury, the award would be reduced by that amount.

There may also be instances when not wearing a helmet would be deemed irrelevant, such as when a rider breaks an arm or leg. However, insurance companies and defense attorneys will always closely scrutinize the relationship between helmet use and the type of injuries and will try everything possible to make a connection to reduce their financial exposure.

While Indiana law does not mandate helmet use for adults, failing to wear one could still play a role in how much compensation one would receive if it contributes to injuries. Because of the vulnerability of motorcyclists, the resulting injuries from these accidents can be incredibly severe. For this reason and others, it is always good idea to stay as protected as possible when riding a motorcycle.

If you or a loved one have been involved in a motorcycle accident and have questions, contact one of our personal injury attorneys to discuss your options. We have over a century of combined experience and work on a contingency basis, meaning there is no cost to our clients unless we reach a settlement or jury verdict award on their behalf.

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