Riding a motorcycle without a helmet can be a dangerous decision, even if Indiana does not mandate that adult drivers with appropriate licenses must wear them. Regardless of how experienced and safety-conscious a motorcycle rider may be, they are vulnerable to the unsafe decisions made by others.
Motorcycle riders may end up injured in collisions caused by drivers. When seeking compensation for their collision injuries, motorcycle riders may face claims that their failure to wear a helmet may have contributed to their injuries.
Can motorcycle riders pursue compensation after crashes caused by drivers if they did not have a helmet on at the time of a wreck?
A personal injury claim may be possible
Injured motorcycle riders often ask, “Can I sue if I didn’t have a helmet in Indiana?” The right to compensation is not a black-and-white matter. Indiana acknowledges the possibility of both parties carrying a portion of fault for the incident. Indiana has a modified comparative fault statute that addresses scenarios in which both parties involved in a collision may be partially responsible for the incident.
After an Indiana motorcycle accident with no helmet, a settlement could be possible. While failing to wear a helmet might make an injured motorcycle rider partially responsible for the severity of their brain injuries after a crash, failing to wear a helmet does not necessarily make them at fault for the collision itself. If the driver who caused the collision asserts partial fault due to the lack of a helmet, the courts review the claim and assign a percentage of fault to each party.
Provided that the motorcycle rider carries less fault for the collision than the driver, meaning a portion of fault under 51%, they can typically proceed with a lawsuit against the driver at fault. The courts may reduce the compensation awarded to the rider based on their portion of fault.
However, in a case where the claim of partial fault relates primarily to the failure to wear a helmet, only the compensation for brain injuries may face a fault-based reduction after a successful lawsuit. Compensation for other injuries, such as broken bones, is not subject to a reduction if the motorcycle rider’s only fault in the incident was failing to wear a helmet. Additionally, they can still pursue property damage compensation.
Motorcycle crash compensation claims tend to be complex, especially when the driver at fault tries to blame the motorcycle rider for the incident. Working with an experienced personal injury attorney can help injured riders overcome claims of partial fault and maximize their financial compensation.