Indiana’s helmet law is more limited than many people realize. Only motorcycle riders and passengers under the age of 18 are required to wear helmets under state law. Adult riders can legally choose whether to wear a helmet, and thousands make that choice every day on Indiana roads, but just because you can ride without a helmet doesn’t mean that decision won’t affect your injury claim after an accident. Insurance companies often use the lack of a helmet to argue that you contributed to your own injuries, even when another driver caused the crash.
What Indiana Law Says About Motorcycle Helmets
Indiana Code 9-19-7-1 requires helmet use only for riders under 18 years old. Adult riders face no legal penalty for riding without one. The law also requires all riders under 18 to wear protective eyewear unless the motorcycle has a windscreen. Unlike states with universal helmet laws, Indiana treats this as a matter of personal choice for adults. You won’t get a ticket. You won’t face fines. But that legal freedom creates complications when you’re injured in a crash that someone else caused.
How Insurance Companies Use Helmet Laws Against Riders
Defense attorneys and insurance adjusters know Indiana’s helmet law. They also know how to twist it. Even though you had every legal right to ride without a helmet, they’ll argue you made your injuries worse by not wearing one. This falls under comparative fault principles. Indiana follows a modified comparative fault system. If you’re found to share any blame for your injuries, your compensation gets reduced by that percentage. If you’re more than 50% at fault, you recover nothing. Here’s how this plays out in helmet cases:
- You suffer a traumatic brain injury in a crash caused by a distracted driver
- The insurance company admits its driver ran a red light
- But they claim your TBI would have been less severe with a helmet
- They argue you should be 40% at fault for the extent of your injuries
- Your $500,000 claim becomes $300,000
Medical Evidence Matters More Than Assumptions
The good news is that insurance companies can’t just assume a helmet would have prevented your injuries. They need medical evidence. An Indianapolis motorcycle accident lawyer can challenge these arguments by bringing in accident reconstruction specialists and medical professionals who can testify about the actual cause of your injuries. Many motorcycle accident injuries wouldn’t have been prevented by a helmet:
- Road rash and soft tissue damage
- Broken bones and fractures
- Internal organ damage
- Spinal cord injuries
- Lower extremity injuries
Even with head injuries, the type and location matter. A helmet protects against some traumatic brain injuries, but not all of them. The force of impact, angle of collision, and specific mechanisms of injury all play a role.
Building A Strong Case After A No-Helmet Crash
If you were injured while riding without a helmet, you can still recover compensation. The other driver’s negligence remains the primary cause of the accident. You didn’t run the red light, drift into another lane, or fail to yield. They did. Documentation becomes critical. Medical records should clearly show the mechanism of injury and which injuries resulted from the collision itself. Accident reconstruction can prove the helmet issue was irrelevant to most of your damages. Witness statements matter. Police reports matter. Working with an Indianapolis motorcycle accident lawyer who understands these cases makes a significant difference. They know how to counter the insurance company’s tactics and present evidence that refocuses the case on the at-fault driver’s actions.
Protecting Your Right To Compensation
Indiana law allows you to ride without a helmet. That choice doesn’t forfeit your right to full compensation when someone else causes a crash. Pavlack Law, LLC has handled motorcycle accident cases involving helmet use questions and knows how to protect riders’ rights against insurance company tactics. If you’ve been injured in a motorcycle crash, getting experienced legal representation helps you navigate comparative fault arguments and fight for the compensation you deserve.
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