No. Motorcycle crash victims have the right to file an insurance claim or personal injury lawsuit to pursue compensation for damages, regardless of whether they were wearing helmets at the time of the accident. This is true even if the injured motorcyclist was younger than 18 and required by Indiana law to wear a helmet when riding a motorcycle.
However, that's not to say that motorcyclists without helmets who sustained injuries in a crash should expect to sail smoothly through the insurance claims or personal injury litigation process. While failing to wear a helmet doesn't preclude a rider from seeking compensation for accident-related injuries, it may have an impact on what they're able to recover.
For example, insurance companies or juries may decide that by not wearing the appropriate safety gear, the motorcyclist contributed to his injuries and is thus entitled to a smaller settlement or financial award. This is particularly true in cases where the primary injury was to the head or brain.
A reputable personal injury lawyer with experience handling motorcycle accident claims and lawsuits knows just how to help their clients bypass these harmful assumptions. Even if riders weren't wearing a helmet, they can still seek damages for a wide range of economic and non-economic losses, including:
- Past and future medical expenses
- Motorcycle repair or replacement costs
- Lost wages
- Pain and suffering
- Permanency of injury
- Inability to function as a whole person
- Loss of enjoyment of life
Do You Need a Motorcycle Injury Lawyer?
If you were injured in a motorcycle accident and are considering submitting an insurance claim or taking legal action, having the representation of a lawyer you can trust to have your best interests at heart is essential. A motorcycle enthusiast himself, Sevenish Law's Randy Sevenish has knowledge and experience you can count on.
Contact Sevenish Law's Indianapolis law office today to schedule a no-cost initial consultation. Also request a free copy of the ebook, Indiana Motorcyclist Guide: Protecting the Biker 101 for more information.