Wearing a helmet offers the best protection against injury or death, but state motorcycle helmet laws vary widely. Including Indiana, 27 states require only some riders to wear helmets. Another 20 states require helmets for all riders, while three states have no helmet requirement.
Indiana does not have a universal helmet law. The statute reads:
“An Individual less than eighteen (18) years of age who is operating or riding on a motorcycle shall do the following:”
“(1) Wear protective headgear meeting the minimum standards set by the bureau.”
“(2) Wear protective glasses, goggles, or transparent face shields.”
A helmet and protective eyewear are no guarantee of surviving a crash or escaping injury, but ample independent studies have proven they save lives and mitigate injury. Even with a helmet and goggles, glasses, or visor, brain injury, loss of limb, paralysis, motorcycle road rash, broken bones and other injuries are common.
If you were injured in an Indiana motorcycle accident, you can bet the other driver’s insurance company will investigate whether or not you were helmeted. Although helmets are not required in Indiana for adults, not wearing one could be construed as negligence in a personal injury claim. Indiana is a comparative fault state, so you can still bring a claim, but your compensation would be reduced by your degree of fault.Even if the victim is under 18 and not helmeted at the time, he or she can collect some damages when another driver or person shares fault for the injury.
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For more information about Indiana helmet law or your motorcycle injury claim, contact Indianapolis motorcycle crash attorney Randy Sevenish for a free consultation. We represent bikers (and their passengers) throughout Indiana.