What If I Wasn't Wearing A Helmet?
Even if you were required by law to wear a helmet, not wearing one does not take away your rights. However, if you were required to wear one and you suffered head injuries in your accident, you may not recover as much money as you otherwise would have. A jury may decide that you are partially responsible for the injury and reduce your winnings by the amount of fault you bear. This is known as Comparative Fault. Your percentage of any settlement or verdict shall be reduced by your percentage of fault. In Indiana, should the evidence show the bicyclist to be fifty-one per cent or more at fault, the bicyclist cannot recover anything regardless of his or her injuries.