If you were not wearing a helmet during your motorcycle accident, you could face very serious injuries. Helmets are designed to keep you safe on your bike, and failing to wear one can expose you to more severe injuries.
However, just because you were not wearing a helmet does not mean that the accident was your fault. A third party could still be liable for your suffering depending on the details of your case.
Injuries From Motorcycle Accidents
Motorcycle accidents can result in serious physical injuries. Common injuries could include:
- Cuts, scrapes, burns, abrasions, and other damages due to friction from road impact
- Injuries to the head and neck including concussions, whiplash, traumatic brain injuries (TBI), and more
- Spinal cord injuries
- Broken bones or dislocations
- Loss of limbs
- Internal bleeding, including possible organ damage
If you were not wearing a helmet during your motorcycle accident, you are more likely to experience head injuries, according to the Centers for Disease Control & Prevention (CDC).
In addition to physical injuries, you could experience other forms of hardship from a motorcycle accident including emotional trauma, financial loss, and more.
Is it Illegal to Not Wear a Helmet in Indiana?
According to the State of Indiana, motorcyclists are not required to wear a helmet. However, Indiana state law does require riders under the age of 18 and those in the process of acquiring their license to wear helmets.
Can I Still File a Claim or Lawsuit if I Wasn’t Wearing a Helmet?
Even if you were not wearing a helmet at the time of your motorcycle accident, you could still have legal options. Whether or not you were wearing a helmet does not mean that your injuries were directly your fault.
If another party was responsible for your injuries or suffering, they could be liable for damages following a successful claim or lawsuit. Damages in motorcycle accident cases could include reimbursement for property loss, medical expenses, lost wages, emotional suffering, and more.
A lawyer can help you build a case for compensation. Though the other party may try to claim that they aren’t liable for your damages if you weren’t wearing a helmet, a lawyer can help you prove that you are still owed a fair financial recovery.
Causes of Motorcycle Accidents in Indiana
Motorcycle accidents can happen for a plethora of reasons, and no two accidents are quite the same. Some forms of driver negligence that could have led to your accident include:
- Driver impairment: The Insurance Information Institute (III) notes that alcohol played a role in 28% of all vehicle crash deaths in 2019. Driving under the influence is illegal, dangerous, and could have contributed to your accident.
- Reckless driving: Reckless driving describes any careless or reckless act on the road. This could be speeding, changing lanes without a signal, failing to obey traffic signs, and more.
- Distracted driving: Unfortunately, the increasing prevalence of technology in our lives has resulted in new forms of distracted driving. If another vehicle operator was using their phone, looking away from the road, talking to a passenger, or engaging in any other form of distracted driving, you could have a case.
- Inexperience: Inexperienced drivers can be at a greater risk of accident and injury. Additionally, if other drivers on the road are inexperienced this can put you at risk as a motorcyclist.
- Mechanical issues: In order to ride safely, you expect vehicles on the road to operate as they are intended. If a mechanical failure, oversight, or lack of inspection led to an accident, this could be grounds to file a claim.
- Much more
Third-Party Liability in Motorcycle Accidents
If you were involved in an accident, regardless of whether or not you were wearing a helmet, proving third-party liability is essential if you choose to file a claim. Hiring a lawyer can help you scour for evidence of the other driver’s negligence and prove liability for your case.
To gather this evidence, a lawyer can use sources such as the police report, witness statements, surveillance camera footage, and more.
How Long Do I Have to Take Legal Action?
The statute of limitations for Indiana personal injury cases is two years (IC § 34-11-2-4). The clock could start ticking from the time of your accident, or from the time you notice any resulting injuries. Bringing a case within your legal window is important if you want a fair shot at justice and compensation.
A lawyer can help you determine exactly how much longer you have to initiate a personal injury lawsuit if you are thinking of taking action.
Contact Sevenish Law Firm, P.C. Today
As the victim of a motorcycle accident, you could have legal options. At Sevenish Law Firm, P.C., Randy Sevenish is the Lawyer Who Rides. Our firm understands a motorcyclist’s perspective and will use our experience to seek the best possible results for you.
To learn more, call for a free, no-obligation consultation with one of our team members.
