Were you injured in a motorcycle accident in Indianapolis, IN? You may still have the right to file a personal injury claim for compensation, whether or not you were wearing a helmet at the time. Wilson Kehoe Winingham Injury Lawyers can help you determine your legal options and fight for the money you deserve.
Our personal injury law firm brings over 120 years of combined experience to the table and has recovered millions of dollars across thousands of successful cases. We’ll work hard to help you make the most of your claim, no matter what it takes.
Contact our Indianapolis motorcycle accident lawyers today at (317) 920-6400 for a free consultation.
How Wilson Kehoe Winingham Injury Lawyers Can Help After a Motorcycle Accident in Indianapolis, Indiana
Motorcycle accident cases in Indianapolis, Indiana, can quickly become complicated when helmet use enters the conversation. Insurance companies often try to use the fact that a rider was not wearing a helmet to reduce or deny their claim, even when another driver clearly caused the crash. Having an experienced legal team on your side can make a real difference in how your case turns out.
When you hire Wilson Kehoe Winingham Injury Lawyers, our Indianapolis personal injury attorneys can:
- Investigate the details of your motorcycle accident
- Gather evidence to establish the other driver’s fault
- Work with medical experts to connect your injuries to the crash
- Calculate the full value of your damages
- Push back against unfair helmet-related arguments from insurers
- Handle all negotiations with the insurance company
- File a lawsuit and take your case to trial if needed
Contact us today to set up your free case review. Our Indianapolis motorcycle accident attorneys work on a contingency fee basis, meaning you only pay attorney’s fees if we win compensation for you.
What Does Indiana Law Say About Motorcycle Helmets?
Indiana does not require adults to wear a helmet while riding a motorcycle. Under Indiana Code § 9-19-7-1, only riders and passengers under the age of 18 are required to wear one.
Helmets worn under this law must meet the safety standards set by the U.S. Department of Transportation under 49 CFR 571.218. Riders who are subject to the helmet requirement must also wear approved eye protection. For everyone else, eye protection is still required anytime the motorcycle does not have a windscreen.
While adult riders are legally free to ride without a helmet, that decision can still come into play if a crash happens and an injury claim needs to be filed.
What if I Am Found to Be Partially at Fault for the Accident?
Indiana follows a modified comparative fault rule per Indiana Code § 34-51-2-6. Under this system, the court can reduce your compensation based on your share of responsibility. If you are found to be more than 50% at fault, you lose the right to recover anything at all.
Will Riding Without a Helmet Affect My Injury Claim?
Here is how helmet use fits into that picture. Choosing not to wear a helmet does not make you responsible for causing the crash itself. Indiana courts have declined to impose a general duty to wear protective headgear when the law does not require it.
Helmet use (or the lack thereof) most often comes up in cases involving a traumatic brain injury (TBI). An insurance company or opposing party may attempt to argue that wearing a helmet could have reduced the severity of the rider’s injuries.
Our motorcycle accident attorneys in Indianapolis can counter these tactics with medical evidence showing the true cause of your injuries and why a helmet would not have changed the outcome.
How Long Do I Have to File a Motorcycle Accident Claim in Indiana?
You generally have two years from the date of the accident to file a personal injury lawsuit based on the Indiana statute of limitations. Missing that deadline could mean losing your right to pursue compensation altogether.
Limited exceptions exist that could extend or shorten this window, but they apply only in uncommon circumstances. The safest approach is to start working on your claim as soon as possible after the accident and reach out to a motorcycle accident attorney in Indiana for help.
Set Up a Free Consultation With an Indianapolis Motorcycle Accident Attorney
If you were injured in a motorcycle accident in Indiana, you may be entitled to significant compensation for your economic and non-economic damages. Wilson Kehoe Winingham Injury Lawyers has 124 years of combined experience and a proven record of recovering millions of dollars for clients across thousands of cases.
Contact our Indianapolis motorcycle accident attorneys today to schedule your free initial consultation with no obligations. We’re ready to get to work for you immediately.