Can You Still Sue if You Weren’t Wearing a Helmet?

Some of the worst accidents involve motorcycles. Because there isn’t anything to stand between you and the other car, you could end up with really serious injuries. If you aren’t wearing your helmet, there’s a good chance you could suffer a traumatic brain injury. This sort of injury can cause lifelong issues. You may not be able to work after the accident. You may need physical therapy for months or even years. If you’re lucky, the other driver’s insurance company will compensate you for your medical bills. They should also reimburse you any money you had to spend to get your motorcycle fixed or replaced. If this doesn’t happen, you need to call an Indianapolis motorcycle accident lawyer. Not only will they help you appeal your claim, but they’ll file a lawsuit on your behalf to cover any damages you’ve suffered. 

All Motorcycle Riders are Required to Wear a Helmet in Indiana

One issue you may run into is the fact that you weren’t wearing your helmet at the time of the crash. Indiana is one of the few states that does not require adults to wear a helmet. However, if the defendant can prove you didn’t have your helmet on, they’ll try to get your case dismissed. All they’ll have to do is submit a copy of the police report stating that you did not have your helmet on when they arrived at the scene. They’ll argue that, had you been wearing your helmet, you wouldn’t have gotten hurt. Whether this is true or not depends on the facts of your case. If a traumatic brain injury is the only one you suffer, it will be hard to refute the defendant’s claims. However, your Indianapolis motorcycle accident lawyer will do what they can to keep your claim alive.

The Court May Rule that You Were Partly at Fault

If the court rules that you were partly at fault, there’s a good chance that your damages will be reduced. This is because Indiana follows something called the contributory fault rule. According to this rule, a plaintiff’s damages will be reduced by their portion of fault. As long as you are less than 50% at fault, you’ll still be allowed to recover damages. If, for example, you sued the defendant for $500,000 and the court finds you to be 20% at fault, your damages will be reduced by $100,000. This means that, at best, you’ll receive $400,000. Since most cases settle rather than go to trial, you can expect to receive much less than this amount. 

Your Indianapolis Motorcycle Accident Lawyer Will Try to Negotiate a Settlement

When it comes to whether you’re partially at fault, it’s important that you be honest. Tell your Indianapolis motorcycle accident lawyer exactly what happened. If you were partially at fault, admit it. The last thing you want to do is have your attorney be blindsided down the road. As long as you tell them what happened, they can prepare to deal with this. They’ll also go into their settlement negotiations knowing that the defendant’s attorney will bring this up. If they go into these negotiations blind, they won’t be prepared to deal with this allegation. 

It’s a Good Idea to Call an Indianapolis Motorcycle Accident Lawyer Immediately

If you’ve been in a motorcycle accident, you’re probably dealing with a long road to recovery. You may need surgery and physical therapy. You may not be able to go back to work for a long time. The person who caused the crash should be held accountable. They should have to compensate you for these things. At the same time, they’re going to try to do whatever they can to attribute part of the fault to you. As long as your Indianapolis motorcycle accident lawyer is aware of this, they can prepare a response. Either way, they’re going to work tirelessly to make sure you get the compensation you deserve.

The first thing you need to do is call and set up your free, initial consultation. Sit down with someone who had handled plenty of cases like yours before. You can talk to an experienced Indianapolis motorcycle accident lawyer and ask any questions you may have. They’ll also explain how the legal process works and let you know what your options are. The consultation is free so you don’t have to pay a dime until your case is resolved.

View these other frequently asked questions pages:

Do I Have to Report Even a Minor Car Accident in Indiana?

What Should You Do After a Motorcycle Accident in Indianapolis?

What Happens If You are a Pedestrian Hit by a Car in Indianapolis?

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