Do Helmet Laws Impact Fault in a Motorcycle Accident? Get your
Free Consultation
Custy Law Firm | Accident & Injury Lawyers

January 01, 2022

Do Helmet Laws Impact Fault in a Motorcycle Accident?

If you have been involved in a motorcycle accident, you may be wondering how helmet laws could affect your insurance claim or lawsuit. Even though helmets are not required by law for most motorcyclists in Indiana, not wearing one can negatively impact the amount of compensation you receive.

An experienced Indiana motorcycle accident attorney can advocate for your rights to pursue fair and adequate compensation for your injuries. At Custy Law Firm, our dedicated attorneys fight tirelessly to pursue justice for motorcycle accident victims every day. We provide real and honest representation and make it our priority to build trust through compassion and understanding. We fight aggressively for our clients and are not afraid to go to trial to get the best result. Our outstanding testimonials and case results provide evidence of our dedication to hard work and justice.

Motorcycle Accident Statistics

In 2019, 5,014 motorcyclists were killed in traffic collisions across the United States. 112 of them were in Indiana. Although motorcycle accidents accounted for less than two percent of all motor vehicle accidents in Indiana in 2019, they represented 14 percent of all traffic fatalities in the state. These disproportionate figures indicate that motorcycle riders and passengers are at much greater risk of suffering catastrophic injuries if they are involved in an accident than the occupants of other types of vehicles.

Data also proves that helmets protect lives in motorcycle accidents. Seventy-three percent of motorcyclists killed in a crash in Indiana were not wearing a helmet. Despite this, helmet use is not very high. In 2019, only 35 percent of motorcyclists involved in accidents in Indiana were wearing a helmet.

How Helmet Laws Can Impact Fault in Indiana

In Indiana, helmet use is not mandated for most riders and passengers. Only those younger than 18 years of age that have a motorcycle learner’s permit are required to wear a helmet while riding. Despite this, if you were not wearing a helmet when you were in an accident, this can impact your insurance claim or lawsuit.

Indiana follows a “comparative fault” rule in personal injury cases, meaning that if you are found to have been negligent in some way and contributed to an accident, your compensation will be reduced by the percentage of fault assigned to you. So, in the case of a motorcycle accident where you were not wearing a helmet, it’s likely that the insurance company will reduce their settlement offer to you, claiming that you contributed to the severity of your injuries.

Similarly, in a civil lawsuit, a jury could decide that your failure to wear a helmet was negligent. Based on the specifics of the case, they would assign a percentage of fault to you for this negligence and your total monetary compensation would be reduced by that percentage.

An experienced Valparaiso personal injury attorney can fight for your rights to minimize the blame assigned to you in order to seek maximum compensation for your injuries.

Why You Need a Personal Injury Attorney

The statistics prove that motorcyclists are at much higher risk of being severely injured, or even killed, in a traffic accident. If you were not wearing a helmet at the time of an accident, you could be considered partially responsible for the crash and may be denied the full amount of compensation that you would otherwise be entitled to.

Unfortunately, insurance companies are in the business of saving money. They are not likely to fully account for all of your losses and will try to minimize the extent and impact of your injuries on your future. Alternatively, if you are involved in a lawsuit, it’s likely that the other party’s attorney will use arguments and defenses to try to prove your negligence and maximize the percentage of fault assigned to you in the case. A skilled Indiana motorcycle accident attorney can advocate for you and your rights to pursue maximum compensation for you.

How Custy Law Firm | Accident & Injury Lawyers Can Help

The dedicated motorcycle accident attorneys of Custy Law Firm | Accident & Injury Lawyers are here to provide support and legal guidance to you during this stressful time. We will take the time to understand your specific case so that we can provide the best representation possible. We will leave no stone unturned in uncovering and calculating the value of your injuries and losses, and we will fight aggressively for the compensation you need and deserve.

We do not get paid until you do, so don’t wait any longer. Call us at (219) 286-7361 or contact us online today for your free consultation.

In The News

Mar 01
What Is a Truck Driver’s Travel Log?

Truck drivers have a huge responsibility when they’re operating their fully loaded, 80,000-pound vehicles. When you or a loved one is involved in a collision with a truck, you can… Read More

VIEW ALL NEWS
Do Helmet Laws Impact Fault in a Motorcycle Accident?
Jan 01

If you have been involved in a motorcycle accident, you may be wondering how helmet laws could affect your insurance claim or lawsuit. Even though helmets are not required by… Read More

How to Request an Accident Report
Dec 01

Requesting a police report after a car accident is one of the most critical steps you can take. It might contain the details you need to show another driver’s actions… Read More

Five Tips for Safe Travel During the Holidays
Nov 01

December is one of the busiest times of the year on the road. As increased numbers of people travel to spend time with their loved ones over the holidays, the… Read More

How Are Truck Accidents Different from Other Auto Accidents?
Oct 15

We need the trucking industry to help make our lives easier. Trucks deliver our groceries and our goods. They deliver fuel for our vehicles and provide a livelihood for many… Read More

Testimonials

Custy Law Firm has redeemed the reputation lawyers face in the legal field. I’m so grateful for their professionalism, their communication skills as well as their knowledge of the law.… Read More

- Yolonda M

Brian and his team were extremely helpful to us in resolving our case (related to personal injury from a traffic accident).  Brian listened to what our goals were for the… Read More

- Saroj S.

As a medical professional, I would like to testify that Mr. Brian Custy is the best attorney I met in Indiana. I trust his knowledge, experience, and professionalism. The firm… Read More

- Fei L.

From the first visit at Custy Law , I felt completely comfortable that my Auto accident would be taken care of. It was as if a huge weight was lifted… Read More

- Glenn H.

I am extremely happy with the quality of service and guidance I have received with Custy. His staff are amazing and he is very professional and down to earth. He… Read More

- Erin C.

Custy Law Firm provides the highest level of professional and ethical services to its clients. Brian Custy and staff are deeply committed to obtaining justice for those harmed by the… Read More

- Lisa C.

My experience with The Custy Law Firm has been nothing short of fantastic. I knew very little after PA school regarding the reading, understanding, and negotiating of contracts when accepting… Read More

- Monica B.

We’ve known Brian for a long time and he’s excellent on many levels. He has always focused on learning, achieving his goals, and operating ethically. He’s friendly, hard-working, very professional,… Read More

- Jenne C.

Brian Custy helped me at a time I needed someone I could trust.  He was attentive, positive, thorough, knowledgeable, and professional in every exchange.

- Judy M.

To some they would think my case as minimal. Custy Law Firm treated me with the most respect and consideration. Thank you CLF.

- William C.

I originally tried to use our legal counsel from my union. I was getting lowball offers, and after I refused to accept their offer, I was fired by my very… Read More

- RYAN D.

Since day one i have received the best service that anybody can ask for. Mr. Custy and Melissa have been such caring and trustworthy people. They really make you feel… Read More

- Joel Marquart

“Mr. Custy is an excellent lawyer that not only takes care of business but actually takes the time to listen to his clients. Mr. Custy cares and that is why… Read More

- CARLOS G

I have had the pleasure of working with Attorney Custy for the past two years on two cases at the same time. This has been the hardest thing I have… Read More

- ANGIE R.

“Brian Custy is a terrific lawyer that takes the time to walk you through the entire process, explaining all of the details that often times get overlooked. His follow-up was… Read More

- COREY O.

“Mr. Custy is a very good lawyer. He goes out of his way to make sure he is doing the best he can for your case. He is always there… Read More

- ALICE B.

“ Custy Law Firm | Accident & Injury Lawyers has gone above and beyond while working on my case. I was injured on the job and Brian has given me… Read More

- TIFFANY G.
View All Testimonials
National Association of Distinguished Counsels
Illinois State Bar Association Logo
Academy of Truck Accident Attorneys
National Trial Lawyers top 100 Attorneys Logo
NTL Top 10 for Trucking Litigation
National Institute for Trial Advocacy
Indiana Trial Lawyers Assocation
Trial Lawyer's College Thunderhead Ranch Logo
American Association for Justice Logo
American Association for Justice Logo

GET YOUR FREE

CASE EVALUATION