November 26, 2024
There’s always an element of risk involved in the otherwise freeing experience of riding a motorcycle. And if you’re not wearing a helmet, this risk compounds itself several times over. A subsequent accident could result in potentially serious injuries, which may leave you wondering whether you’ll be able to get compensation for your losses.
At Stracci Law Firm, we understand the stress and uncertainty that comes with a motorcycle accident, especially if you weren’t wearing a helmet. Our personal injury attorneys are here to help you understand your rights, navigate the legal process, and fight for the compensation you deserve.
Motorcycle Helmet Laws in Indiana
It’s not uncommon to see helmetless bikers in Indiana. According to NHTSA, 64% of Indiana motorcyclists were unhelmeted in 2021. However, the state has specific rules for bikers when it comes to helmets, and there are grave risks associated with refusing to wear one.
Indiana helmet laws require all motorcycle riders under the age of 18 to wear a helmet — adults are exempt from this rule. But even though it’s legal for adults to ride without helmets in Indiana, remember that wearing one is crucial for your safety.
A helmet can absorb the impact of a crash and significantly reduce the risk of serious injuries. Without a helmet, you stand a much greater chance of sustaining a severe head injury that can lead to permanent disabilities, cognitive impairment, and even death.
What to Do After a Motorcycle Accident Without a Helmet
If you get in a motorcycle accident while not wearing a helmet, don’t panic. Here’s what you need to do.
Seek Medical Attention
Your first priority should always be your health, so seek medical attention immediately — even if you don’t think your injuries are that serious. Some injuries (like concussions) might not be obvious right away, and early treatment can make a huge difference in your recovery. Plus, having medical documentation is critical for filing an insurance claim.
Report the Accident to the Police
Filing a police report might feel like the last thing you want to do, but it’s essential. This is especially true if the other driver doesn’t have insurance. The police report will be your official record of the accident, including details of the scene, witness statements, and the circumstances leading up to the crash. This will be a crucial part of your claim.
Contact Your Insurance Company
Get in touch with your insurance company as soon as possible after the accident. They’ll need the police report, your medical records, and other information to start processing your claim.
Things to Know About the Claims Process
Once you decide to pursue legal action following a motorcycle accident, there are several things you should keep in mind.
The first is that you might still be eligible to recover compensation even if you were partially at fault for the wreck. Indiana’s modified comparative negligence rules state that as long as you are found to be less than 50% responsible for the accident, you can still recover damages. However, your compensation would then be reduced by your percentage of fault. For example, if you were found to be 30% responsible for the crash and your total potential compensation would otherwise be $10,000, you would only receive $7,000.
The other thing you should consider is that even though Indiana law does not require adults to wear helmets, your insurance policy might tell a different story. It might have a specific limit for claims in situations when you’re not wearing a helmet, so make sure you check your policy. Some providers even require helmetless drivers to have a different amount of coverage.
What Happens If Your Claim Is Denied?
It’s frustrating, but insurance companies sometimes deny reasonable claims or offer settlements that seem unfair. If this happens to you, don’t hesitate to contact a qualified motorcycle accident lawyer in Indiana. They can help you understand your rights, review your insurance policy, and fight for a fair settlement.
Just because you chose not to wear a helmet doesn’t mean you deserve to suffer because of someone else’s negligence. Contact Stracci Law Group today for a free consultation to discuss your legal options.
Why Hiring an Indiana Motorcycle Accident Attorney Is Essential
Here’s what a qualified attorney can do for you after you’ve been in a motorcycle accident:
Helping You Understand Your Rights
An attorney can help you navigate the complexities of Indiana’s motorcycle accident laws and insurance regulations. They can explain your rights clearly, especially when it comes to the state’s No Pay, No Play law.
Negotiating with Insurance Companies
Insurance companies might act like your friend lending a helping hand, but they’re first and foremost businesses with a bottom line to protect. Therefore, they might try to minimize payouts or deny claims to mitigate their losses. An attorney can handle communications with insurance companies for you, advocate for your rights, and help you get a fair settlement.
Filing a Lawsuit
If your claim is denied or if the insurance company isn’t cooperating, your attorney can advise you on filing a lawsuit against the at-fault party.
Get the Support You Need by Contacting Stracci Law Group Today
Dealing with the aftermath of a motorcycle accident can be overwhelming, especially if you weren’t wearing a helmet when you wrecked. At Stracci Law Group, we’re here to provide the support and guidance you need.
Contact us today for a free consultation. We can help you understand your rights, explore your legal options, and fight for the compensation you deserve.
