Motorcycle accidents can wreak horrific injuries, largely due to riders’ lack of bodily protection. Without the enclosure of a car, motorcyclists are exposed to direct impacts with other vehicles, the road and various obstacles. As a result, injuries from motorcycle accidents can be severe and life-altering. Common injuries include fractures, road rash, spinal cord injuries, internal bleeding, and traumatic brain injuries. The lack of bodily protection heightens the risk and severity of these injuries, especially when riders are not wearing helmets.

In Indiana, motorcyclists over the age of 18 are not legally required to wear helmets. However, this lack of legal obligation does not diminish the importance of helmet use. Helmets are a critical safety measure, significantly reducing the risk of severe head and neck injuries in the event of a crash. Failing to wear a helmet can lead to more catastrophic injuries, prolonged recovery times, and increased medical expenses.

Furthermore, not wearing a helmet can have legal implications if you are involved in an accident. Indiana follows a comparative negligence system, meaning that if you are found partially at fault for your injuries, your compensation can be reduced proportionately. For instance, if you are awarded $100,000 in damages but are found to be 20 percent at fault for not wearing a helmet, your compensation would be reduced to $80,000. Moreover, you are completely barred from recovery if your percentage of fault was greater than the fault of all other parties whose fault proximately contributed to your damages. 

These comparative negligence rules can thus significantly impact the amount of damages you recover, which makes it important to retain an experienced motorcycle injury lawyer. An attorney concentrating in this field can help build a strong case to recover damages from other parties involved. They can gather and present evidence to demonstrate the other parties’ liability and to minimize your degree of fault. They can negotiate with insurance companies and, if necessary, represent you in court.

The types of damages recoverable in a motorcycle injury case can include medical expenses, lost wages, pain and suffering, and property damage. Proving these damages requires thorough documentation and expert testimony. Medical records, bills, and expert evaluations can substantiate claims for medical expenses and the impact of injuries on your life. Employment records and testimony can support claims for lost wages. Pain and suffering damages, although more subjective, can be demonstrated through personal statements, psychological evaluations, and testimony from family and friends about the impact of the injuries on your quality of life.

At Rubino, Ruman, Crosmer & Polen in Dyer, we have experience championing the rights of motorcycle accident victims in Indiana. For a free initial consultation, call 219-227-4631 or contact us online.