Can I Recover Damages If I Wasn't Wearing a Helmet? | Hensley Legal

I Was Injured in a Motorcycle Accident in Indianapolis, but I Wasn’t Wearing a Helmet. Can I Still Recover Damages from the Other Driver If They Were Acting with Negligence?


After a motorcycle accident in Indiana, it is possible for you to still recover damages even if you were not wearing a helmet. An Indiana lawyer who focuses on handling injury claims will understand how to approach this complicated claim.

Negligence Laws After a Motorcycle Accident in Indianapolis

Indiana follows a comparative negligence law, which means that the fault for an accident may be distributed among two or more parties. This fault is split up into percentages of blame.

The specific modified version of comparative negligence that Indiana law follows is the 51% Rule. If you are deemed a percentage of fault for the accident that surpasses 50% then your privilege to recover any damages is revoked.

The determination of fault is extremely important and can be tricky for this particular case. It is illegal to ride a motorcycle without a helmet in the state of Indiana. Thus, the fact that you were not wearing a helmet at the time of injury will most likely increase your percentage of fault for the injuries that you have suffered. However, because Indiana follows the 51% Rule it is still possible for you to recover partial damages.

It would be in your best interest to discuss your options and ask any questions you may have with an Indianapolis personal injury lawyer. It is recommended to call and begin filing the claim for your motorcycle accident in Indianapolis right away. Having an Indiana lawyer only increases the chances that you will be able to seek compensation successfully.

A Helping Hand from an Indiana Law Firm

When you have complications with your personal injury claim, an Indiana lawyer can help you to alleviate some of the stress and anxiety associated with filing a claim. In order to get back on track with your truck accident claim, download a copy of our FREE book, Consumer’s Guide for Injured Victimsand then contact a personal injury attorney at Hensley Legal Group for a no-cost consultation.