Bicycle accidents in Indiana can result in serious injuries, even when riders are careful and follow the rules of the road. They usually become even more serious when riders fail to wear a helmet.
One question that comes up often after a crash is whether you can still bring a personal injury claim if you weren’t wearing a helmet at the time of the accident. Many people worry that not having a helmet could prevent them from getting compensation or might automatically make them at fault.
You Can File a Claim Even if You Weren’t Wearing a Helmet
You can still bring a personal injury claim after a bicycle accident in Indianapolis or another city in Indiana even if you weren’t wearing a helmet. Indiana does not have any laws that require bicyclists – adults or children – to wear helmets. This means that not wearing a helmet can’t be used to automatically deny your claim.
Your Case Will Get
The Attention It Deserves
Effect on Compensation – Comparative Negligence
Not wearing a helmet in a bicycle accident can affect parts of your case, but it doesn’t mean you lose your right to file a claim in Indiana. The state follows a modified comparative negligence system when it comes to personal injury cases. This means if your actions played a role in your injuries, any damages you collect can be reduced by your percentage of fault.
Sec. 6.
- (a) In an action based on fault that is brought against:
- (1) one (1) defendant; or
- (2) two (2) or more defendants who may be treated as a single party; the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
- (b) In an action based on fault that is brought against two (2) or more defendants, the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
Without a helmet, an insurance company is likely to argue that your injuries were worse than they would have been if you had been wearing one, but they generally cannot say that not wearing a helmet caused the accident itself.
This should really only apply to head injuries, though. Arguing that your pay out should be less for injuries to other parts of your body because you weren’t wearing a helmet should fail.
What You Can Do to Strengthen Your Claim if You Weren’t Wearing a Helmet
If you were hurt in a bike accident and weren’t wearing a helmet, there are still important steps you can take to make your claim as strong as possible:
- Get medical attention right away so your injuries are fully documented and linked to the accident.
- Take clear photos of your injuries, your bicycle, the crash scene, and anything else that helps show what happened.
- Gather names and contact information for any witnesses who saw the accident or its aftermath.
- Request a copy of the police report, as this official record can help clarify who was at fault and what led to the crash.
- Save any relevant communication with the driver, police, or insurance companies.
- Work with a personal injury lawyer familiar with bicycle accident claims, especially to address questions about helmet use and your rights.
Taking these steps can help you present the full picture of what happened and improve your chances for fair compensation, even when you weren’t wearing a helmet. If you have any questions about a possible claim, we’re here to help. Contact us today to schedule a free consultation.
