Motorcycle accidents are especially dangerous because riders do not have the same protective measures as other drivers. In a collision, a rider could be tossed off their vehicle, causing them to hit cement or other hard surfaces. This kind of accident could cause the rider to suffer lacerations, fractures, road rash and traumatic brain and spine injuries. The victim in a motorcycle accident may need to seek compensation for their medical bills and other financial losses.
In Indiana, motorcycle riders are not required by law to wear a helmet or eye protection unless they are under 18 years of age. As such, riders may be especially prone to traumatic head injuries in an accident. If a rider was not wearing a helmet when an accident occurred, they may have difficulties recovering damages. Here is what you should know:
Riders may need to fight for fair compensation
Indiana follows modified comparative negligence laws. This means that the amount of compensation a motorcycle rider can recover from a collision is reduced by the rider’s amount of fault – up to 50%. For example, a rider could be awarded $10,000 for medical damages but only recover $8,000 if they were 20% at fault for the accident.
Insurance companies will attempt to reduce the amount of compensation riders can recover for their own interests. One of the ways insurance companies do this is by arguing that a rider was aware of the dangers of not wearing a helmet when operating a motorcycle. In other words, an insurance company may claim that a rider was at fault for their own injuries for failing to wear a helmet.
Legal guidance can help motorcycle riders recover maximum compensation for their injuries and losses.
