In the spring, summer and fall, motorcyclists ride in and around Terre Haute, making it an economical form of transportation on Indiana’s backroads. Unfortunately, the risk of becoming injured in an accident is higher on motorcycles than other vehicles due to the lack of stability and visibility with two-wheeled vehicles.
Terre Haute motorcycle helmet laws require helmet usage only for the youngest and newest riders. If a driver causes an accident with a motorcycle rider and the rider is injured because they are not wearing a helmet, the rider is permitted to seek compensation for the injuries they sustained from the at-fault driver. Having an experienced motorcycle accident attorney is crucial when navigating Indiana’s personal injury claims process.
According to Indiana’s motorcycle helmet laws, riders and passengers under the age of 18 are required to wear a helmet, as are riders of any age who are operating the vehicle on a learner’s permit. For all other riders in Terre Haute, having a DOT-approved helmet is strongly encouraged but optional.
The reason it matters whether a rider is required to wear a helmet or not is because Indiana is a tort state, also known as a “fault” state. This means that when a motor vehicle accident occurs, the person or entity who is found to be at fault for the accident is responsible for compensating the injuries of others involved, most often through their liability insurance coverage. However, at-fault drivers are not responsible for covering the costs of injuries that were incurred due to the rider’s negligence. Failing to follow state laws is a form of negligence.
If a motorcycle rider over the age of 18 is involved in an accident when the Terre Haute driver of a car fails to yield the right-of-way and turns left in front of them, and they are not wearing a helmet and sustain a head injury, the at-fault driver would be legally responsible for covering the expenses. This is because the rider was not legally required to wear a helmet.
However, if the rider in the scenario was 17 years old when the accident occurred, the driver would still be legally responsible for the harm caused to the rider due to their failure to yield. However, the compensation owed to the rider may be reduced because the rider was not wearing a helmet.
If you have been injured in a motorcycle accident, you need a lawyer who is willing to fight for the compensation you deserve. The legal team at Fleschner, Stark, Tanoos, and Newlin is devoted to helping those injured in motorcycle accidents. Contact us today for your free case evaluation.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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