The State of Indiana does not require that motorcycle riders over the age of 18 wear a helmet. More recently, Michigan has allowed riders 21 and older to ride without a helmet, as well.
While many riders enjoy being able to ride their motorcycles without a helmet, it does greatly increase the risk of serious injury from a motorcycle accident, and consequently defendants in a personal injury or wrongful death lawsuit will often argue that the death or serious bodily injury was the fault of the rider, and not the person who caused the accident.
However, this is not the case.
While you are riding at your own risk when you ride a motorcycle at all (or drive a car), in states where riding without a helmet is permitted, it’s legally no different than if you were driving a car with your seat belt on. You were acting within the law, and within your rights. That has no bearing on whether or not the accident and resulting injuries were your fault. That doesn’t mean that the defendant’s lawyers won’t try to spin the facts, especially if the case goes before a jury.
Even though the law is on your side, you’re still going to need the services of a highly competent and experienced personal injury attorney to argue your case.
