In 2020, over 5,500 motorcyclists lost their lives in motorcycle crashes. Sadly, many of these deaths could have been avoided if riders had taken the necessary precautions before mounting their bikes.
If you have been in a motorcycle accident, you probably have questions. The Indianapolis motorcycle accident lawyers of Blackburn Romey have detailed information you need to know about motorcycle regulations in Indiana.
Indiana currently has no universal helmet laws for motorcyclists.
Indiana’s helmet law only pertains to minors. According to Indiana Code IC § 9-19-7-1, an individual who is younger than 18 years old who is operating or riding as a passenger on a motorcycle is required to:
Indiana did have a universal helmet law, but it was repealed in 1976.
Indiana’s advocacy organization, ABATE of Indiana, Inc., was started on June 25, 1975. ABATE stands for American Bikers Aimed Toward Education. The organization’s mission is to defend motorcyclists’ rights.
The organization was influential in repealing the universal helmet law in 1976, allowing motorcyclists the freedom to choose helmet use. ABATE believes that safety should be attained through educating motorcyclists, not through legislation.
In 1986, the Indiana Department of Education became involved with ABATE, which further helped to decrease the number of motorcycle accident fatalities.
Although it is difficult to match the thrill of being on the open road, motorcyclists are vulnerable to injuries. Unlike a car which is enclosed, a motorcycle is wide open to outside hazards. Due to this lack of protection, when motorcyclists are hit, they are more likely to suffer serious and often life-threatening injuries, especially due to head trauma.
One of the most common types of head injuries that motorcyclists sustain are traumatic brain injuries (TBI). A TBI is often the result of a sudden, violent blow to the head. The impact of the blow can cause brain damage. The brain can also begin to swell and expand inside the skull, resulting in further complications.
Wearing a motorcycle helmet can save your life. According to the Centers for Disease Control and Prevention (CDC), wearing a motorcycle helmet decreases your chances of a head injury by 69%.
Research has shown that helmets are 37% effective for riders and 41% effective for passengers in preventing death. In addition to saving your life, wearing a helmet can reduce the severity of injuries and get you back on your feet sooner.
Below are some common causes of motorcycle accidents:
There are two main categories of damages you may recover from liable drivers and their insurance companies: special and general damages.
Special, or economic damages, are those losses that have an upfront monetary value:
General, or noneconomic damages, are those losses that affect your quality of life but are not as easily quantifiable:
Based on your injuries, an Indianapolis motorcycle accident lawyer can help you discern which legal remedies are available to you.
Besides helmet protection required for motorcycle riders and passengers under the age of 18, Indiana does have other laws in place to mitigate motorcycle accidents:
Some riders may see this list as restrictive, but the state of Indiana wants to make sure that all riders are as safe as possible. In taking the proper precautions, riders can ensure not only a safe but enjoyable ride.
A motorcycle accident can leave you with devastating injuries. Even if you take all the proper precautions on the road, you can still get hit.
At Blackburn Romey, we understand that no amount of money can give you back the life you once had. Even so, you deserve compensation that can assist you in your recovery. Contact us today to schedule your free consultation.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
