Wearing a properly fitted safety helmet is one of the most effective ways to reduce the risk of serious head or neck injuries in a motorcycle crash. However, across Indiana, including Merrillville, motorcycle helmet laws do not require all riders to wear helmets, and those who choose not to face no criminal penalties or demerits on their motorcycle operator’s license.
However, not wearing a helmet can have a much bigger impact than you might expect on your ability to seek damages for accident-related injuries, even if you technically are not required by Indiana motorcycle helmet laws to wear one. Either way, if you have been hurt in a crash that was not your fault, you should get in touch with a talented motorcycle accident lawyer from the Law Offices of David W. Holub so you can start proactively enforcing your right to civil recovery.
Who Has to Wear a Motorcycle Helmet Under State Law?
According to Indiana Code §9-19-7-1, all motorcycle operators and passengers under 18 must wear a safety helmet at all times while riding. More specifically, they must wear a helmet that complies with all the standards set in 49 CFR 571.218 by the United States Department of Transportation, including but not limited to:
- An overall weight of at least three pounds
- A protective foam inner lining that is at least one inch thick
- A chin strap attached to the frame of the helmet by strong rivets
- No protrusions that stretch more than 2/10ths of an inch away from the outer surface of the helmet
- A sticker displaying important identifying information about the helmet’s brand name, manufacturer, manufacture date, etc.
Indiana’s motorcycle helmet law also requires riders under 18 to wear protective glasses, goggles, or transparent face shields.
Helmet Use and Comparative Fault
Aside from preventing life-changing brain damage, one of the biggest reasons to wear a motorcycle helmet while riding in Merrillville is the modified comparative negligence system that civil courts follow in the state. Under this system, which is codified in I.C. §§34-51-2-1 through 34-51-2-19, any person who contributes to causing their own injuries through their own irresponsible actions can only seek civil recovery for the portion of their injury-related losses which they were not to blame for, and recovery is prohibited altogether for anyone holding more than 50 percent of the total fault for an accident.
While not wearing a helmet does not make a motorcyclist at fault for a negligent driver’s actions, it can contribute to certain injuries. Wearing a helmet is essential for protecting yourself physically, legally, and financially.
Learn More About Motorcycle Helmet Laws from a Merrillville Attorney
Merrville motorcycle helmet laws are in place to protect riders on the road. Unfortunately, even the most diligent and safety-conscious riders may still get hurt due solely to the negligence of someone else.
If that has happened to you, the motorcycle accident lawyers at the Law Offices of David W. Holub are ready and available to help you demand comprehensive compensation for your crash-related damages. Call today for a consultation.