If you are reading this, it means you or someone close to you has likely been in a bicycle accident. You are probably feeling unsure about what to do next. That is completely normal. Bicycle crashes can be frightening and the days that follow are often filled with questions. You might be asking yourself whether you need help from a lawyer or wondering if wearing or not wearing a helmet could affect your case. We understand that this is a hard time and we want you to know that you are not alone. We are here to help guide you through it.
Understanding Bicycle Accidents in Indiana
Bicycles are a common way to get around in Indiana. Whether you ride for fun, to get to work, or for exercise, you expect to be safe on the road. Sadly, drivers are not always careful. Bicycle crashes happen more often than people think, and they can lead to serious injuries. Some people walk away with scrapes, but others suffer broken bones, head injuries, or worse.
When a crash happens, the law gives you the right to ask for money for your injuries. This can include money for medical bills, time missed from work, and the pain you have gone through. But many people don’t realize that what you were wearing at the time of the crash, like a helmet, can come up in your case.
What the Law Says About Helmets in Indiana
Indiana law does not require most bicyclists to wear helmets. There are no statewide rules saying adults have to wear one. Some local towns may have rules for kids, but for the most part, helmets are a choice. Still, even though helmets are not required, insurance companies sometimes try to use helmet use as a reason to pay less.
This is where things get tricky. You can be riding safely and legally, but if you were not wearing a helmet, the other side might try to say that you are partly to blame for your injuries. This is where the way Indiana handles accident claims matters.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Indiana’s Shared Fault Law and What It Means for You
Indiana follows what is called a “comparative fault” system. This means that more than one person can be found at fault in a crash. If you are partly at fault, your payment may be reduced by your share of the blame. For example, if you are found to be 20% at fault, you can still get money, but it will be 20% less than the total amount.
Luckily, Indiana law does not allow the use of a helmet or lack of use of a helmet to be used as comparative fault or contributory negligence in a bike accident claim.
How Helmet Use Can Affect Your Claim
Whether or not you wore a helmet can become a part of your injury case, even if it’s not supposed to matter under Indiana law. If your head was injured and you didn’t wear a helmet, the insurance company might claim you could have prevented the injury. On the other hand, if you wore a helmet and still got hurt, it shows that you were being careful. This could help your case by showing you acted responsibly.
But there’s another side to this. Helmets are mainly meant to protect your head. They don’t stop broken bones, back injuries, or other harm. If your injuries were not to your head, the fact that you didn’t wear a helmet should not matter. Still, insurance adjusters may try to use anything they can to lower your payment. That is why having a strong case with clear facts and good legal help is important.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Proving Your Case When Helmet Use Is Brought Up
After a bicycle crash, the most important thing is to get medical help. Once you are safe, the next step is to gather as much information as you can. This means photos of the scene, names of witnesses, police reports, and medical records. If helmet use comes up, we will work to make sure it doesn’t distract from the real issue — the driver’s actions.
We know how to show the truth of what happened and fight back when others try to blame you unfairly. If you didn’t wear a helmet, that doesn’t mean the crash was your fault. And if you did wear one, that shows you were careful, but it doesn’t excuse the driver’s mistake. Either way, you deserve to have your voice heard and your case taken seriously.
Why Insurance Companies Focus on Helmets
Insurance companies are businesses. Their goal is to pay as little as possible. So they look for reasons to shift blame. Helmet use is just one of the tools they use. If they can make it look like you were partly at fault, they can lower what they owe. Even if that’s not fair or right, it’s a common practice.
They may even bring in their own medical experts to say a helmet would have helped, even if that’s not true. They might try to confuse you with big words or ask tricky questions. That is why it’s important to have someone on your side who knows how to deal with these tactics.
Related Videos
How Long Does it Take to Settle a Personal Injury Case?
How should I choose a personal injury attorney for my claim?
What You Can Do After a Crash
If you are hurt in a bicycle crash, try to stay calm and follow a few steps. Always get checked out by a doctor, even if you feel okay at first. Injuries can show up later. Keep all your records and take photos of everything — your bike, your injuries, and where the crash happened.
Don’t talk to the driver’s insurance company without getting legal advice. They may sound friendly, but they are not there to help you. They are gathering information that can be used against you. Let someone with legal experience speak for you.
Fighting for Fair Results
No matter what happened in your crash, your story matters. Whether you were wearing a helmet or not, you deserve a fair chance to get help with your bills and get back on your feet. You did not ask to be in this situation, and you should not be blamed for someone else’s careless driving.
The truth is, most people don’t think about the legal side of a crash until it happens to them. That’s okay. You don’t have to know everything. You just need someone who understands the law and who can stand up for you.
Getting the Help You Deserve
You may feel scared, upset, or unsure after a bicycle accident. That is completely normal. These feelings are common and valid. But you don’t have to handle it all on your own. If helmet use is being brought up in your case, it doesn’t mean you are out of options. With the right help, you can still get the results you need and move forward with peace of mind.
At Wyant Law, we are ready to listen to your story, understand your needs, and work to get you the best outcome possible. You can reach out to us today for a free conversation about your situation. We’ll explain your rights in a simple, clear way and help you take the next steps with confidence.
