At Ladendorf Fregiato & Bigler, we work closely with motorcycle riders across Indiana and understand the unique risks they face on the road. We also know that after a crash, riders are often given conflicting advice about their rights – from friends, insurance representatives, or online sources.
Unfortunately, some of that advice is simply not true and can discourage people from seeking help or pursuing help.
The truth is that every motorcycle accident is different, and the details of a crash often matter more than initial assumptions.
Here are 5 common motorcycle accident myths – and the truth behind each one.
Myth 1: If the police report says I was at fault, my case is over
Reality: A police report is an important piece of evidence, but it is not the final decision on fault. Officers typically arrive after the crash has occurred and may rely on limited information when completing their report. Additional evidence – such as witness statements, surveillance footage, accident reconstruction, or medical records – can change how fault is ultimately determined.
Why it matters: Even if a police report initially places blame on you, you may still have a valid claim depending on the full circumstances of the accident.
Myth 2: If I was not wearing a helmet, I cannot recover damages
Reality: Indiana law requires helmets for certain riders, such as those under age 18 or operating with a learner’s permit. However, not wearing a helmet does not automatically prevent you from recovering compensation after a crash. Liability is still based on who caused the accident.
In some cases, helmet use may affect the amount of compensation available, particularly if the injuries involve head trauma. But it does not automatically eliminate your right to pursue a claim.
Why it matters: Riders sometimes assume they have no options after an accident because they were not wearing a helmet, when they may still be entitled to compensation.
Myth 3: If I was partially at fault, I cannot recover anything
Reality: Indiana follows a legal rule called modified comparative fault. This means you may still recover compensation as long as you are less than 51 percent responsible for the accident. Your recovery may be reduced based on your percentage of fault, but it is not automatically barred.
For example, if you are found to be 20 percent responsible for a crash, your compensation could be reduced by 20 percent.
Why it matters: Many riders hesitate to contact an attorney because they believe partial fault ends their case. In reality, partial responsibility is common in accident claims.
Myth 4: The insurance company will automatically offer a fair settlement
Reality: Insurance companies play an important role in resolving accident claims, but they are also businesses that evaluate claims carefully and may dispute liability, injuries, or damages. Initial settlement offers may not fully account for long-term medical costs, lost wages, or other losses.
Why it matters: Accepting an early settlement without understanding the full value of your claim can make it difficult to recover additional compensation later.
Myth 5: I do not need a lawyer if the crash seems straightforward
Reality: Many motorcycle accident cases begin as insurance claims, and a significant number are resolved without filing a lawsuit. However, even cases that appear simple can become complicated if injuries are serious, fault is disputed, or insurance coverage is limited.
An attorney can help gather evidence, communicate with insurers, and ensure that deadlines and legal requirements are met.
Why it matters: Having legal guidance early in the process can help protect your rights and reduce stress during recovery.
Do Not Let Misconceptions Prevent You From Protecting Your Rights
Believing common motorcycle accident myths can lead to delayed medical treatment, missed deadlines, or accepting less compensation than you may be entitled to receive. If you have been injured in a motorcycle crash in Indiana, it is important to get accurate information about your situation before making decisions about your claim.
At Ladendorf Fregiato & Bigler, we are strong advocates for the local motorcycle community.
If you have questions about your accident or are unsure whether you have a case, speaking with an experienced attorney can help you understand your options and move forward with confidence.