Indiana Motorcycle Laws: Helmets, Insurance and the 51% Rule

Indiana lets fully licensed adults choose whether to wear a helmet, but it has strict rules for new riders, a strict fault rule and very short notice deadlines for claims against government bodies. This guide explains the main Indiana motorcycle laws and what they mean if you are hurt in a crash, with links to sources so you can check each point yourself.

Indiana motorcycle rules of the road

Licensing

Indiana requires a driver license with a motorcycle endorsement, or a motorcycle learner's permit, to operate a motorcycle on public roads. The Indiana BMV offers rider education for eligible applicants.

Helmets

Under Indiana Code 9-19-7-1, riders and passengers under 18 must wear a helmet that meets the federal standard. The Indiana BMV says people operating a motorcycle on a learner's permit must also wear a helmet, whatever their age. Fully licensed riders 18 and older are not required to wear one.

Eye protection

Indiana requires protective glasses, goggles or a transparent face shield for riders under 18. Adult riders are not required to wear eye protection under the statute, although it is strongly recommended.

Lane splitting

Under Indiana Code 9-21-10-6, a motorcycle is entitled to the full use of a traffic lane, and no vehicle may deprive a motorcycle of it. Lane splitting and lane filtering, which means riding between lanes of traffic, are not allowed. Two motorcycles may ride side by side in one lane. Insurers often argue that a rider who was riding between vehicles is mostly or entirely at fault, so this rule can affect a claim.

Insurance

Indiana requires liability insurance of at least $25,000 for bodily injury to one person, $50,000 per accident and $25,000 for property damage. Indiana is a fault-based state. Those minimum limits can be small compared with a serious motorcycle injury, so check your own policy for uninsured and underinsured motorist coverage.

Indiana motorcycle accident law

The deadline to file is 2 years

Under Indiana Code 34-11-2-4, an action for injury to a person must be commenced within 2 years after the cause of action accrues. A wrongful death action under Indiana Code 34-23-1-1 must be brought by the personal representative within 2 years. Property damage claims, such as damage to your motorcycle, also have a 2-year deadline.

The 51% fault bar

Under Indiana Code 34-51-2-6, Indiana follows modified comparative fault. Your damages are reduced by your percentage of fault, and you are barred from recovering if your fault is greater than the combined fault of everyone else who contributed to the harm, which usually means 51% or more.

• 20% at fault: you can recover, reduced by 20%.
• 50% at fault: you can still recover, reduced by 50%.
• 51% at fault: recovery is barred.

As an illustration only, if damages are valued at $100,000 and a jury assigns you 20% of the fault, your recovery would be reduced to $80,000. The Comparative Fault Act does not apply to claims against governmental entities, which follow separate rules.

Damage limits

Indiana does not cap compensatory damages in an ordinary motorcycle injury case against a private party. Other limits can apply: claims against the State are limited to $700,000 in most cases, and punitive damages generally cannot exceed the greater of three times the compensatory damages or $50,000. In some wrongful death cases involving an unmarried adult with no dependents, loss of love and companionship damages are capped at $300,000. Ask a lawyer how these limits apply to your claim.

Helmets and your claim

Because fully licensed adults are not required to wear a helmet, going without one is not a legal violation for them, and a defendant generally has no statutory basis to cut your damages for that choice. For riders under 18 or on a learner's permit, a missing required helmet breaks the law and could be raised on the question of fault. Keep your helmet and eyewear after a crash and ask a lawyer how these arguments would be handled in your case.

What to do after a motorcycle crash in Indiana

• Get medical care promptly and describe every symptom, even ones that seem minor.
• Photograph the scene, your bike, your gear and your injuries.
• Save camera footage from a helmet cam, a dash cam or nearby businesses.
• Keep your helmet, eyewear, jacket and damaged gear instead of throwing them away.
• Collect witness names and ask for the police report number.
• Do not discuss fault with the other driver's insurer until you have spoken with a lawyer.
• Write down your deadlines, including the 180-day and 270-day government notice dates if a public body may be involved.

When to talk to a lawyer

A free consultation can help you understand your deadlines, your insurance options and how the 51% bar may be argued. If you decide to hire someone, confirm that the lawyer is licensed in Indiana, ask for the fee agreement in writing and understand how case expenses are handled before you sign.

Frequently asked questions