Ask a rider what happens after a crash, and most will say the same thing: the blaming starts before anyone reads the police report. The bike was going too fast. The rider was weaving. They came out of nowhere. None of it needs evidence to enter the conversation, and all of that anti-rider bias often shows up in the first offer from the insurance company.
Placing blame on a motorcyclist gives the insurance company the opportunity to argue for a much smaller payout, which is why the assumption persists. An experienced Hammond, IN motorcycle accident lawyer knows how to fight back, because in Indiana the fault percentage does not just reduce a claim. Past a certain point it ends one.
The riding here has its own hazards. Indianapolis Boulevard carries the Lake Michigan Circle Tour through town. Calumet, Kennedy, and Cline Avenue all feed the Borman, so a rider goes from a residential block to interstate freight traffic in minutes. Roads near heavy commercial corridors collect debris and gravel, and winter leaves seams a car absorbs and a bike does not.
If an insurer has already made up their own story on what happened to you, reach out to a law firm that has your interests in mind. Call 1-855-NICOLET for a free consultation. You do not pay attorney's fees unless we recover money for you.
Injured in Indiana? Get Nicolet.
Hammond, IN Motorcycle Accident Statistics
State and federal data converge on the same picture, and it is not the picture insurers describe. The following data comes from the National Highway Traffic Safety Administration (NHTSA) and the Indiana Criminal Justice Institute (ICJI).
- In 46% of fatal two-vehicle motorcycle crashes nationally, the other vehicle was turning left while the motorcycle went straight, passed, or overtook, per NHTSA's Motorcycles: 2023 Data. That is the crash Hammond's wide arterial intersections run a high risk for.
- 136 motorcyclists died on Indiana roads in 2024, down from 141 the year before, per the ICJI's Indiana Traffic Safety Facts 2024.
- Of 145 Indiana motorcyclist deaths in 2023, 42 riders wore helmets and 100 did not, from NHTSA's state helmet-use data. Indiana requires helmets only for riders under 18 and unlicensed adults.
- Motorcyclists died at nearly 28 times the rate of car occupants per mile traveled in 2023, from the same NHTSA report. A collision that leaves a driver rattled leaves a rider in an operating room.
The most common reason for motorcycle fatalities in the country is not a rider losing control. It is someone else turning left across a lane, a commonplace risk in Hammond.
Nicolet Law Accident & Injury Lawyers represents injured people across Wisconsin, Minnesota, North Dakota, Iowa, and Indiana, including Marion County and Indianapolis. If a crash in Hammond has put you into a long recovery, a Hammond motorcycle accident lawyer from our firm can rebuild what actually happened, take on the insurance side, and pursue a claim that reflects the full impact of your injuries.
How does Indiana's fault rule work against riders?
Recovery drops by your percentage of fault and disappears once you pass 50%. Ind. Code § 34-51-2-6 bars a claimant whose contributory fault is greater than everyone else's combined.
That cliff is why rider bias does real financial damage.
At 30% fault, a rider can recover 70% of the total compensation. If the rider’sfault is pushed up to 51% the claims ends, and no compensation can be recovered.
This is why insurance companies try to pin as much fault onto riders as they can.
The arguments are often predictable, and each has an answer that lives in evidence.
| What the insurer will say | What actually decides it |
| The bike was speeding | Skid and scuff measurements, damage geometry, reconstruction of approach speed |
| The rider was not visible | Sight-line analysis from the driver's actual position, lighting, obstruction mapping |
| No helmet, no jacket, dark clothing | Medical evidence on how each specific injury occurred |
| Aftermarket parts made the bike unsafe | Whether the modification had any causal link to this crash |
Does Indiana require riders to wear a helmet?
Only riders and passengers under 18, as well as adult riders with a provisional license. Ind. Code § 9-19-7-1 requires anyone under 18 to wear a helmet meeting U.S. Department of Transportation standards plus eye protection. Once fully licensed and at least 18, neither is required.
So if you were an adult riding without one, you violated nothing. Expect it to come up anyway.
The argument insurers actually make is narrower than it sounds. They are not claiming you were negligent for riding bare-headed. They are claiming your injuries would have been less severe with a helmet.
Whether it goes anywhere depends entirely on which injuries are at issue, and the strength of the relationship between your injuries and the lack of gear.
Insurer already blaming you for your accident? Call 1-855-NICOLET for a free consultation with an attorney who has your best interests in mind.
Injured in Indiana? Get Nicolet.
What does Indiana law give riders on the road?
A full traffic lane, by statute. Ind. Code § 9-21-10-6 states that a motorcycle is entitled to the full use of a traffic lane and that no vehicle may be operated in a way that deprives another of the full use of a lane. The same chapter allows two motorcycles to ride side by side where both operators agree.
Lane splitting is not allowed in Indiana. Vehicles must be driven as nearly as practicable within a single marked lane under Ind. Code § 9-21-8-11.5. If you see information on other sites that say otherwise, they are likely citing § 9-21-8-25, which was a rule that was repealed in 2022.
Coverage is worth checking early. Indiana's auto insurance minimum requires $25,000 in bodily injury coverage per person, which a serious motorcycle injury can exhaust in days. Uninsured and underinsured motorist coverage on your own policy may be crucial after an accident, and Indiana insurers must make it available under Ind. Code § 27-7-5-2.
The filing deadline is two years under Ind. Code § 34-11-2-4, with a “notice claim” of 180 or 270 days where a government body or roadway defect is involved. Deadlines have exceptions, and the safest way to protect your claim is to speak with a lawyer as soon as possible.
FAQs About Hammond Motorcycle Accident Lawyers
They claim I came out of nowhere. How is that answered?
That can be answered with evidence such as sight-line analysis rather than argument. Investigators can reconstruct what the driver could actually see from their position at the moment they began the turn, using measurements, obstructions, and the physical evidence of the impact. Drivers have a duty to look for traffic before they cross, so failing to see an approaching bike usually describes the breach rather than excusing it.
What if the crash happened because of gravel or a road defect?
Then the defendant may be a government body, and an additional notice deadline comes into play, typically 180 or 270 days depending on the claim. Indiana's comparative fault rules also do not apply to governmental defendants, where any fault on your part can bar recovery. These claims need evaluating in weeks, not months.
I was the passenger on the bike. Who do I file a claim against?
Possibly both drivers, and it does not have to be one or the other. Indiana allocates fault among everyone responsible, so a passenger can pursue the car driver, the rider, or both, and each carries separate coverage. Worth knowing: an insurer will still look at what a passenger was doing before and during the crash, so it is better to have someone review that with you before you give any statement to the insurance company.
Should I repair my bike before the claim is resolved?
Talk to a lawyer first. The motorcycle is evidence, and damage patterns help establish impact angle and speed. Photograph everything, keep the damaged parts and gear, and let a Hammond motorcycle accident lawyer at Nicolet Law document it and consult you on when repairs can begin.
Legal Resources About Indiana Motorcycle Accident Claims
Below are attorney-curated resources that cover frequently asked questions about motorcycle accidents. They are background reading, not a substitute for personalized legal advice. If your injuries involve multiple claims or parties, our Hammond personal injury lawyers handle the full scope.
- I Got in a Motorcycle Accident. What Do I Do?
- Why Should I Hire a Motorcycle Accident Lawyer?
- What to Do After a Motorcycle Accident: Step-by-Step Guide for Riders in the Midwest
Contact us at 1-855-NICOLET for a free consultation with an experienced motorcycle accident lawyer. You do not pay attorney's fees unless we recover money for you.