This blog does not constitute legal advice and is provided for informational and educational purposes. For specific legal guidance after a motorcycle accident, contact an Indiana motorcycle accident lawyer.
The Short Answer
Indiana motorcycle accident laws affect compensation, time limits for a lawsuit, how fault is determined in a motorcycle accident, and more. For example, Indiana has a modified comparative fault rule that can limit compensation if you are more than 50% at fault for an accident. Indiana also has a 2-year deadline for starting most motorcycle injury lawsuits. Riders should also know Indiana’s helmet rules, the fact that lane splitting is illegal, and Indiana’s “dead red” law, which can allow a motorcycle to go through a red light after waiting 120 seconds if it’s safe.
Key Takeaways
- Indiana uses modified comparative fault—if you’re more than 50% at fault, you may not be able to recover compensation.
- The statute of limitations (or deadline to start a lawsuit) for most motorcycle injury cases is 2 years.
- Indiana’s minimum liability coverage is 25/50/25, but you may want to purchase higher coverage.
- Helmets are required if you’re under 18 or riding on a motorcycle learner’s permit.
- Adult motorcycle riders can choose whether to wear a helmet, but not wearing one can affect insurance claims and compensation.
- To avoid fault issues after a crash, motorcycles must have working equipment, including headlights, brakes, footrests, turn signals, and a speedometer.
- Lane splitting is illegal, but up to 2 motorcycles may ride side-by-side in 1 lane (with both riders’ consent).
- If a red light won’t change, Indiana’s “Dead Red” law lets riders go after stopping for 120 seconds if it’s safe.
- To rent a motorcycle in Indiana, you need the right license and insurance, and know that you’re responsible for any tickets.
- You can carry up to one passenger, but your motorcycle must have a seat and foot pegs for their safety.
- Riding impaired is treated like impaired driving—0.08% BAC can be enough for an OWI.
- Reckless riding can lead to criminal charges and can also hurt your insurance after a crash.
- When to talk to a motorcycle accident lawyer: Talk to a lawyer when injuries are serious, fault is disputed, or insurance is pushing you to settle fast.
Table of Contents
- Modified Comparative Fault in Motorcycle Accidents
- Indiana’s Statute of Limitations for Motorcycle Accidents
- Motorcycle Insurance and Registration Laws
- Indiana Motorcycle Helmet Laws
- Motorcycle Equipment and Lighting Requirements in Indiana
- Lane Splitting and Right of Way Laws
- Renting a Motorcycle
- Motorcycle Passenger Laws in Indiana
- DUI Laws for Motorcyclists in Indiana
- Reckless Driving Consequences for Motorcyclists
- Contact an Indiana Motorcycle Accident Lawyer
Modified Comparative Fault in Motorcycle Accidents
Indiana uses a modified comparative fault rule. If you are more than 50% at fault for a motorcycle accident, you may not be able to recover compensation from the other driver. If you are 50% or less at fault, you can still recover compensation, but the amount may be reduced based on your share of fault.
Example of Modified Comparative Fault
A motorcycle rider is hit by a car at an intersection. An investigation finds that the car driver was speeding, but the rider was also slightly distracted. The rider is found 20% at fault, and the driver is found 80% at fault.
If the rider’s total losses equal $50,000, they could recover $40,000 because the amount is reduced by their share of fault.
If the rider had been found more than 50% at fault, they may not have been able to recover compensation under Indiana law.
Why Modified Comparative Fault Matters
After a motorcycle accident, insurance adjusters will look at who caused the crash. Even if you think you might be partly to blame, you could still have a case. In Indiana, you can still seek compensation even if you were partially at fault in a motorcycle accident. If you’re worried about your case, talk to an Indiana personal injury lawyer who can help evaluate the facts of your case and help you understand your options.
Indiana’s Statute of Limitations for Motorcycle Accidents
A statute of limitations is the deadline for starting a lawsuit after an accident. In Indiana, the statute of limitations for motorcycle accident injuries is 2 years from the date of the accident. This generally means you have up to 2 years to go to court and start a lawsuit against the at-fault driver for your injuries. If you miss this 2-year time limit, you could lose your right to seek compensation.
Key Points You Should Know
For example, if your crash happened on July 1, 2025, you typically have until July 1, 2027, to file a lawsuit.
- Injured minors: If the injured person is under 18, the 2-year deadline may not start until their 18th birthday.
- Mental incapacity: If the injury caused mental incapacity, the time limit may be paused until the person is legally able to act.
- Out-of-state driver: If the at-fault driver leaves Indiana for a period of time, the deadline may be paused while they are out of the state.
Wrongful death claims (if a rider dies from the accident) may have a different time frame, often 2 years from the date of death. It’s wise for families to seek legal advice quickly in those cases.
For most accident victims, the main point is: don’t wait. 2 years can pass quickly when you’re recovering from serious injuries. It’s a good idea to start the claims process as soon as you are able so you don’t accidentally miss the deadline. If you file even 1 day late, the court will likely dismiss your case, no matter how severe your injuries are.
If you’re worried about this legal time limit, a lawyer can help you file all the necessary paperwork before the deadline. So it’s a good idea to contact a lawyer as soon as possible after an accident.
Motorcycle Insurance and Registration Laws
Motorcycle Insurance Requirements in Indiana
Indiana requires all motor vehicles, including motorcycles, to have minimum liability insurance coverage. Liability insurance pays for injuries or damage you cause to others in an accident. The mandatory minimum insurance limits in Indiana are:
- $25,000 for bodily injury or death per person (per accident)
- $50,000 total for bodily injury or death to all people (per accident)
- $25,000 for property damage (per accident)
You might see this written as 25/50/25 coverage. In plain language: if you cause a crash, your insurance will pay up to $25,000 to each person you hurt, but no more than $50,000 total if multiple people are hurt. It will also pay up to $25,000 for others’ vehicle repairs or property damage. This is the legal minimum, but you can choose higher limits for better protection.
Consequences of Riding Without the Proper License
It’s illegal to ride on public roads in Indiana without a motorcycle permit or endorsement. If you ride without one, you can get ticketed, and it can create insurance problems. After a crash, an insurance company may deny coverage or make the process harder, and being unlicensed can also hurt you if fault is disputed.
Indiana Motorcycle Helmet Laws
Indiana’s helmet law is age-specific. In Indiana, motorcyclists and passengers under 18 years old must wear a helmet and protective eyewear. This means if you are 17 or younger, whether you’re driving the motorcycle or riding as a passenger, the law requires you to wear a DOT-approved helmet and some form of eye protection (such as goggles or a helmet with a visor).
Indiana Code 9-21-10-9 states that the following riders must wear a helmet:
- Anyone holding a motorcycle learner’s permit MUST wear a helmet.
- Motorcyclists & passengers under 18 MUST wear a DOT-approved helmet and eye protection.
Adults 18 or over who have a motorcycle endorsement are not required to wear a helmet. However, wearing a helmet is strongly recommended for safety.
- Helmets cut the risk of death: Motorcycle helmets are estimated to be 37% effective at preventing deaths for riders and 41% for passengers. (CDC, 2024)
- Helmets cut the risk of head injury: Helmets reduce the risk of head injury by about 69%. (CDC, 2024)
- Lives saved (U.S.): NHTSA estimates helmets saved 1,872 lives in 2017, and 749 more could have been saved if every rider had worn one.
- Big-picture impact over time: An IIHS study estimated that 22,058 lives could have been saved from 1976–2022 if all states had all-rider helmet laws.
- How common motorcycle crash injuries are: In 2023, about 6,335 motorcyclists died and over 218,000 were treated in emergency departments for motorcycle crash injuries in 2022.
The good news is that if you’re an adult and you choose not to wear a helmet, Indiana law explicitly says that an adult rider’s decision not to wear a helmet cannot be held against them when determining fault in an accident. However, insurance may claim that your injuries were made worse by not wearing a helmet. An experienced attorney can examine the facts of your case and help protect your right to pursue compensation if fault is disputed.
Motorcycle Equipment and Lighting Requirements in Indiana
Indiana requires motorcycles on public roads to have basic safety equipment. After a crash, missing or broken equipment can become a fault argument—especially when the issue relates to visibility (lights/reflectors/signals) or control (brakes). That matters because Indiana’s modified comparative fault rule can reduce compensation if the other side claims your equipment helped cause the wreck.
Key motorcycle equipment rules that most often come up after crashes include:
- Headlight: A motorcycle must have at least 1 and no more than 2 headlamps (with limited exceptions for some pre-1956 bikes in certain situations).
- Brakes: Brakes must be in good working order on both front and rear wheels.
- Handlebars: Handlebars may not rise more than 15 inches above the seat/saddle when occupied.
- Footrests: Footrests/pegs are required, including for a passenger if a passenger is carried.
- Turn signals, mirror(s), speedometer: Bikes made before Jan. 1, 1956 are not required to have these; newer bikes generally are expected to have them.
Ensuring Your Bike Is Legal
Most of these requirements are met by stock motorcycles sold in Indiana. Problems usually arise when people modify their bikes (e.g., removing the baffles from the muffler, taking off turn signals for a cleaner look, etc.).
Remember that if you’re involved in an accident and your bike was not street-legal (say, no signals or bad brakes), it could affect an injury claim. An insurance company might argue you were partly at fault because your equipment was faulty. So, it’s in your best interest to keep everything in working order and up to code.
Lane Splitting and Right of Way Laws
Is Lane Splitting Allowed in Indiana?
No. Lane splitting is illegal in Indiana.
“Lane splitting” is when a motorcycle rides between lanes of slow or stopped traffic or passes cars within the same lane. Many riders ask if it is legal to beat traffic jams. Indiana law states: “A motorcycle is entitled to the full use of a traffic lane and a vehicle may not be driven or operated in a manner that deprives another vehicle of the full use of a traffic lane.”
(Indiana Code § 9-21-10-6)
This also means that cars cannot crowd motorcycles and motorcycles cannot weave between cars.
If you were lane splitting and got in a wreck, you may still have a case for compensation. An attorney can help examine the specifics of your case and help you find out if you can win compensation.
Can Motorcycles Ride Side-by-Side in Indiana?
Yes, Indiana law does allow for 2 motorcycles to ride side by side in 1 lane, but only with the riders’ consent. However, no more than 2 riders can ride together in 1 lane—this is known as the “2 abreast” rule.
Indiana’s “Dead Red” Law
This is often called the “dead red” rule. It applies when a traffic light won’t switch because the sensor doesn’t pick up a motorcycle.
Under Indiana Code § 9-21-3-7(b)(3)(D), a motorcycle rider at a red light that won’t turn green may legally go through the light only if:
- The rider comes to a complete stop
- The rider waits at least 120 seconds (2 minutes)
- The light still doesn’t change, and the rider treats it like a stop sign—goes only when the intersection is clear and yields to cross-traffic
If you do go through the red in this situation, Indiana law says it “shall not be considered an offense.”
Additional Right of Way Rules
- Left turns: A left-turning rider must yield to oncoming traffic
- Four-way stops: The first vehicle to stop has the right of way. If there is a tie, the vehicle to the right goes first.
- Lane changes: You must signal when changing lanes and you cannot weave through lanes
Insurance companies closely review left turns, stop signs, and lane changes when assigning fault, and even a small violation can affect compensation. An experienced lawyer can examine the facts of your case to protect your right to compensation if insurance companies try to deny your claim.
Motorcycle Rental Laws
Renting a motorcycle in Indiana comes with many of the same legal requirements as owning one. Riders generally need a valid driver’s license, a motorcycle endorsement, and proper insurance before taking a rental bike on the road. Rental companies may also set age limits, require protective gear like helmets, and hold the renter responsible for any tickets or violations during the rental period.
Because rental rules can vary by company and state law still applies, it’s important to understand your responsibilities before riding.
Motorcycle Passenger Laws in Indiana
Taking a friend or family member for a ride can be fun, but there are rules to do it safely and legally:
Indiana law says you may only carry 1 passenger in addition to yourself on a 2-wheeled motorcycle. Motorcycles are not designed for more than 2 people. You cannot squeeze a third person on the bike. The only exception is if you have a sidecar or a 3-wheel motorcycle with extra seating.
To carry a passenger, your motorcycle must be equipped with a proper passenger seat and footrests (foot pegs) for that passenger.
Not only are footrests required, but the passenger should be tall enough and positioned so that they can reach the footrests comfortably. If you have a young passenger who can’t reach the pegs, they are not safe to ride.
By law, passengers under 18 must wear a helmet and eye protection, just like under-18 drivers. Adult passengers (18 or older) are not required by law to wear a helmet, but it is highly recommended for the passenger’s safety.
As mentioned earlier, if the operator only has a motorcycle learner’s permit, they are not allowed to carry any passenger. The idea is to let new riders focus on solo riding skills before worrying about an extra person.
There’s also a law that a passenger must not interfere with the operation of the motorcycle. Practically, this means a passenger shouldn’t do things like cover the operator’s eyes, suddenly lean or shift in a way that throws the bike off balance, or obstruct the mirrors.
After a crash involving a passenger, these laws can affect who may be held responsible. Depending on the facts, liability may fall on another driver, the motorcycle operator, or both. A motorcycle accident lawyer can help identify who can be sued and pursue compensation from the right parties.
DUI Laws for Motorcyclists in Indiana
Motorcyclists in Indiana follow the same OWI (DUI) rules as drivers. It is illegal to ride a motorcycle while impaired by alcohol, drugs, or a mix of both.
- 21 and older: You can be charged if your BAC is 0.08% or higher.
- Under 21: Indiana has a lower limit. A BAC of 0.02% to under 0.08% can still be a violation.
- Even below the limit: You can still be arrested if an officer believes you are too impaired to ride safely.
Indiana’s implied consent rule means refusing a chemical test can lead to a license suspension, even before your case is finished. A first refusal can trigger a 1-year suspension.
OWI can lead to criminal charges, and the level can increase based on the situation (like endangering someone, repeat offenses, or crashes with serious injury).
How OWI Can Affect an Accident Case
If the other driver was impaired, that often supports your side when insurance companies decide fault. If the rider was impaired, it can hurt the case. The other side may argue the rider caused the crash, and Indiana’s modified comparative fault rule could reduce or even block compensation depending on the facts.
Reckless Driving Consequences for Motorcyclists
In Indiana, reckless driving means riding in a way that endangers people or property. Examples can include:
- Driving at an unreasonably high or low speed for the situation
- Weaving in and out of traffic
- Passing in places where your view is blocked
Criminal Penalties
- Class C misdemeanor (most common): Reckless driving is usually a Class C misdemeanor.
- Class B misdemeanor (if property damage): If the reckless driving causes property damage, it becomes a Class B misdemeanor, and the court may recommend a license suspension for up to 1 year.
- Class A misdemeanor (injuries): If the reckless driving causes bodily injury, it becomes a Class A misdemeanor, and the court may recommend a license suspension for up to 1 year.
- Passing a stopped school bus: Recklessly passing a school bus with its stop arm out is a Class A misdemeanor, and it can become a felony if it causes injury or death.
Driving Record and Insurance Impact
- A reckless driving conviction can add points to your driving record, and too many points can lead to penalties like required driver safety programs or suspension steps.
- It can also raise your insurance costs.
Why This Matters After a Crash
If a crash happens while someone was riding recklessly, insurance companies may use that to argue the rider was at fault, which can reduce or block compensation under Indiana’s modified comparative fault rule.
Contact an Indiana Motorcycle Accident Lawyer
Understanding Indiana’s motorcycle laws can help you protect yourself on the road and avoid unnecessary problems after a crash. If you were injured in a motorcycle accident and have questions about fault, insurance, or the compensation you may be owed, talking with a motorcycle accident lawyer can help you understand your options.
Our team of experienced lawyers at the Ken Nunn Law Office offers free consultations and can explain how Indiana law applies to your situation. Contact us today to start your motorcycle accident claim.
