If you weren’t wearing a helmet, you might be wondering whether that automatically puts you at fault or takes away your ability to file a claim. Insurance companies often lean into that assumption, but the law has a different take.
In Wisconsin, motorcycle helmets are strongly recommended for safety, but they are not legally required for riders who are 18 or older and properly licensed. Even if you were not wearing a helmet, you still have the right to pursue compensation if another driver caused the crash.
If you were injured while riding in Milwaukee, Madison, Appleton, or Green Bay, the focus of your claim is not whether you wore a helmet. It is whether another driver acted carelessly, failed to yield, was distracted, or otherwise caused the collision.
In Wisconsin, motorcycle helmet laws are limited. Riders and passengers under 18 and those riding with an instructional permit are required to wear helmets. For riders 18 and older with a valid license, helmets are optional.
That distinction matters. Choosing not to wear a helmet when you are legally allowed to do so is not, by itself, a violation of the law.
Yes. You can still file a motorcycle accident claim even if you were not wearing a helmet.
The most important question in any motorcycle case is what caused the crash, not what you were wearing. If another driver was speeding, distracted, failed to yield, or simply was not paying attention, you still have the right to pursue compensation for the harm they caused. That can include:
Helmet use does not change whether another driver acted negligently.
This is where things get more nuanced. Wisconsin follows a comparative negligence system. That means fault can be divided, and compensation can be reduced if someone’s actions contributed to their injuries.
In motorcycle cases, insurance companies sometimes argue that not wearing a helmet made injuries worse. For example:
In that situation, the argument is not that the rider caused the accident, but that they share some responsibility for the extent of their injuries. Even then, this does not automatically reduce compensation. It must be proven, and it is often disputed with medical and accident evidence.
Every case is different.
This is why these cases should not be decided by assumptions. They should be evaluated carefully, with facts, timing, medical records, and an understanding of how Wisconsin law is actually applied.
Motorcycle accident claims are already treated differently by insurance companies. When helmet use is added to the conversation, adjusters often push harder to minimize claims early on. At Natasha Misra Law, we focus on what truly matters:
Natasha stays personally involved in motorcycle injury cases, supported by a team with deep experience handling serious auto and motorcycle claims across Wisconsin. We take the time to explain your options clearly, answer your questions honestly, and push back when insurers oversimplify the law.
If you were injured in a motorcycle accident and were not wearing a helmet, do not assume you are out of options. You deserve to understand where you stand before an insurance company decides for you.
Contact us today to schedule a free consultation. Natasha Misra Law serves riders throughout Milwaukee, Madison, Appleton, and Green Bay.
We’re here to help you understand your rights and get back on your feet.
Taking your motorcycle out on the open road in Wisconsin is a feeling like no other. But when motorcycle accidents occur, there is little to protect a biker aside from a helmet and padded jacket.
Motorcycle accidents often lead to serious injury, even death. In Wisconsin alone, there have been 107 motorcycle fatalities between 2017 and 2018.
Those injured in a motorcycle accident through no fault of their own may be entitled to compensation for their injuries and should seek the guidance of a Wisconsin motorcycle accident lawyer.
To help you avoid the need for a Milwaukee motorcycle accident lawyer, here are seven must-use motorcycle safety tips.
Everyone who rides a motorcycle should wear protective gear, no matter how skilled or experienced they are. This includes, of course, a well-built helmet designed to cover your face. But aside from a helmet, motorcyclists should wear a leather or reinforced jacket, gloves, full length pants and boots.
While wearing all black is undeniably cool, bikers should consider wearing bright colors to increase their visibility on the road. A reflective strip can also help other motorists see you once the sun sets.
Prior to hitting the road, all bikers should perform a quick check of electrical and motor systems on their motorcycle. Simply flash the lights, turn on the directional signals, honk the horn, check tire pressure and give the chain and brakes a second look. A simple pre-ride check can help you avoid mechanical trouble once you are on the road.
We said it before, and we’ll say it again: wear a helmet! Did you know that bikers who ride without a helmet are 40 percent more likely to suffer from a fatal head injury, and three times more likely to suffer traumatic brain injury? A simple way to reduce your odds of severe head trauma is buying a full-face motorcycle helmet.
Already have one? You should consider buying a new one if it is five years old or older. Technological improvements are being made every day, and having the latest gear can help keep you safe in the event of a motorcycle accident.
Everyone on a bike should take a Motorcycle Safety Foundation (MSF) riding course to learn the best and safest riding techniques. MSF courses teach emergency maneuvers, as well as advanced techniques, which could mean the difference between a slide and a collision. Completion of a MSF course could also help you save money with insurance rates and other motorcycle dealer specials.
Hopping onto the wrong motorcycle could lead to an accident. Depending on the rider, a bike may be too big and too powerful. Riders should purchase bikes that they can safely operate. For example, both feet should be able to rest flat on the ground. In addition, the handlebars should be within reach, and the bike should not be too heavy to lift off its stand.
Bikers should not take out their motorcycles in poor weather conditions. Water on the road can reduce traction and visibility, making it difficult to safely operate a motorcycle. If you are caught in bad weather while on the road, remember to turn on your light, gently use your throttle, ease on the brakes and slow while turning to avoid sliding.
To avoid motorcycle accidents, you should practice defensive driving. That means being alert, using a signal for lane changes, following other vehicles at a safe distance and abiding by the local traffic laws.
Perhaps most importantly, you should never ride your motorcycle when you are tired or under the influence of alcohol or drugs.
If you are injured in a motorcycle accident, you should seek the counsel of an experienced motorcycle accident lawyer. If you have been injured in a motorcycle accident in Wisconsin, Milwaukee personal injury attorney Natasha Misra today for a free case consultation.
My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.
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