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.
In the realm of transportation, trucks play an integral role in ferrying goods across cities and states, including the bustling roads of Milwaukee, Wisconsin. However, there exists a silent danger that often goes unnoticed—the perils posed by overloaded trucks. As a legal advocate for victims of truck accidents, Natasha Misra Law sheds light on the dangers associated with overloaded trucks and their impact on road safety.
When a truck carries a load beyond its designated capacity, it becomes an overloaded truck. This situation arises when the cargo exceeds the maximum weight limits set by regulatory authorities. Overloading puts undue strain on various components of the truck, compromising its stability, maneuverability, and overall safety.
Overloaded trucks pose a profound danger due to the immense strain they place on the vehicle's structure and functionality. When a truck surpasses its designated weight limit, it compromises crucial safety aspects. Firstly, braking ability is severely affected, requiring significantly longer distances to come to a stop, increasing the likelihood of collisions. Secondly, overloaded trucks struggle with stability and control, making them susceptible to tipping, swaying, or even jackknifing, endangering everyone on the road. Moreover, the excess weight accelerates wear on essential components like brakes and tires, heightening the risk of mechanical failures that could lead to catastrophic accidents. Overall, the dangers of overloaded trucks reverberate through compromised road safety, increasing the probability of accidents with devastating consequences for all involved.
In the aftermath of a collision caused by an overloaded semi-truck in Milwaukee, seeking the expertise of a seasoned truck accident attorney becomes paramount. At Natasha Misra Law we offer invaluable assistance by meticulously investigating the accident. We delve into critical details, and help to gather evidence to ascertain the cause, often uncovering negligence or violations of weight regulations by the trucking company or driver. We also help to navigate the complexities of insurance claims, and advocate on behalf of the victim for rightful compensation to cover medical expenses, lost wages, rehabilitation costs, and pain and suffering.
If you have been injured in a collision caused by an overloaded semi, Natasha Misra Law can help, Contact us today through our website or by calling (414) 210-2824.
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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