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.
Wisconsin offers a wide range of water recreation options, including boating adventures. Unfortunately, most boating wrecks are caused by excessive speed, operator inexperience, improper lookout, and intoxication. Additionally, boating accidents can lead to injuries, both minor and severe.
Knowing what to do in case of a boating accident can save you a lot of trouble and ensure the situation is under control. Here are important steps to take immediately after a boating accident in Wisconsin.
Ensuring everyone is safe after a boating crash should be your priority. If the boat is still afloat after an accident, do a headcount to see whether everyone is still onboard. If not, find the missing occupants and bring them back into the boat. Administer first aid to the injured occupants, if any. You should also consider calling emergency medical services if there are injuries or signs of an injury.
If your boat collided with another boat or other water vessel causing property damage or injury, there should be a record of the incident. The job of law enforcement is to assess the situation and file a report. This report will be mainly beneficial if you file a lawsuit against the negligent party.
Once you ensure everyone is safe, the next step is to document the events of the accident. Documentation should start as early as the day the wreck happened. The process of gathering information should include the following details:
Another essential step is to let your insurer know about the accident. Your insurance company is responsible for reimbursing you for any damages caused on your vessel based on the terms and conditions of your boat insurance policy.
After being involved in a boating accident, it’s important that you seek medical attention as soon as possible. While you might not think you’re hurt, you could have sustained injuries that won’t be noticeable until later, or when they’ve gotten considerably worse. More serious injuries that might not be noticeable right away can include:
Of course, not all boating accidents have to result in serious injury, but seeking medical treatment for things like minor cuts and scrapes can also prevent infection later, even if they seem minor at the moment.
If you decide to file a lawsuit, an attorney can help investigate your accident and gather the necessary evidence to build a robust case against the at-fault party. A skilled attorney can make your legal recourse easier and more efficient.
Boating accident attorneys understand Wisconsin court systems and are aware of the rules that will apply to your case and will do everything possible to make your claim successful.
If you or a loved one has been involved in a Wisconsin boating accident that resulted in serious injuries or damages, we can help you pursue the compensation you deserve at Natasha Misra Law. We serve clients across Wisconsin, including Madison, Milwaukee, Appleton, Hales Corners, and Green Bay.
Contact us online or call us at (414) 210-3834 to schedule a free consultation with Natasha Misra, our lead Wisconsin boating accident attorney.
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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