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.
Do you have a personal injury case in Wisconsin, and wondering if you can afford a personal injury attorney? Unfortunately, one of the major reasons personal injury victims are hesitant to seek legal representation is that they think they cannot afford to hire a personal injury lawyer.
These worries often come from misunderstandings about the fee arrangement in personal injury matters. Natasha Misra Law uses a contingency fee. Our clients do not pay upfront or out-of-pocket to hire us. Rather, Natasha Misra Law only receives attorney’s fees if compensation is obtained for our clients.
If you have been injured in an accident in Wisconsin, you may wonder if you have a personal injury claim. In most cases, a personal injury claim is based on the legal ground of negligence. This means that to have a valid claim, you must show that you were injured by someone who failed to act reasonably and that negligence resulted in the injuries.
Proving negligence involves a lot of investigations and documentation, and you might only know if you have a claim if you consult an experienced personal lawyer. An attorney will collect critical evidence and investigate your case to determine if you have a personal injury claim. They will also help you pursue compensation for your injuries.
Natasha Misra Law is equipped to handle the complex process of building a solid personal injury claim. We can also help you obtain fair compensation without a time-consuming, lengthy trial process. Our Wisconsin personal injury lawyers will provide the following services:
Personal injury cases handled by a skilled lawyer are settled quicker and more efficiently than unrepresented claims. Plus, they recover more damages.
The personal injury attorneys at Natasha Misra Law have contingency fee arrangements where you do not pay unless we win. This arrangement discusses relevant costs and expenses at the initial stage of the claim, including the attorney's fees, court expenses, and the damages your attorney will cover.
With a contingency arrangement, you would not have to worry if you will afford a personal injury lawyer. By hiring Natasha Misra Law to handle your case, it will give you peace of mind to focus on recovering from your injuries.
If you have been injured in a Wisconsin accident and are looking for a personal injury attorney, Natasha Misra Law can help. Call us at (414) 210-3834 to schedule a free consultation and get started.
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.
.avif){kind=small}
.avif){kind=small}
.avif){kind=small}
