Auto Accidents
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.
If you’ve been in an accident that wasn’t your fault in Green Bay, Milwaukee, Appleton or Fond du Lac you probably have some questions about your legal options. What happens if the other driver didn’t get a ticket? How does that affect my motor vehicle accident case?
You’ll be glad to know that a ticket at the scene doesn't necessarily determine liability, and you can still make a case. If you’re thinking about a car accident injury claim in Wisconsin, Natasha Misra Law is here to help you make informed decisions - because helping people with their accident cases is our calling. Let’s look at some of the ins and outs of accident cases, and how a ticket can affect them.
In Wisconsin, liability in car accident cases is determined by negligence, which includes proving the other party’s failure to exercise reasonable care to prevent harm to others which is also referred to as a breach of duty. The presence or absence of a traffic ticket does not necessarily directly correlate with this breach of duty. In other words, even if the at-fault party didn't receive a citation at the accident scene, it doesn't absolve them of responsibility. Let’s break down the basics of a car accident case:
Duty of Care: This refers to the legal obligation each person has to exercise ordinary care under similar circumstances to avoid creating unreasonable risk of injury to others. In the context of driving, it means following traffic laws, maintaining control of the vehicle, and driving safely.
Breach of Duty: If a driver fails to uphold their duty of care, they may be considered negligent. This could include actions such as speeding, running a red light, driving under the influence, or any other behavior that deviates from what a reasonable person would do in similar circumstances - importantly this does not have to include a ticket-able offense.
Causation: The plaintiff must demonstrate that the defendant's breach of duty caused the injuries in question. This can sometimes be straightforward, such as in cases where one car rear-ends another, but in other instances, it may be more complex to establish a clear causal link.
Damages: Finally, the plaintiff must show that they suffered actual harm or damages as a result of the accident. This can include medical expenses, lost wages, property damage, pain and suffering, and other losses incurred due to the injury.
Car accident cases involve a thorough analysis of many kinds of evidence including, but not limited to:
Traffic Laws: Violating traffic laws can be evidence of negligence, but not receiving a ticket doesn't mean the at-fault party behaved lawfully.
Police Reports: Police reports are valuable in documenting the details of the accident, but they are not the sole determinant of liability.
Eyewitness Testimony: Witness statements can provide crucial insight into the circumstances of the accident and help establish fault.
Whether you’re in the Appleton area, down by Sheboygan, or up in Green Bay, a skilled car accident attorney can help you start your case with confidence. At Natasha Misra Law, we have a proven track record of helping accident victims seek justice and fair compensation
As Milwaukee personal injury attorneys, it is my mission to ensure that you are treated fairly and receive the financial compensation you deserve. My team works with clients from all over Wisconsin, and we are determined to obtain the best financial awards and settlements for you. - Natasha Misra
If they didn’t get a citation at the scene, it doesn't mean you can't pursue a personal injury case. Our experienced legal team will thoroughly investigate your case, gather evidence, and build a strong argument to support your claim. Your rights matter, and we are here to fight for you. Contact Natasha Misra Law today and let us help you get the justice and compensation you deserve.
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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