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.
You have just learned that your teenage child was involved in a car accident. A million thoughts may be running through your mind. How did the accident happen? Are they injured? Were they at fault?
While these concerns may be quickly addressed once the scene of the accident has been cleared and your child has received medical attention, you may also be wondering what comes next. If your child was injured in an accident through no fault of their own, he or she may be entitled to compensation for their injuries.
The first step is a free consultation with a Milwaukee car accident attorney. During this call, the attorney can review the facts of your teenager’s accident and help you determine whether or not a personal injury case is appropriate.
However, there are several other things you should do as well. In this blog post, we will go over just a few things you can do to help your teenage driver after an accident.
After an accident, your child’s adrenaline may be pumping. They may not have any visible injuries. Still, it is important to seek a medical diagnosis to make sure there are no underlying injuries. Head trauma, deep bruising, whiplash, and even broken bones may not manifest until hours, or even days, after an accident.
A proper medical diagnosis will help document your child’s injuries, but will also provide the basis for their physical recovery. The physician may recommend ongoing treatment, prescribe medication, and schedule follow up appointments. All of this is to ensure your child’s injuries are treated and do not worsen as time goes on.
If your teen calls to tell you they were in an accident, don’t panic. The best way to help them is to call the right people.
After your teen driver has received medical care and the responsibility of speaking with the insurance companies has been given to your attorney, it is time to deal with the aftermath of the accident at home. Make sure that your teen follows the physician’s prescribed treatment plan and goes to all follow up appointments. This will help them in their recovery.
You want the absolute best care for your teenage driver. At Natasha Misra Law, we provide the care, attention, and personalized approach that your child deserves. From the first consultation through the end of representation, we will work with you and your family to help you make a full financial recovery. Contact us today to speak with a Milwaukee car 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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