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.
A car accident can seriously impact your life - especially when someone else’s negligence is to blame. From the pain of serious injuries to mounting medical bills, it may feel as though you will never fully recover.
There are several important steps you need to take to ensure you are protecting your right to compensation in the wake of a serious car accident. Fortunately, you can hire a personal injury attorney who works with car accident victims who can help you every step of the way.
In this blog post, we will walk through some of the key steps that car accident victims should take in order to recover physically, emotionally, and financially.
The very first step you should take in a car accident in Milwaukee is to call the police - no matter how serious (or seemingly minor) your injuries are.
The responding officer will record the details of the incident and capture them in an official accident report. You will be able to request a copy of this report from the Milwaukee Open Records Office. Once you make the request, the copy will be mailed or emailed to you.
If you are unsure of how to request a car accident report in Milwaukee, your attorney will obtain a copy of the report. The report will contain important information such as the name of the at fault party, insurance information, and the names of any witnesses.
As soon as possible after the accident, be sure to also take photos of the accident scene - including your injuries and the damages to both vehicles. Additionally, speak to any eyewitnesses. Take down their contact information and names in the event you need to speak to them later about their recollection of the accident.
If you are unable to take photos of the damage at the scene of the accident, you should take photos of any damage to the vehicles or injuries shortly after the accident.
Never delay seeking necessary medical treatment after a car accident. Regardless of whether you think you can receive compensation for your car accident injuries, seek any and all treatment that you need. This will allow you to heal physically while creating a record of the injuries you sustained.
If you have questions about medical treatment after a car accident, your attorney should be able to help. At Natasha Misra Law, we make sure that our clients receive the medical care they need to fully recover.
As soon as possible after the accident - and once you’ve received the medical treatment you need - assess the damage to your vehicle. At Natasha Misra Law, we also help our clients with the process of repairing or replacing their vehicle at no additional fee.
No matter how serious your accident, it is recommended that you speak with an experienced Milwaukee car accident attorney. Your attorney will file the necessary insurance claims to seek compensation for your physical, emotional, and financial damages.
Numerous complications can arise when it comes to filing a claim. If the other driver was uninsured, you may choose to file a claim for your own uninsured motorist coverage, but often, insurers will limit the amount owed to you. And when you file a claim against the other driver’s insurance if he was insured, adjusters often limit your damages award as much as possible in order to protect their bottom lines.
A skilled personal injury attorney can investigate the facts of your case, request an accident report, collect your medical records and bills, and present your file in a way that maximizes your settlement amount.
If you’ve been injured in a car accident, contact Natasha Misra Law today to schedule a free consultation.
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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