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 have been in a car accident, it is important to seek medical treatment as soon as possible to identify and treat all car accident related injuries. Some car accident injuries are obvious, like a broken bones, cuts and bruises. Others may not be so obvious, such a soft tissue injuries and brain damage.
The following have been identified as the most common car accident injuries.
The most common injuries sustained in a car accident are soft tissue injuries. In a car accident, connective tissue such as tendons, ligaments and muscles may be damaged by the force of impact.
When filing an insurance claim, these types of injuries are often difficult to prove. Succeeding on a personal injury claim involving soft tissue injuries may hinge on a medical examination.
If you have sustained soft a tissue injury related to a car accident, it is imperative you should seek immediate medical attention for a diagnosis.
Other common injuries suffered in auto accidents include cuts and lacerations. These injuries may be caused by loose objects in the car, such as books, cell phones, sunglasses and coffee mugs. These loose items may become airborne, creating a hazard of injury. Glass may also break, metal may be bent and sharp edges may become exposed during a car accident.
Cuts and lacerations are often treated with stitches or surgery. Minor cuts and lacerations may heal over time, but more severe cuts can lead to long-term health complications, permanent disfigurement and painful scarring.
Documenting these injuries following a car accident can help you prevail on your personal injury claim. In addition to seeking medical treatment, you may want to photograph your injuries following the accident.
Broken bones are another common form of injury to follow car accidents involving high-speed collisions. Impact with the interior components of like the steering wheel, dashboard and even an airbag can lead to broken wrists, arms, legs and ribs.
Like major cuts and lacerations, broken bones will require medical treatment. Broken bones are often treated with casts or surgey, depending on the severity of the break. Injuries involving broken bones may take months to heal in addition to years of physical therapy. in the most serious cases, broken bones can cause long-term damage and affect your quality of life.
When making an insurance claim for an auto accident, you will need to take into account any ongoing medical expenses related to broken bones. For example, your injuries may require ongoing surgery or physical therapy.
Head injuries caused by a car accident may be more difficult to self-diagnose, which is why seeking a proper medical evaluation immediately following an accident is so important. Head injuries can range from a concussion to traumatic brain injury, and can significantly impact your quality of life.
Some injuries may not be visible following a car accident. For example, internal bleeding and damage to organs may occur in car accidents. Such injuries require immediate medical attention and treatment.
Injury to the spine, neck and back are other common car accident injuries, the most common being whiplash.
Whiplash, which is a form of soft tissue injury, occurs when connective tissue in the back is stretched due to sudden rapid movement.
In the worst of cases, spine, neck and back injuries may also lead to paralysis or even death. Those suffering from pain in their spine, neck or back after a car accident should consult a doctor for a proper diagnosis.
If you are injured in a car accident, you should seek immediate medical attention for diagnosis and treatment. If you have been injured in a car accident in Wisconsin, you should also seek the advice of a Milwaukee car accident lawyer. Call Milwaukee personal injury attorney Natasha Misra at 1-800-989-6385 for a free case 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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