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.
Since it's harder for trucks to stop quickly or change lanes at a moment's notice, accidents involving tractor-trailers and heavy commercial vehicles cause thousands of severe injuries and fatalities yearly in Wisconsin. While avoidable, some accidents occur simply because other drivers in smaller vehicles weren't paying close attention to the road.
If you've been involved in a truck accident, it's important that you seek legal counsel from an experienced truck accident attorney. It's especially important to do so if you or a loved one has sustained an injury or been killed due to a collision with a truck. At Natasha Misra Law, we will offer the support and guidance you need to handle these matters as you focus on recovery.
Common Causes of Truck Accidents in Wisconsin Include:
Since trucks are more extensive than ordinary vehicles, speeding a truck can have more catastrophic outcomes. These vehicles react slower to speed-fast changes, thus causing the drivers to lose control. When truck drivers speed, they place their lives and the lives of other road users at risk.
Drivers who make phone calls and text while driving are more likely to cause truck accidents. Unfortunately, despite knowing the dangers of distracted driving, these negligent practices have become alarming.
Heavy commercial trucks should be inspected and maintained frequently. Failing to maintain trailer tires, truck brakes, and other areas can lead to catastrophic outcomes. Therefore, companies must employ truck maintenance personnel and perform routine maintenance on their heavy-duty vehicles.
Even if the truck driver is competent, overloaded trucks or those with improperly balanced or unsecured loads have increased chances of causing accidents. In addition, if the truck driver requires to make a sudden turn, the chances of tripping or rolling over are high.
It can be challenging to prove that an unbalanced or unsecured truck caused an accident. Therefore, contacting a Wisconsin truck accident attorney is essential to help you gather the evidence you need to pursue compensation.
Everyone knows that driving under the influence can cause accidents, but only a few people realize the impact of fatigued driving. Fatigue can set in after a long-distance drive or after any activity.
Emotional stress, boredom, and illness can cause fatigue. These effects can be compounded by overeating, consuming alcoholic beverages, or driving in a cold or overheated truck. If you suspect a fatigued driver caused the truck accident, get in touch with a Wisconsin truck accident attorney at Natasha Misra Law to determine the cause of the crash and pursue compensation
Truck drivers may experience limited visibility that darkens blind spots if roads or highways are lit poorly at night. It may also be difficult for drivers to notice other motorists, narrowing roads or curves.
If you or your loved one has been involved in a truck accident, it is essential to seek legal representation immediately. Our truck accident lawyers will fight to safeguard your rights so that you can focus on recovery. Contact us today to schedule a confidential 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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