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.
When you are involved in an auto accident that is not your fault, you are considered the victim of the accident. It is important to preserve your legal rights to the fullest recovery possible. As a Milwaukee car accident lawyer, the following are common mistakes that I observe auto accident victims make on a regular basis that you can avoid.
After an auto accident, it is important to contact law enforcement so an official investigation is conducted of the accident. When you report an auto accident to the police, an officer will generally respond to the scene and investigate how the accident occurred. Additionally, law enforcement will routinely create an accident report which contains important information relating to the accident.
Taking photographs of the scene of the accident and damage will help preserve evidence of how the accident occurred. Many people carry smart phones, which allow them to take photographs at the scene. It is important that all car damage be photographed before the cars are moved. The scene of an auto accident may change the following day. Additionally, any and all injury photographs should be taken to document injuries.
In many cases, there are witnesses at the scene of an auto accident. Unfortunately, auto accident victims often fail to obtain the contact information of individuals who witness the auto accident. Witness statements can preserve evidence relating to how the accident occurred, along with their observations as to the accident scene and the injuries you sustained.
Auto accident victims often experience an adrenaline rush immediately following an accident. For such reasons, you may be failing to report your injuries sustained in the accident. It is important that your injuries be reported to law enforcement. Additionally, you should seek any necessary medical treatment relating to your auto accident injuries.
When law enforcement responds to the scene of the accident, you should make sure that you clearly articulate your understanding of how the accident occurred to the officer. Your statements following an accident are extremely important given the close proximity to the accident.
You may feel sympathetic to the person who caused the auto accident. However, you should remember that you are a victim in this matter. By obtaining accurate and full contact information from this individual, you can hold hold him or her accountable for their actions.
You may avoid seeking the appropriate medical attention you need to make a full recovery following an auto accident. By seeking necessary medical treatment for your injuries, and following the recommendations of your medical doctors and providers, you will be able to make a full physical recovery. Moreover, your medical bills will help support any claim you have against the insurance of the driver who caused the accident.
Insurance companies are seeking to resolve claims for as little as possible, as soon as possible. They do not have an incentive to gain your trust, protect your legal rights, or maximize the financial recovery you are due. For such reasons, you should always consult with a car accident lawyer before communicating with the insurance company of the driver at fault.
You should take the time to understand your legal rights following an auto accident that is not your fault. You may be entitled to claim damages not only for property damage to you car, but also for medical bills, pain and suffering, and loss of earning capacity. A car accident attorney can help you preserve your rights and seek all the damages you deserve.
Be sure that you fully understand the paperwork and consult with a Milwaukee car accident lawyer before you sign anything. For example, insurance companies will often request accident victims to sign medical authorizations. However, these medical authorizations may not be in your best interest and will ultimately allow the insurance company to request any and all medical records from your past and present. For such reasons, it is important that you consult an attorney before signing anything.
If you have been injured in an accident that was not your fault, please consult a Milwaukee car accident lawyer. This will relieve you of the stress and burden following an accident. It will allow you to focus on your injuries and treatment in order for you to reach an optimum recovery.
If you have been injured in an auto accident, you probably have a lot of questions. I offer free consultations for auto accident victims and will be happy to discuss your case. If you are unable to visit me in my office, I will come to you. Please call (414) 210-3834.
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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