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.
Being involved in a truck accident can be incredibly scary, and with so many trucks out on the road at any given time, there’s no shortage of them. With so many people out on the road, it’s no surprise that collisions happen every day.
As we continue to enter our freeways, highways, and streets in droves, we should remain vigilant as accidents can happen in the blink of an eye. While there are multiple ways to get into an accident while out on the road, here are the most common types of truck accidents:
Truck rollover wrecks are arguably one of the most terrifying accidents imaginable. These wrecks can happen for several reasons:
One or a combination of these reasons can cause the trail to spin and roll the truck over one side, causing a dangerous situation for everyone on the road.
These accidents occur when commercial trucks with trailers make wrong turns or braking maneuvers, causing the trail to sway sideways to form a shape similar to that of a folding jackknife.
Rear-end wrecks happen when truck drivers are speeding, distracted, or cut off by other drivers who then slam on their breaks. Tailgating or following too closely can lead to devastating rear-end collisions with other vehicles.
Head-on collisions occur when a truck collides head-first with oncoming traffic. Potential causes of head-on accidents include distracted driving, speeding, or driving while under the influence. However, these collisions can also be caused by other vehicles swerving into the lane in which the truck is driving.
T-bone accidents occur commonly at intersections. Large commercial trucks traveling through intersections sometimes ignore stop signs or run red lights, violating the proper right of way at the intersection. As a result, they collide with the sides of other vehicles, forming a “T” shape.
These accidents happen if a truck stops suddenly and the approaching smaller vehicle gets trapped under the trailer. In addition, actions such as merging or changing lanes and when a car is in the truck’s blind spot are common causes of under-ride accidents. This is why it’s so important to follow the signs posted on the back of trucks, and to remain aware of your surroundings while in a smaller vehicle.
Cargo should be appropriately secured and loaded onto a truck trailer. Improperly secured cargo can sway and fall off the truck into the road, causing a safety threat to other road users.
These accidents occur when the truck driver fails to brake in time to prevent a potential accident. While there are times where this could have been avoided, brakes can also fail due to wear and tear or manufacturer defects.
At Natasha Misra Law, we understand that the outcome of your case will affect your life for years to come. As a personal injury attorney, Natasha Misra ensures that you are treated fairly and will work tirelessly to get you the fair financial compensation you deserve.
Contact us today for a free, confidential consultation if you live in Wisconsin and need help filing a compensation claim after truck accidents.
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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