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.
In this blog post, we explore some of the most frequently asked questions about personal injury law. While personal injury can encompass many practice areas, such as car accidents, dog bites, and slip and fall, the basic premise of each claim is similar. Keep reading to learn more about personal injury law and how you can recover compensation for your injuries after an accident.
The person responsible for your accident is often one who caused it to happen. However, liability may depend on several factors, including when, where, and how the crash happened. Auto accidents, for example, often occur due to driver negligence, recklessness, or distracted driving. However, poor road conditions, lack of signage, manufacturing defects and other factors can impact who is ultimately responsible for an accident.
Sometimes, more than one party can be liable for the accident. For example, multiple motorists may be at fault in a highway pile-up. In some cases, a car manufacturer or government entity may be responsible for the accident.
At Natasha Misra Law, we will review the facts of your case to uncover all sources of potential recovery.
If you sustain injuries in an accident caused by someone else's negligence, you may be entitled to seek compensation from the person who caused your injuries in the form of damages. The types of damages you recover from a personal lawsuit include:
The common types of practice areas that can be considered personal injury include:
Other forms of personal injury cases may include animal and dog bites, hit and run accidents, uninsured motorist claims, nursing home neglect or abuse, legal malpractice, spinal cord injuries, boat accidents, and other catastrophic accidents. Natasha Misra Law firm handles a wide range of personal injury cases and can give you the legal representation you need.
A Milwaukee personal injury attorney will handle your legal claim for compensation from start to finish. Your attorney will be your representative in negotiations and in court, advocating for your rights to recovery at every stage of your case. Above all, your personal injury attorney will provide guidance, support, and advice that will help you navigate the ins and outs of your claim and maximize the compensation you are owed.
At Natasha Misra Law, we provide compassionate, yet aggressive representation for accident victims. Among other things, our law firm can help you with:
If you have been injured in an accident caused by another party's fault and received medical treatment, you should not wait to file a personal injury claim. Personal injury claims have a filing deadline, known as a Statute of Limitations. If you fail to file your claim within this time frame, then you will not be able to seek compensation for your accident in the future. Starting the process now can help you avoid a last-minute rush to the courthouse or risk of missing the filing deadline.
After an accident, insurance representatives may start calling to try to settle your potential personal injury claim. They may offer an initial settlement offer, pressuring you to accept less than what your case is worth.
While you are within your rights to discuss your claim with the insurance companies and attempt to negotiate payment on your own, it is wise to consult with a personal injury attorney first. Insurance companies have their own attorneys who are willing to fight your case and diminish the value of your claim. By hiring a personal injury attorney to represent you, you can focus on your physical recovery knowing that your attorney is fighting for payment for your medical bills, property damage, and other losses.
Insurance companies do not have your best interest in mind. Contact a Milwaukee personal injury attorney like Natasha Misra today for a free consultation and learn more about how an attorney can help your case.
Immediately after an accident, the first thing you should do is to stop and make sure that you and everyone else is safe. Take a moment to assess your injuries and property damage (if you can) before calling law enforcement or first responders. If it is safe to do so, you may also want to take photos of the accident and collect contact information from anyone who witnessed the accident.
Of course, you should seek immediate medical treatment after an accident. Even if your injuries appear relatively minor, you should get a proper medical diagnosis. Not only will medical records help support your claim, but you may also discover underlying injuries, such as a brain injury, broken bones and soft tissue damage.
When you hire Natasha Misra, you can expect personalized attention, fair treatment, and dedication in fighting for your rights to achieve impressive compensation for your losses and injuries. At Natasha Misra Law, consultations are free of charge, and represent clients on a contingency fee basis - meaning you do not pay unless we win. Our team will handle every aspect of your case from start to finish, keeping you informed along the way.
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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