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.
During the COVID-19 pandemic, more people are choosing to stay at home to slow the spread of the virus. Although there are fewer drivers, cyclists and pedestrians taking to the streets, unexpectedly the rate of serious and deadly accidents has increased as drivers become more reckless.
Additionally, many individuals are suffering from accident injuries that occurred before COVID-19. For personal injury victims, COVID-19 presents a handful of challenges for dealing with their claims and getting the compensation they deserve. Medical treatment for injuries may be difficult to access. There may be more uninsured drivers on the road.
If you were injured in an accident before or during coronavirus, you should speak with a Wisconsin personal injury attorney about your accident injuries. Natasha Misra Law is open and available to discuss your case with a free consultation.
COVID-19 is causing serious financial pressure for individuals, families and businesses. The current stay at home order has forced businesses to close, leading to unemployment and reduced pay.
This financial hardship may create pressure for unrepresented accident victims to accept quick settlement offers for their injuries. Settlement money could bring much needed financial relief. For accident victims who do not have an attorney, insurance companies may try to leverage the current economic climate for their benefit and diminish the value of their claims, delay payments or deny their claims altogether.
While it may be tempting to accept an initial settlement offer from an insurance company during COVID-19, I always recommend speaking with an attorney prior to signing any documents. This will ensure that your rights to a full financial recovery after an accident are protected.
During COVID-19, you may find it difficult to seek medical treatment for your injuries or visit your doctor’s office for ongoing treatment. Stay at home orders may prevent you from leaving home. Your doctor’s office may be open to only emergency cases. You may even be feeling COVID-19 related symptoms yourself. However, telemedicine may be available to you in order to continue your treatment and keep medical appointments while maintaining safe social distancing.
Telemedicine is being frequently used to help individuals gain access to medical treatment during COVID-19. For example, telehealth allows accident victims to speak with medical professionals through teleconferencing and by phone. In addition, physical therapy sessions can also be conducted through teleconferencing. Many providers also have portals that allow patients to communicate with their health care provider through an online patient portal.
If you are unsure of how you can continue to receive medical treatment during COVID-19, you should reach out to your doctor or medical provider to learn what options are available to you. By discussing those options with your doctor or medical provider, you will be able to continue to receive the necessary treatment that you deserve in order to recover from your injuries.
Some Wisconsin-based auto insurers are providing financial relief to their customers through refunds and discounts during the COVID-19 pandemic. However, not all drivers will receive these benefits. As more drivers lose their jobs, receive pay cuts and fall behind on monthly bill payments, there may be more uninsured drivers on the road.
If you are injured in a car accident caused by an uninsured or underinsured driver, then you will need to seek compensation from your own insurance company under your uninsured/underinsured motorist policy. You may also have a claim against the personal assets of the at-fault driver; however, recovering compensation from uninsured individuals may be difficult, especially when they are already experiencing financial hardship.
Even when you are dealing with your own insurance company, it is important to have an experienced personal injury attorney on your side to ensure you receive the full benefit of your insurance claim.
During COVID-19, it is important to continue to seek medical treatment, follow treatment plans, and work with your personal injury attorney to build the best case possible. If you have been recently injured in an accident, you should seek medical attention for your injuries and speak with a personal injury attorney about your case.
If you have questions about how COVID-19 may impact your personal injury case, call Natasha Misra Law today at (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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