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.
With snow on the ground, frozen lakes and warm homes, Wisconsin winter can be beautiful. However, it can also be quite dangerous. Roads may be icy. Snow may cause lack of visibility. Car breakdowns are also more common due to the harsh weather conditions.
Should you find yourself in a car accident or broke down on the side of the road during winter weather, having a winter emergency kit packed in your car can be extremely helpful. In some cases, having a well-stocked emergency kit may mean the difference between death and survival.
If you haven’t already done so, you should begin putting together an emergency kit for your next road trip. What you include in your emergency kit will depend on where you drive, how far your drive and if you are traveling with family. In any case, here are the basic essentials every winter driving emergency kit should include.
A basic first aid kit should contain bandages, antiseptic towels, gauze and a first aid manual. The Red Cross also advises drivers to carry the following:
If you are stranded on a rural road because your car broke down, having a few basic automotive tools in the back of your car may help you get back on the road. Many of these tools come stock in new cars, but it never hurts to check your cargo and make sure you have what you need to get out of a tough situation.
A basic emergency kit should include jumper cables, a tire jack, a spare tire and a screwdriver, but you don’t need to stop there. If you are travelling on back roads and more rural areas, consider packing a shovel, an ice scraper, a wrench and other useful tools.
In addition to car tools and a first aid kit, your basic emergency kit should include other items that will help you stay warm, hydrated and enhance visibility. In your emergency kit, pack a flashlight with extra batteries, a large bottle of water and a few snacks. You may also want to pack a heavy blanket in case you have to wait for a tow.
If you are traveling greater distances, consider bringing enough food to last 24 hours. Also, keep a fully charged cell phone charger in your emergency kit in case your cell phone loses its charge. Lastly, you may want road flares or reflective cones to help other drivers safely pass by.
In addition to packing a basic emergency kit, don’t forget to take a few precautions before hitting the road. Check your tire pressure, oil and car battery to make sure your car is safe to drive. Also take time to fully charge your cell phone before leaving your house. Finally, dress for the weather. Wear a heavy winter coat, boots, gloves and a warm hat. Remember, if you are in a car wreck or stranded on the side of the road, you will be without heat.
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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