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.
One of the most common injuries suffered after a car accident is a disc herniation, which can cause significant injury. If you have been injured in a car accident, it is important to seek a medical diagnosis and treatment as soon as possible. It is similarly important to contact a Milwaukee personal injury attorney who can help you pursue compensation for your injuries.
The bones in your spine, called vertebrae, protect your spinal cord from injury and provide support for your back. In between each vertebra is a disc, which is a rubbery cushion that acts as a shock absorber. When the disc ruptures, some of its jelly-like center can bulge out or leak out of the disc, creating the condition known as “herniation.” This is an extremely painful and harmful condition.
Any traumatic accident can cause a disc herniation, including a car accident. Anything that exerts excessive pressure on the spine can cause a disc herniation. The force of a collision, even a seemingly minor one, can put enough pressure on the spine and the discs to cause the jelly-like center to push through and create a herniated disc.
In many cases, the herniated disc pushes on the spinal cavity’s highly sensitive nerves, causing anywhere from mild pain to debilitating symptoms. Common symptoms of a herniated disc include:
Most herniated discs are first treated non-surgically with conservative treatments. Some even resolve themselves on their own or with anti-inflammatory medication that works to reduce the inflammation in the spinal canal. Physical therapy is another common recommendation. Other injuries, however, are severe enough to require surgery.
Beyond rest and physical therapy, common treatment options include:
No matter the treatment plan for your herniated disc, the costs can add up. If you have suffered a herniated disc injury in a car accident due to someone else’s negligence, you may be able to receive compensation for your injuries. Depending on your physical, emotional, and financial damages, a Milwaukee personal injury attorney may be able to help you recover compensation for, among others:
If you are considering filing a claim, contact us to discuss your case. We have vast experience in representing clients with herniated disc injuries and we will fight for your right to compensation so that you can move forward and heal.
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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