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.
Every day, millions of people use rideshare services like Lyft and Uber to get where they need to go. Accidents are inevitable with so many rideshare services on the road, so if you've been involved in a rideshare accident, it's advisable to reach out to an Uber or Lyft accident attorney.
Your Uber or Lyft accident case can take a different turn, depending on the situation. There are specific laws for rideshare drivers and passengers. An Uber or Lyft accident lawyer understands your situation and can help you get the compensation you deserve. Your lawyer will also help you determine the liable party.
Most rideshare accident victims think compensation involves summing up their medical bills and seeking reimbursement from the insurance company. However, if you do this, the value of your losses might be underestimated. Your claim can include more than medical bills. Common damages include:
Your lawyer will help you identify the party at fault and accomplish everything else on your behalf as you focus on healing.
While the rideshare company may seem to have your best interests in mind, they may not be on your side. Rideshare companies and insurers generally focus on keeping these accident settlement costs low. Their representatives can even try to trick you into providing information that can limit your settlement, which is why you need to work with a competent rideshare attorney.
Following these steps after an accident can mean the difference between a successful and unsuccessful outcome:
Determining liability in a rideshare accident depends on the nature of the accident. The at-fault party is responsible for covering all damages. Sometimes it is easy to establish who caused the accident, while other times, it may not be as straightforward. In this case, a lawyer will help you determine the negligent party.
At Natasha Misra Law, we are dedicated to protecting your rights. Therefore, don't hesitate to contact us even when you're unsure whether you have an injury claim or not. Considering what's at stake, you can't afford to risk pursuing compensation alone. Contact us today for a case evaluation if you have been injured in a Uber or Lyft accident.
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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