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.
Accidents can be overwhelming. Not only are you shaken, but you must worry about your health, your safety, and your damaged vehicle. Should you try and drive the vehicle home? Call a tow truck? Let the police have it hauled away? Here is some basic information about what you should do if your vehicle has been damaged in an accident.
As evidence of the accident, cars must be carefully preserved until any accident reports and insurance investigations are complete. To determine fault and assess damages for insurance claims, the insurance companies of all involved drivers will complete an independent damage assessment of the affected vehicles.
Typically, cars that are not drivable from the scene of an accident are towed to an impound lot, tow lot, collision center, auto body shop or home. With the exception of your home, the vehicle is usually accumulating daily storage fees at these locations. Until all assessments and any investigations are complete by the insurance companies, it is important that the vehicles are not altered, repaired, or moved more than necessary.
If the vehicle is deemed a total loss as a result of the insurance investigation, then the insurance company may arrange to pick it up. If the insurance investigation concludes that the vehicle is repairable, then the vehicle repairs may begin at a collision center or auto body shop.
The short answer is yes. If your vehicle is not operable, it should be towed to an impound lot, tow lot, collision center, auto body shop, or it can even be towed home to your driveway if you prefer. If you choose not to tow an inoperable vehicle and leave it near the accident scene, local laws will determine how quickly police have the vehicle towed when you do not return for it. It will then be your responsibility to pay the towing fees, storage fees, and other costs.
While you may have to bear the initial costs for towing and storage, ultimately the responsibility for the expense will fall on the insurance company for at fault driver. Even if you believe another driver is at fault and will have to pay for your towing and storage fees, it is important to have the vehicle towed at a reasonable cost and remove the vehicle from storage as soon as appropriate to mitigate damages.
First, before you move the vehicle it is important to take photos of the accident scene including your car, the other vehicles, and your surroundings. This will be important evidence for insurance claims. The other driver's insurance company will likely want to see the vehicle to perform an independent damage assessment; however, these scene photos will save you from the risk of insurance adjusters questioning whether damage came from the accident or a subsequent event during transportation or storage.
Accidents lead to a lot of back-and-forth insurance negotiations and confusing policy language. An experienced car accident attorney can help lessen the burden of figuring out what specific steps you need to take after an accident. From figuring out how to store your car after an accident to negotiating the insurance settlement you deserve, a personal injury attorney can help make the process a little less stressful. Natasha Misra Law helps with the repair or replacement of your car at no additional cost to you.
Contact Milwaukee personal injury attorney Natasha Misra Law today.
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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