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.
Don’t worry, if you were in an accident in Milwaukee, Appleton, New London, or Green Bay, you still could have a solid car accident case even if the police didn’t show up to the scene.
Natasha Misra Law is here to let you know what steps you should take, and how a car accident attorney can help with your case. Let’s look at some of the ways you can help ensure your injury claim stands up in court.
Whether or not the police are present, documenting as much information as possible after a car accident is the first step toward a strong injury claim. Take photographs of the accident scene, your injuries, and any damages to vehicles or property. Exchange contact information with the other driver, including driver's license and auto insurance details. Gather contact information from any witnesses who saw the accident unfold. These details can be invaluable in proving liability and supporting your case in court.
If law enforcement doesn't come to the scene of your car accident, it’s a good idea to be proactive and file a report with the local or state police department. Documenting the incident officially can help establish the facts of the case and create a record for insurance purposes. An attorney at Natasha Misra Law can guide you on the best way to report the accident and ensure that your rights are protected throughout the process.
Even if the police don't show up at the accident scene, seeking medical attention for your injuries is vital for your health and well-being. Delaying medical treatment can not only jeopardize your health but also weaken your personal injury claim - the better you document your injuries and the damages incurred, the stronger your case might be. A Milwaukee Car Accident Attorney can explain more, and assist you in getting the necessary treatment for your health and your case.
Going through the aftermath of a car accident without police involvement can be challenging, but with the help of a skilled Milwaukee car accident attorney, you can protect your legal rights and seek the compensation you deserve. Natasha Misra Law has extensive experience in handling personal injury cases in Milwaukee, WI, and can provide the guidance and support you need to pursue a successful claim.
The other party or the insurance companies could be building their defense right now. Don’t wait to get skilled counsel on your side. Natasha Misra Law is here to help you with your personal injury case, and fight for the compensation you deserve. Schedule a consultation with us to discuss your case and learn how we can advocate for your rights.
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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