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.
You weren’t even driving, and now you have whiplash. Or you were t-boned while your friend was taking a left in downtown Milwaukee. It hurts, and the whole situation makes you feel powerless because you had no control over what happened.
If you’ve been a passenger in an accident in Appleton, Green Bay, or anywhere else in Northern WI, you’ll want to know more about your legal options. Natasha Misra Law, your trusted personal injury law firm in Milwaukee, WI is here to empower you by helping you understand your rights and how you can get the compensation you deserve for your injuries.
Passengers have the right to pursue compensation if they were injured due to the negligence of another party. Whether the driver of the vehicle you were in or another driver on the road caused the accident, you may be entitled to seek damages for:
Your Medical Expenses: This includes compensation for hospital bills, doctor visits, prescription medications, physical therapy, and any other medical treatments necessary due to the accident.
Lost Wages: If your injuries prevent you from working, you may be entitled to recover the income you lost during your recovery period, as well as any future earnings if your ability to work is permanently impacted.
Pain and Suffering: This refers to compensation for the physical pain and emotional distress you have endured as a result of the accident and your injuries.
And More: Depending on the specifics of your case, you may also be eligible for additional damages, such as loss of consortium, property damage, or punitive damages intended to punish particularly reckless behavior.
Our Wisconsin car wreck lawyers at Natasha Misra Law are here to help you understand your rights as an injured passenger, reach out today to learn more.
To have a successful case as an injured passenger in a car wreck, it is crucial to determine liability for the accident. Liability could fall on the driver of the vehicle you were in, the driver of another vehicle involved in the accident, or even another party, such as a manufacturer or a municipality responsible for road maintenance. Our Milwaukee car wreck lawyer team will investigate the circumstances of the accident to identify the party or parties at fault and build a strong case on your behalf.
The fact that your close friend or loved one caused an accident should not deter you from pursuing a case. In most circumstances, your case will only involve pursuing their insurance company for compensation.
Furthermore, the state of Wisconsin has a direct action statute that keeps you from having to file a case directly against a friend or loved one who was driving you at the time of the accident. Wisconsin Statute 632.24 basically says, if you want to get compensation for your injury, you may file suit directly against the insurance company of the at-fault party.
At Natasha Misra Law, we understand the challenges that injured passengers face after a car wreck. Our dedicated team is committed to providing personalized legal representation and fighting for the compensation you deserve.
Don't wait to get the help you need - let us advocate for you and protect your rights. Our experienced Wisconsin car wreck lawyers team will review your case, explain your legal options, and guide you through the process of seeking the compensation you are entitled to. Get a lawyer who’s not just another suit 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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