Auto Accidents
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.
Seat belts are designed to keep us safe, but what happens if an accident leads to injuries caused by the very restraint that was supposed to protect us? If you were injured by your seat belt in an accident, you may have a claim. Here is a quick overview of what to expect if you have seat belt injuries following a car accident.
Seat belts are intended to keep you safe in the event of an accident. By restraining you securely in your seat, seat belts can prevent ejection and fatality. However, although proper seat belt use may save your life, it can also lead to serious bodily harm. To do its job, the seat belt must be tight and, in an accident, the force of the seat belt can result in injuries ranging from mild bruising to a severe and potentially life-threatening aortic injury.
Seat belts are designed to lock upon impact. Unlike when you are bending down to retrieve something under your seat or to toss something into the back, the seat belt will not move with you in an accident. Upon impact, this force can cause significant bruising, broken bones, abdominal contusions, shoulder injuries, soft tissue injuries, and even open wounds.
Bruised or fractured ribs are common seat belt injuries, but high impact accidents can also result in dislocated bones. These injuries and other chest or sternum bruising can make it difficult to breathe and may even affect your heart and other internal organs.
Additionally, the impact of the seat belt at the shoulder and abdomen can cause soft tissue injuries which may not be immediately apparent. Torn muscle fibers or tendons in the shoulder typically cause pain, discomfort, swelling, and bruising soon after the impact; however, injuries to the abdomen may not cause pain right away. Because soft tissue injuries like herniated or bulging discs can result in chronic pain and discomfort requiring long-term medical treatment and therapy, it is imperative to seek a medical evaluation after an accident even if you are not experiencing immediate pain or an obvious injury.
If you experienced bruising, contusions, or other injuries in an accident, you should take photos of your injuries. Photographs of bruising, for example, are important documentation when seeking compensation after an accident.
Less severe injuries like bruising and soreness can be treated with rest, ice compression, and OTC pain medicine. However, more severe injuries such as soft tissue or skeletal issues often require medical intervention which may include casting, splints, or other corrective measures. Physical therapy or chiropractic care may be adequate, long-term treatment options for soft tissue injuries, but it is not uncommon for surgical intervention to be required for more serious injuries.
Generally speaking, yes. You may be entitled to recover damages for your pain, suffering, and to reimburse you for associated medical expenses. A court will consider the severity of your injuries, impact on your life, and associated medical expenses in determining your damages award. An experienced car accident attorney can help you understand the value of your case.
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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