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.
Ah summer in Wisconsin. Those precious 2 or 3 months all Wisconsinites cherish. Many of you will spend summer on the waterways, so how about a quick refresher on boating safety.
Wisconsin law requires boats have:
Exceptions to these rules apply to:
Boating safety class is a requirement for a person born January 1, 1989 and after that date. Everyone born before that date is exempt from taking a boating safety course.
Even though children want to have fun and steer the ship, note that a person younger than 10 may not operate a motorboat. A parent or other adult who can legally operate the boat is required for persons ages 10-15 who wish to operate the motorboat. A person 16 or older may operate a motorboat if the person completed the safety course or accompanied by someone who has completed the course or born before January 1, 1989.
What about personal watercraft, like jet skis, you ask. Well, anyone younger than 12 may not operate a personal watercraft. A person 12 years old and up can operate a personal watercraft only if the person completed a boating safety course or was born before January 1, 1989.
Finally, remember that on a boat or personal watercraft, there must be enough life jackets for everyone on board, and remember to check fire extinguishers and nighttime lights on the boat before heading out.
If you are injured while on the water, you may have a legal claim against the person who caused the injury. Many homeowner insurance policies do not cover boats or personal watercraft, which means that boat owners are often required to purchase an additional insurance policy for the boat.
A boat is like a car in that other users are allowed to drive the boat if permission is given by the owner. Thus, it will be important to find out who owned the boat that caused the injury as it may not be the same person who is driving or even on the boat.
Boat accidents can cause serious injuries, and multiple parties may be responsible. Natasha Misra Law represents boat accident victims to pursue compensation for their injuries.
If you or a loved one were injured in a boat accident, Milwaukee boating accident attorney Natasha Misra is here to help you. Our team will review the details of the accident and your injuries to create a strategy to obtain the compensation you deserve. Contact us today for a free consultation to discuss your boat 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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