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.
Wisconsin drivers are required to report motor vehicle accidents that involve:
Those involved in the accident are required to report the accident to the police department, the sheriff’s department, the traffic department or the Wisconsin State Patrol. If a law enforcement officer responds to the accident, they have 10 days to file a report with the Wisconsin Department of Transportation, or WisDOT.
In some cases, however, law enforcement may not respond to a car accident. In those situations, the individuals involved in the accident are required to report the crash to WisDOT. Drivers may get a letter from WisDOT requesting them to complete a report. If you receive this request from WisDOT, then you are required to complete the report. If you do not file a report or complete a report sent to you by WisDOT, then you may be fined for your failure to comply.
If law enforcement does not respond to your accident, then you will need to submit an accident report to WisDOT. To do this, you will need to complete an online form titled “Wisconsin Driver Report of Crash DT4002.” You can find this form online HERE.
Before you begin filling out the online form, however, you should gather the information that you will need to complete the report. WisDOT will request the following information:
WisDOT will also request information about the accident. Specifically, the department will ask you to describe the accident and who was involved. For example, you will need to indicate whether the accident involved a motor vehicle, an animal, a bicyclist, a pedestrian, a parked vehicle or unoccupied vehicle, a fixed object or a non-fixed object.
In addition, you will be asked to discuss any injuries that occurred as a result of the car accident. The report will ask you to indicate whether you have suspected serious injuries (including deep lacerations, broken bones, paralysis, unconsciousness or significant loss of blood), suspected minor injuries (like minor cuts), or possible injuries (such as whiplash, limping or nausea).
Completing the online accident report form should take less than an hour to complete. Not only will reporting the accident help you avoid any potential fines, but you will also be able to use the accident report when seeking damages for your injuries.
After an accident, your insurance company will likely request a copy of the accident report. In fact, before an insurance claim can be paid, the driver responsible for causing the accident must be identified. The driver at fault for the accident will then be responsible for compensating the other driver for his or her injuries and property damage.
Often, the accident report will be used to determine who was at fault for a car accident. In the event that there is a dispute regarding who is responsible for causing the accident, the official accident report will serve as the basis for an investigation into how the accident occurred.
If you have been injured in a car accident in Wisconsin, it is important that either a law enforcement official or you file an accident report with the WisDOT. The report will help identify the at fault party who caused the accident and ultimately help you recover compensation for your injuries.
When injured in a crash, you should also consult an experienced Milwaukee personal injury attorney - Natasha Misra Law. Our law office can help you with the accident reporting process and assist you in obtaining a copy of the accident report. Call our office at (414) 635-2858 for a free consultation and speak with a Milwaukee car accident lawyer 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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