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.
Unlike other personal injury cases, filing a lawsuit against a municipality carries a unique set of rules, standards, and limitations. In order to file a claim against the City of Milwaukee, you must comply with the Wisconsin Statutes, Section 893.80, which sets out the process and procedure for bringing a claim.
If you are looking to file a claim against the City, here is what you should know.
Claims against governmental bodies such as the City of Milwaukee require specific procedures to be followed. Unlike claims against private entities, a notice of claim is to be served upon the City of Milwaukee within 120 days of the incident giving rise to the claim. For such reason, it is crucial to consult an experienced personal injury attorney as soon as possible.
Before you sue the City for damages, you should speak with a personal injury attorney. Cases involving a municipality’s alleged liability are very difficult to prove and carry rigid procedural standards.
There are special procedures that must be followed relating to the claims process before your can even file a lawsuit in Court against the City.
The Wisconsin Statutes require you to submit several types of materials to the City Clerk’s Office:
If a City of Milwaukee employee causes an accident while in the course of employment, then the City of Milwaukee can be held liable for the negligent actions of its employee. In this circumstance, you will need to file a claim against the City and follow the required procedures relating to City claims.
Claims against governmental bodies require compliance with special procedures in order to preserve your claim. For such reason, you should reach out to an experienced Milwaukee personal injury attorney for assistance. A lawyer can help you evaluate your claim, identify your sources of recovery, and prepare for any relevant defenses. While you may think you can go it alone, it is vital to engage the help of a professional who will work to ensure you are positioned to recover as much compensation as possible, so you can move forward with your life.
Contact Natasha Misra Law today to schedule a free consultation by calling our office at (414) 210-3834.
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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