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 were driving to Appleton and they came out of nowhere. Now your car is ruined, the bills are piling up because you can’t get back to work, and you can barely get out of your chair.
Someone else’s reckless behavior has deeply affected your life. But how can this person be held responsible for what they’ve caused?
If you’ve been injured by a drunk driver in Wisconsin, Natasha Misra Law is here to let you know more about how the driver could be held responsible in different court systems.
The civil system focuses on holding the drunk driver accountable by seeking financial compensation for the damages and injuries you've suffered, while the criminal system deals with punishing the drunk driver for breaking the law.
In the civil system, you have the right to file a personal injury lawsuit against the drunk driver to seek compensation for:
Medical Expenses: You can recover costs related to medical care, including emergency room visits, surgeries, medications, physical therapy, and any future medical treatments needed due to the injuries caused by the accident.
Lost Wages: If your injuries have caused you to miss work, you can seek compensation for the income you’ve lost during your recovery. This may also include compensation for any reduction in your earning capacity if your ability to work is permanently affected.
Pain and Suffering: This compensation covers the physical pain and emotional distress you have endured because of the accident and its aftermath, including ongoing discomfort, anxiety, and other forms of mental anguish.
Other Damages: Depending on the details of your case, you may also be able to claim additional damages, such as property damage, loss of enjoyment of life, or punitive damages aimed at punishing the drunk driver for their reckless actions.
A skilled Milwaukee car accident lawyer can help you navigate the legal process and ensure you receive the compensation you deserve.
On the other hand, the criminal system is responsible for holding the drunk driver accountable for their actions. If the driver is charged with operating under the influence (OWI) which is commonly referred to as driving under the influence (DUI), they may face criminal penalties such as fines, license suspension, or even jail time. While the criminal system aims to punish the wrongdoer, the civil system focuses on providing you with the financial relief you need to move forward.
Being hit by a drunk driver can have lasting physical, emotional, and financial consequences. By getting legal guidance from Natasha Misra Law, you can rest assured that your case is in capable hands.
If you or a loved one has been involved in a car accident caused by a drunk driver, don't hesitate to contact us for a consultation. Let us help you through the legal process and secure the compensation you need to recover and continue. Reach out now and get a lawyer who’s not just another suit on your side.
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.
.avif){kind=small}
.avif){kind=small}
.avif){kind=small}
