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.
If you've sustained injuries in an accident through no fault of your own, you may have a right to pursue compensation for your medical expenses and other damages through a personal injury claim. However, you shouldn't navigate the personal injury process alone. Insurance companies will begin working from the day of your accident to diminish the value of your claim and persuade you to settle for less than your case is worth.
A Milwaukee personal injury attorney can help you fight the insurance companies so that you receive the compensation you need to pay your medical bills and cover lost wages. Here are just a few ways in which a personal injury attorney can help.
Insurance companies may begin calling you after an accident, asking you to provide statements about what occurred and how you were injured. They may even send an initial settlement offer to you. You should not sign anything or speak with an insurer until you have spoken with a personal injury attorney.
A personal injury attorney will be able to present the facts of your accident to the insurer or other party in a way that maximizes the value of your case. At Natasha Misra Law, our Milwaukee personal injury attorney understands how insurance companies and their legal teams work. We will help you build a strong suit and demonstrate the strength and value of your case while fighting for a fair settlement.
Even if you're involved in a minor accident, a personal injury attorney can help you in many ways. A personal injury attorney can help you clearly establish who was at fault for your accident. In addition, an attorney can help evaluate the severity of your injuries to help you get full compensation for your losses.
In more serious accidents, an attorney may work with medical professionals, accident reconstruction experts, chiropractors, and other specialists to further evaluate the strength of your claim.
At Natasha Misra Law, we will investigate the facts of your case - big or small - so that you get the compensation you deserve. From obtaining police reports to collecting medical bills, our Milwaukee personal injury attorney will work to build the strongest case possible.
After an accident, you need to focus on your health and recovery. However, collecting, organizing and managing medical bills can quickly become overwhelming. A personal injury attorney can help you manage your medical bills and ongoing medical treatments to ensure that all expenses are documented. In addition, personal injury attorneys can work with debt collectors and hospitals, notifying them about your pending case.
Establishing how much your claim is worth on your own can be difficult. Insurance companies will attempt to take advantage of you and pressure you to settle for less than your case is worth. As an experienced personal injury attorney in Milwaukee, Natasha Misra Law will assess the value of your case, investigate your accident, and negotiate with insurance companies on your behalf. Please contact us online or call us at 414-635-2858 to schedule a consultation with a Milwaukee personal injury attorney 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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