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 or a loved one have been injured in a T-bone car accident, one of the first steps in your recovery process is to contact a Milwaukee auto accident attorney. T-bone car accidents, also known as side impact collisions or intersection accidents, can cause severe injuries and even death.
An experienced Milwaukee car accident lawyer will fight on your behalf to hold a negligent driver accountable for their actions and help you recover the compensation you deserve for your injuries.
Read on for common causes of T-bone collisions, what to do if you have been involved in one, and what potential damages our law firm can help you recover after your accident.
Most T-bone crashes are caused by a driver’s negligence. T-bone accidents are often the result of a driver failing to stop when they should, causing them to hit the side of another vehicle. The following are some common causes of T-bone collisions:
If you were struck by a distracted driver, that driver is likely responsible for the collision. However, it is important to contact a lawyer to evaluate your case, as it is not always clear which party is at fault in a T-bone accident. Our attorneys will review the evidence presented to hold the distracted driver fully responsible. Without the expertise of an attorney, the insurance carrier may try to attribute comparative fault on you, which may affect the damages you can recover.
If you are injured in a T-bone collision you should:
When you come to our office, we will assess your case and seek the appropriate compensation for your injuries. If another party was negligent, and that negligence caused your injuries, you may be able to recover the following damages:
T-bone accidents can result in severe injuries and you should be awarded damages to compensate for your losses. Reach out to our offices today for a free consultation to discuss how we can help you get the insurance settlement or jury award that you deserve.
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}
