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.
A multi-vehicle collision often involves several vehicles colliding simultaneously. This kind of accident can have severe consequences and pose significant dangers to the drivers, passengers, and other parties involved.
In most cases, with multi-vehicle collisions, it can be challenging to determine fault as multiple parties are involved. Working with a Milwaukee car accident attorney with experience establishing fault in multi-vehicle collisions is crucial.
An attorney can help ensure the appropriate parties are held accountable and that your claim is processed accurately, allowing you to receive the compensation you deserve.
Handling the aftermath of a multi-vehicle collision can be challenging and overwhelming. It requires the ability to navigate through various legal and insurance processes. Here is what you should do after a multi-vehicle collision to ensure your safety and legal protection:
Several factors are considered when determining fault in multi-vehicle accidents. Your attorney can gather evidence, investigate your accident, and negotiate with insurance providers on your behalf. Some methods used to establish fault include the following:
Gathering Evidence: Your attorney can validate your multi-vehicle collision claim by gathering and analyzing evidence, such as statements from witnesses, police reports, and visual evidence like photos and videos.
Negligence And Contributory Factors: In multi-vehicle crashes, negligence can be attributed to multiple drivers. A driver may be held accountable if they:
Comparative negligence: Every multi-vehicle accident is different; sometimes, fault may be assigned to multiple parties involved. This means that each driver’s level of responsibility is determined, and damages are allocated accordingly. A car accident attorney can work with you to determine if you are at fault. They will then protect your rights and interests and ensure you obtain fair compensation.
Legal proceedings: When fault is disputed or not agreed upon, a lawsuit may need to be filed.
If you are injured in a multi-vehicle accident in Milwaukee, Natasha Misra Law can help. Our lead Milwaukee car accident attorney, Natasha Misra, can help you navigate the process of pursuing compensation. Call us at (414) 210-3834 to schedule a free consultation and get started.
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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