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.
Car accidents can turn your life upside down in an instant. Whether it happens on I-39 near Stevens Point, a quiet street in Wausau, or a busy Milwaukee intersection, the aftermath can leave you wondering what steps to take next. and how long you might have to try to get the compensation you deserve for your injuries.
At Natasha Misra Law, we help victims like you through the legal process and fight for their rights, and we’re here to let you know how much time you have, and some of the other basics of an accident injury claim.
In Wisconsin, the statute of limitations generally gives you three years from the date of a car accident to file a personal injury lawsuit. That might seem like plenty of time, but the clock starts ticking immediately after the crash. If you miss this deadline, you may lose the opportunity to recover compensation for medical bills, lost wages, and other damages.
Keep in mind that exceptions can apply, such as in cases involving minors or government entities. Consulting an experienced personal injury lawyer in Wisconsin can help clarify your specific timeline.
Even though you have up to three years to file a lawsuit, acting sooner is always better. The longer you wait, the harder it can be to collect the evidence needed to build a strong case.
By contacting a Milwaukee personal injury lawyer soon after the accident, you can take steps to make sure that evidence is preserved, and witnesses are interviewed promptly.
If you are injured in a car accident, following these steps can strengthen your case:
Seek Medical Attention Immediately: Visit a doctor. Some injuries, like whiplash or internal damage, may not show symptoms right away.
Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses.
Report the Accident to the Police: A police report creates an official record of the crash. This document can support your case during negotiations or in court.
Consult a Personal Injury Lawyer: Working with a skilled attorney ensures you understand your legal rights and options.
The clock is ticking, and your future is too important to leave to chance. Contact Natasha Misra Law today for a free consultation. We will review your case, explain your options, and fight to secure the compensation you deserve. Call now at (414) 210-3834 and let us help you take the first step toward justice.
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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