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’ve been injured in a car accident in Milwaukee. The bills are piling up. You’re missing time at work. And now the insurance company wants to talk about a settlement.
But how do you know what’s fair? Should you accept their offer? And who’s really looking out for your best interest?
At Natasha Misra Law, we understand how confusing and stressful settlement negotiations can be — especially when you’re recovering from an injury. Our team is here to help you make smart decisions, protect your rights, and secure the compensation you truly deserve.
A settlement is an agreement between you and the at-fault driver’s insurance company to resolve your claim without going to court. In most cases, it’s how car accident cases in Wisconsin are resolved.
But just because a settlement avoids trial doesn’t mean it’s simple — or fair. Insurance companies are trained to protect their bottom line, not your recovery. That’s why having a lawyer who knows the process can make all the difference.
You don’t have to take on the insurance company alone.
When you work with Natasha Misra Law, we handle every part of the negotiation process for you — from gathering medical records and building your claim to pushing back on low offers and demanding what you’re truly owed.
We’ve helped clients across Milwaukee and Wisconsin navigate the insurance process and recover the compensation they need to move forward. We’ll do the same for you.
Every case is different, but here are some of the biggest factors that influence the value of your car accident settlement in Wisconsin:
Who Was at Fault: Liability plays a key role. If the other driver was clearly negligent, you may be entitled to more.
Your Injuries: The more serious your injuries — and the longer your recovery — the more compensation you may need.
Medical Costs: This includes hospital bills, ongoing treatment, physical therapy, and projected future care.
Lost Income: If you missed work or can no longer do your job the same way, that loss should be reflected in your settlement.
Pain and Suffering: Emotional distress, physical pain, and loss of enjoyment of life can and should be part of your compensation.
We don’t just accept the first offer — and we don’t let the insurance company decide what your recovery is worth. Here’s what we do:
Our job is to help you get back on your feet — physically, emotionally, and financially — and we take that job seriously.
If you’ve been injured in a car accident in Milwaukee, you deserve more than a quick payout. You deserve an advocate who will stand by you and fight for every dollar you’re entitled to.
Schedule your free consultation today. Let our team handle the negotiations so you can focus on healing. We’re here to protect your rights — because it’s our purpose and our mission.
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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