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 just been in a car accident in Appleton. Your car is damaged, you’re in pain, and you’ve already missed a few days of work. Then, your phone rings—it’s an insurance adjuster, offering you a settlement. It sounds tempting, but is it enough to cover all your bills? What about future medical expenses? Should you sign or wait?
These are the moments when you need someone on your side who knows the game and isn’t afraid to fight back. At Natasha Misra Law, we’ve seen how insurance companies operate in Wisconsin, and we’re here to help you through the process while protecting your rights. Let’s look at a rundown of how insurance companies often operate, and what you should do when dealing with them.
While they may act like they’re helping, insurance companies are focused on minimizing payouts to protect their bottom line. They’re not here to look out for your best interests—that’s our job.
Adjusters may ask you to sign forms or provide recorded statements. Without proper guidance, these could limit your ability to pursue full compensation. Always consult with an attorney before making a statement or agreeing to anything.
Insurance companies have teams of adjusters and lawyers working to minimize your compensation. But with Natasha Misra Law, you’ll have an advocate who’s just as prepared. We’ll handle the heavy lifting, so you can focus on recovering.
Here’s how we help accident victims like you:
We proudly serve accident victims across Wisconsin, including Milwaukee, Green Bay, Madison, Appleton, Hales Corners, and surrounding areas. Wherever you are, we’re here to help you get back on your feet.
We know how overwhelming it can be to deal with insurance companies after a car accident. The medical bills, repair costs, and emotional toll can pile up quickly. That’s why we’re committed to taking that burden off your shoulders.
When you work with Natasha Misra Law, you’re getting more than a personal injury attorney. You’re getting an advocate who cares about your recovery—physically, emotionally, and financially. Don’t settle for less than what you’re owed. Let us level the playing field and secure the maximum compensation possible. You deserve a partner who’s not just another suit—you deserve a fighter who really cares.
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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