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’re walking your child home from school in Milwaukee when a neighbor’s dog breaks loose and lunges. Or you’re visiting family in Green Bay when an unrestrained dog bites you at a public park. Suddenly, you’re facing medical bills, pain, and a child who’s too afraid to play outside.
If this sounds familiar, you’re not alone — and you don’t have to handle it alone.
At Natasha Misra Law, we know that a dog bite isn’t “just a scratch.” It’s an injury that can change your life physically, emotionally, and financially. And when that happens, you deserve more than Just Another Suit® — you deserve a team that treats you like family and fights for what’s fair.
So, how do you hold a dog owner responsible? It starts with knowing Wisconsin’s law and gathering the right evidence.
In Wisconsin, dog owners are strictly liable when their dog bites or injures someone — even if the dog never bit before. If the owner knew the dog had bitten or acted aggressively in the past, they can be forced to pay double damages.
While strict liability helps, proving owner negligence — like a leash law violation or ignoring known risks — can strengthen your case and push for higher compensation. That’s why gathering the right evidence is so important.
To hold a dog owner fully accountable, you’ll want to show exactly how they failed to keep others safe. Common examples of negligence include:
No Leash or Fence: Letting the dog run loose in a neighborhood or park.
Ignoring Past Aggression: Knowing the dog has a history of biting or threatening people but not warning visitors or neighbors.
Breaking Local Laws: Violating Milwaukee’s leash or restraint rules — a clear sign of carelessness.
When you work with Natasha Misra Law, we help gather and protect the evidence that proves what really happened, including:
Don’t worry — you don’t have to handle this alone. We know what to look for and how to build a solid case.
Insurance companies often push back on dog bite claims. They might downplay your injuries or suggest you were at fault. We won’t let that happen.
When you hire Natasha Misra Law, you get:
One careless dog owner shouldn’t cost you your health, peace of mind, or financial security. Let our team handle the insurance companies and legal paperwork while you focus on healing.
Call Natasha Misra Law at (414) 210-3834 today for a FREE consultation with an experienced Milwaukee dog bite lawyer. We proudly serve Milwaukee, Madison, Appleton, Green Bay, and communities across Wisconsin. We’re here to fight for you, every step of the way.
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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