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.
After an accident, the physical injuries are just the beginning. You’re dealing with constant pain, sleepless nights, the stress of mounting medical bills, and the frustration of not being able to work or enjoy life the way you used to. Maybe you can’t pick up your child, take a simple walk without discomfort, or focus on anything other than your recovery.
These losses are real, and in Wisconsin, the law recognizes them under pain and suffering damages—compensation for what the accident has done to your body, mind, and daily life.
At Natasha Misra Law, we fight to make sure accident victims get the full compensation they deserve. If someone else’s negligence puts you in this position, you shouldn’t have to carry the burden alone. Let’s take a look at how you could recover damages, and how an injury lawyer could support your case.
Pain and suffering refers to the physical pain, emotional distress, and reduced quality of life caused by an accident. Your pain and suffering up to the point of resolution as well as pain and suffering in the future can be taken into consideration. These damages are different from economic losses like medical bills or lost wages—pain and suffering covers the intangible impact of your injuries, such as:
These struggles deserve recognition and fair compensation. We fight to make sure you get it.
For most car accidents, truck accidents, and most other personal injury claims in Wisconsin, there is no limit on what you can recover for pain and suffering. However, there are limits in certain cases:
Insurance companies won’t just hand over compensation for pain and suffering. You need clear, compelling evidence to show the real impact of your injuries. This includes:
At Natasha Misra Law, we gather and present this evidence in the most powerful way possible to fight for the maximum compensation you are owed.
When you’re suffering after an accident, you need a Milwaukee personal injury attorney who is all in for you—someone who doesn’t back down and doesn’t settle for less than what you deserve. This is our mission.
We represent clients in Milwaukee, Appleton, Green Bay, and across Wisconsin, and we take every case personally—because we know this is your life, your future, and your fight.
You shouldn’t have to suffer in silence. If someone else’s negligence has turned your life upside down, let us help you fight for the full compensation you deserve. Get an injury attorney who’s not just another suit on your side. Contact us today. Your pain is real. Your suffering matters. And we won’t stop until you get 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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