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 result in serious injuries and even death. Even without broken bones or internal injuries, less severe injuries like cuts and lacerations can leave accident victims with permanent scars. If you experience scrapes or cuts in a car accident and need stitches, you may be entitled to compensation for your injuries. Here is a brief overview of what to expect if you are injured in a car accident and require stitches.
A laceration is is a deep cut that tears through the skin. In a car accident, skin can be cut by impact with interior components of the car or debris. As a result, foreign material, such as glass shards from a broken windshield, can enter the body.
If you are cut in a car accident, you should assess whether your injuries require emergency medical intervention or if you can treat the wound at home. Deep cuts, debris-filled wounds that are difficult to clean, and cuts with uncontrollable bleeding require medical attention. Stitches, staples, or steri strips may be used to close the wound. You may also need a Tetanus shot or other medication to protect you from wound-related illness or infection.
After you receive appropriate medical treatment, you should promptly file a claim with the responsible party’s insurance company. It is important to keep a detailed record of all medical treatment, including evaluations, medication, and other accident-related expenses. This record should include photographic documentation of your injuries before and after medical care, as well as throughout the healing process. You should also ask the medical professional providing treatment if your injuries will result in permanent scarring or require scar revision down the road.
An experienced personal injury attorney can assist you with compiling this information to ensure you receive the compensation you are entitled to, sparing you from personal involvement in the back-and-forth dealings with the often difficult insurance companies.
Untreated lacerations can result in scarring, disfigurement, and even fatal blood loss. If you have a laceration that is more severe than the routine scrape or cut you treat at home, you should seek a medical evaluation to determine the best course of treatment. Stitches are a common form of treatment that promotes healing and reduces the risk of infection by closing the wound, protecting underlying tissues, and even reduces scarring.
You can typically receive compensation for any medical bills, lost wages, or other expenses resulting from the car accident injuries. If injuries result in scarring, you are entitled to compensation for this permanent injury. The amount you are entitled to varies based on the severity of your injuries, impact on your work and home life, and total medical expenses. Emergency room visits are expensive and any treatment rendered there can be costly. Depending on the nature of your injury, you may be unable to work or your injuries may otherwise impede your day-to-day activities.
If you have been injured in a car accident, an experienced personal injury attorney can assist you with understanding what claims you may have against the responsible party and can help you determine how much compensation you may stand to recover. Contact our office today to schedule a free consultation.
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.
.avif){kind=small}
.avif){kind=small}
.avif){kind=small}
