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 a bike crash, you can face significant damages that are hard to overcome. If you were hit by a car on your bike, the car driver could be held accountable for their negligence. To receive compensation for your injuries and damages, you will need to pursue legal action against the at-fault driver's insurer. The insurance company's adjuster will then examine your claim.
Since insurance adjusters aim to protect their insurance companies' interests, they will always strive to reduce your compensation amount. Because of this, you're going to want the help of a Milwaukee bike accident lawyer to represent you and calculate the actual amount of your claim.
Under Wisconsin law, you are entitled to recover a monetary settlement for your injuries and damages after a bike accident. These could include:
If you suffered severe injuries that required medical treatment or emergency services, you might recover those medical expenses from the negligent party that caused the accident. These costs will cover past and future medical bills for:
Pain and suffering damages refer to the physical and emotional trauma you suffered following a bike accident. You may develop anxiety which makes you fearful of riding your bike or even makes it hard for you to participate in social situations, leading to missing work or other social activities. Be sure to document these types of damages because they are recoverable.
Serious bike injuries can leave you injured to the point where you cannot earn income because you couldn't perform your job or you were at the doctor's office. In this case, you can seek compensation that covers what you would have been paid if you had been able to go to work.
You can recover compensation for personal property that was damaged following your crash. For instance, if your bike, cell phone, helmet, or smartwatch was destroyed in the accident, you can recover those damages.
If you have been injured in a Milwaukee bike accident, hiring a Milwaukee bike accident attorney could be a good place to start. An experienced attorney will investigate your bike accident, determine the at-fault party, represent you in court, uncover insurance policies and acquire the necessary documentation to optimize your recovery.
To get the legal help you need, call (414) 210-3834 to discuss your case confidentially with our lead bike accident attorney, Natasha Misra.
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}
