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 lead to serious injuries, affecting your physical, emotional, and financial well-being. Dealing with the aftermath of a car accident in Wisconsin can be physically and emotionally overwhelming. After being involved in a car accident, having a trusted legal partner who understands the intricacies of car accident cases can guide you through the process.
Milwaukee car accident attorney Natasha Misra can provide the legal support you need during this time.
When you are injured in a car accident, it is crucial to understand your rights and legal options. As your trusted legal representatives, we will explain your rights professionally. Your rights include seeking appropriate compensation for medical expenses, property damage, lost wages, and pain and suffering. We will ensure your rights are protected throughout the legal process.
At Natasha Misra Law, we specialize in handling car accident cases. We possess the knowledge and resources to navigate the complexities of such cases effectively. Our attorneys are committed to advocating for your rights.
Our team understands the physical, emotional, and financial toll car accidents can have on you and your family. That is why we dedicate ourselves to fighting for fair compensation and seeking justice for you. With Natasha Misra Law by your side, you can rest assured you have a dedicated partner who will tirelessly pursue the best possible outcome for your case.
Navigating the legal process can be complex, especially when focusing on recovering from injuries. As your Milwaukee car accident lawyers, we will provide comprehensive legal assistance tailored to your unique situation. We will handle critical tasks such as communicating with insurance companies, negotiating settlements, and protecting your interests every step of the way.
Our top priority is to maximize your compensation and facilitate your recovery. We understand the techniques used by insurance companies, and we will employ effective negotiation techniques to ensure you receive fair and just compensation. With us by your side, you can focus on healing while we fight for your rights.
You do not have to face the aftermath of a car accident alone. At Natasha Misra Law, we are here to help you and your loved ones. With our professional experience and unwavering dedication, we will guide you through the legal process, protect your rights, and seek the justice you deserve.
Contact us today to schedule a consultation and take the first step towards obtaining the compensation and peace of mind you need to move forward.
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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