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.
If you are filing a slip and fall accident lawsuit in Wisconsin, there is a time limit within which you must make a claim for compensation. This time limit, known as the Statute of Limitations, varies depending where and how an accident occurred.
Under Wisconsin’s civil statute of limitations, you generally have three years to initiate a lawsuit in a personal injury case. However, if you slip and fall on government property, you may be required to provide a notice of injury declaring your interest to sue within 120 days.
If you suffer injuries on someone else’s property, you may be entitled to compensation for your injuries. Speaking with an experienced Milwaukee slip and fall attorney can help you determine if you have a case. By starting the process now, you can avoid missing the statute of limitations deadline and pursue your case.
If there is a hazardous or dangerous condition in another person’s property and you suffer injuries due to a fall, it can be considered a slip and fall accident. However, not all slip and fall incidents lead to legal action. To be successful, you need to prove that the property owner was negligent and their negligence caused your injuries.
If a dangerous or unsafe condition caused your fall, then you may be able to seek a premises liability claim. The property owner is responsible for keeping their property safe and can be held accountable for any accidents on their premises if they fail to do so. Examples of conditions that can be termed as unsafe include:
If you have been injured in a fall and slip accident, you must file a personal injury lawsuit within three years from the time of the accident. However, the state of Wisconsin offers exemptions to the 3-year statute that can cause the time limit to be reduced or extended based on the circumstances of each case.
The statute of limitations may be lengthened if you were below 18 years at the time of the accident and your guardian or parent failed to take legal action on your behalf. On the other hand, if your slip and fall accident occurred on government premises, the statute of limitation could be more limited. In this case, you must follow rigorous rules to submit a notice of injury to the government detailing your accident and injuries within 120 days.
If you were injured in a slip and fall accident, you do not need to pursue your claim alone. Contact a personal injury attorney as soon as possible to discuss your case and learn about your legal options. Get in touch with our team today by completing the form on our website or by calling 414-210-3834 for 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.
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