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.
You made the smart choice—you didn’t drive after a night out. Maybe you were leaving a festival in Milwaukee, dinner with friends in Madison, or a family gathering in West Allis. You called an Uber or a Lyft to get home safely.
But then, in an instant, everything changed. Another driver ran a red light. Or maybe your rideshare driver was distracted. Now you’re left with painful injuries, expensive medical bills, and serious questions:
Who will pay for my hospital bills and follow-up care? Does Uber's insurance cover my injuries, or do I have to fight the driver’s insurance company? How do I make sure I get treated fairly?
At Natasha Misra Law, we know how devastating a rideshare accident can be—especially when you did everything right. We’re here to help accident victims across Milwaukee, Madison, Appleton, and Green Bay get back on their feet. We’ll fight for your rights and help you recover physically, emotionally, and financially.
Rideshare accidents aren’t like regular car accidents. Uber and Lyft drivers use their personal vehicles, but they’re operating them through a company’s app. That creates extra layers of insurance, different legal standards, and additional hurdles for injury victims.
In Wisconsin, the laws around rideshare services add even more complexity. It’s not always clear whether you're dealing with the driver’s personal insurance, Uber's commercial insurance, or both.
At Natasha Misra Law, we understand these challenges—and we know how to build strong cases that don't leave you stuck in the middle.
Rideshare accidents can involve multiple insurance companies and complicated questions about who is responsible. Liability often depends on whether:
Our team will investigate every detail to hold the right parties accountable and protect your rights.
Given the complexity of insurance coverage that arises from an accident involving rideshare, it is important to obtain the assistance of a lawyer to make sure all available insurance coverage is explored.
Understanding when Uber’s insurance applies can be the difference between getting a fair settlement—or walking away with far less than you deserve. Natasha Misra Law is here to make sure you aren't left on your own.
If you’ve been injured in a rideshare accident, you may be entitled to recover compensation for:
We fight to make sure every part of your recovery—physical, financial, and emotional—is covered.
Insurance companies don't make it easy. They are looking out for their bottom line—not your future. If you've been injured in a rideshare accident in Milwaukee, Madison, Hales Corners, Appleton, Green Bay, or anywhere in Wisconsin, Natasha Misra Law is ready to stand by your side. We’ll handle the insurance companies while you focus on healing.
Reach out to our team now for your free consultation with Natasha Misra Law. You don’t pay us unless we win for you. Let’s work together to get you the justice—and the full financial recovery—you deserve.
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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