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.
The aftermath of a serious car accident can feel extremely overwhelming. From seeking the medical treatment you need to tracking down witnesses and attempting to get back on your feet financially, you have so much to do - and filing an insurance claim may be the last thing on your mind.
Fortunately, you don’t have to do this alone. An experienced Milwaukee auto accident lawyer can help you pursue the compensation you need from the insurance companies to move forward. Your attorney can also explain the different types of claims available that you are able to file and can build a strong case to maximize your potential settlement.
Here, we will share a brief overview of the types of auto insurance claims you can file and how a skilled personal injury attorney can help you prepare one.
When you are involved in a car accident with a driver who carries liability insurance, you can file a claim against that driver’s policy. This is often called a “third-party” insurance claim, since you do not have a contract with the other driver’s insurer.
When you file a third-party claim, your auto accident lawyer will contact the other driver’s insurance company to initiate the claims process. When the claim is set up, your lawyer will provide the necessary documentation in effort to get the insurance company to accept insurance coverage and liability. This may include the following types of information and evidence:
When you finish treating for your injuries or when it has been determined that you have a permanent injury or require future medical treatment, then your attorney will also provide additional documentation to the insurance company such as medical records, medical bills, permanency reports, lost wages, etc. as it relates to your injuries. This process often involves a series of negotiations between your attorney and the claims adjuster. A skilled personal injury attorney will work hard to ensure you are not pressured into settling for less than you deserve.
Wisconsin law requires all motorists to purchase liability insurance. Nonetheless, there are many drivers out there who can’t afford - or don’t bother to apply for - auto insurance. If you are hit by an uninsured driver, you will likely have to turn to your own insurance to pay for your damages. This is referred to as a "first party" insurance claim as it is against your own insurance company.
The State requires all drivers to carry minimum uninsured motorist coverage of $25,000 per person and $50,000 per accident for personal injuries. This coverage will pay for damages that you sustained when hit by an uninsured motorist.
However, this type of coverage does not pay for property damage to your vehicle. Property damage would be handled through the collision coverage portion of your policy.
Although Wisconsin law imposes minimum requirements for uninsured motorist coverage, it is not mandatory to purchase underinsured motorist (UIM) coverage in our State.
UIM coverage provides an increased amount of coverage if you are injured in an accident caused by a motorist who was underinsured. UIM coverage increases the bodily injury protection if the limits of the at fault party are less than your UIM limits.
When you are injured in a car accident, you need diligent, high-quality representation - regardless if you file a third party insurance claim or a claim against your own insurance company.
Milwaukee car accident law firm Natasha Misra Law can help. With a history of helping accident victims recover the compensation they deserve, we stand ready to discuss your case with you. Contact us today 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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