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.
Automobile insurance is a contractual agreement between you and your insurance company. Your insurance company promises to provide compensation for injuries or property damage that you suffer as the result of an automobile accident in exchange for a premium.
Wisconsin drivers are required by Wisconsin’s Financial Responsibility Law to carry automobile insurance. At minimum, your auto insurance policy must provide liability coverage for the following amounts:
Additionally, Wisconsin drivers are required to carry uninsured motorist coverage with a minimum bodily injury coverage of at least $25,000 for injury or death of one person and $50,000 for injury or death of two or more people.
Personal automobile insurance covers you (the named insured), your spouse, other relatives living in the same household and anyone you give permission to driver your automobile unless excluded from the policy.
If you are responsible for an auto accident that injures other people, bodily injury liability coverage protects your personal assets up to the stated amount of coverage for medical expenses, lost wages, pain and suffering, as well as other losses sustained by the injured individuals. Bodily injury coverage does not cover your injuries that you experience as a result of an accident that is your fault.
Property damage liability coverage, on the other hand, pays for property damage that you cause as a result of a car accident. This coverage pays for any damage up to your insurance policy’s limit. This coverage includes damages to someone else’s vehicle, someone else’s personal property and structural damage to property you do not own such as a street sign or light pole.
This coverage is for you, your family and other passengers in your vehicle who sustain injuries when struck by a vehicle who has no insurance or by a hit and run driver. This coverage also covers you and your family members if injured as a pedestrian when struck by a driver with no insurance or a driver who hits you and leaves the scene of an accident. The amount covered is based on the policy limits purchased.
Although underinsured (UIM) coverage is not mandatory, many Wisconsin driver choose to carry this type of coverage for further protection. You should choose to have UIM coverage in case the at fault party does not have sufficient policy limits to cover your losses. UIM coverage increases the bodily injury protection to you and the passengers in your vehicle if the limits of the at fault party are less than your UIM coverage limits.
Medical payments coverage is a benefit that pays for medical expenses or funeral expenses for you or any others injured or killed in an auto accident in your vehicle regardless of fault. This type of coverage also covers you or your family members as pedestrians if hit by a car or riding as a passenger in someone else’s vehicle.
This type of coverage is useful to pay for co-payments or deductibles that your health insurance does not cover, as well as applicable out-of-pocket expenses.
While Wisconsin’s Financial Responsibility Law requires drivers to carry bodily injury liability coverage, property damage liability coverage, and uninsured motorist coverage, many drivers choose to purchase more coverage than is required by law to protect their personal assets after an accident.
This coverage will repair damages to your vehicle or pay in the event your vehicle has been declared totaled from a collision with another vehicle or object, even if you are at fault for the accident.
Even though collision coverage is not mandatory in the State of Wisconsin, financial institutions (lienholders) may require you to take out collision coverage to protect their interest at the time of a collision.
Comprehensive coverage is an elective coverage that pays for damage to your vehicle caused by covered events such as theft, vandalism, flooding, hail, broken glass, falling objects and even hitting an animal such as a deer.
If you have been injured in an auto accident, you should discuss your options with an experienced Milwaukee personal injury attorney. Natasha Misra Law helps Wisconsin accident victims seek the compensation they deserve for their injuries. If you have been in an accident and suffered from bodily injury or property damage, you should not have to bear the economic burden. Together, we will look at the facts of your case and uncover all potential sources of recovery.
Call our office today at (414) 635-2833 for a free consultation and speak with an experienced Milwaukee car accident lawyer.
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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