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.
Chest injuries, particularly bruised or fractured ribs, are common in car accidents. While ribs usually heal without medical intervention, rib injuries can be painful and make breathing or coughing uncomfortable. If you suffered fractured ribs after a car accident, you may be entitled to compensation for your pain, as well as your accident-related medical expenses. Here is a quick overview of what you can expect with rib injuries from a car accident.
Without an evaluation or diagnosis from a medical professional, it can be difficult to determine whether your ribs are fractured or simply bruised. Chest pain, difficulty breathing, visible bruising, and painful coughing or sneezing can indicate both fractures and contusions. However, when ribs are broken, the pain is often much sharper and may worsen when you bend or twist your upper body.
In some circumstances, rib injuries can be life-threatening. If you experience any of these symptoms following a car accident, it is important to seek medical attention for a proper diagnosis to ensure appropriate treatment and to avoid further injury or subsequent illness.
While many rib injuries heal on their own, they can be quite painful in the meantime and may yield long-term consequences. Rib fractures can lead to collapsed lungs, a serious medical condition that can make breathing difficult. Because they can cause further internal injury, broken ribs often require surgical intervention, particularly if more than one rib is broken or other internal organs have been damaged.
For less severe injuries, like bruising, you will likely be treated with OTC pain medication, ice, rest, and a period of restricted activity.
The force of a car colliding with another vehicle or stationary object can result in blunt trauma to the chest, resulting in broken ribs and other injuries. Whether from the impact of the steering wheel, dash, or just the force of the seatbelt securing the rider safely in the seat, car accidents cause broken ribs through impact, force, or other collision.
Yes, if you are injured in a car accident, you may file a lawsuit against the responsible party to recover accident-related medical expenses, lost wages, and even compensation for pain and suffering. The circumstances surrounding the accident, nature of your injuries, treatment, and what kind of insurance you carry will factor into the outcome of your case.
If you were injured in a car accident, there are certain time limitations to file a case. Contact an experienced personal injury attorney immediately to discuss your options. With an attorney to advocate for your interests, you can focus on healing while your attorney fights to recover the compensation 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.
.avif){kind=small}
.avif){kind=small}
.avif){kind=small}
