Auto Accidents
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’re driving home in Green Bay after work or running errands, and suddenly you’re in an accident. You get the report from the police, but it doesn’t point out who’s responsible. What do you do next?
It can be confusing and frustrating, especially if you know the other driver caused the crash.
Even if the report doesn’t assign blame, you can still have a strong case. Our team of experienced Wisconsin car wreck lawyers is here to help you and let you know more about your legal options.
After a car accident, the responding police officer generally prepares an accident report that describes what happened. Sometimes, though, the report doesn’t clearly say who caused the accident. This is known as a “neutral accident report.” It’s common, but it can make it harder for you to get the compensation you need for your injuries or car damage.
For example, say you’re driving through Appleton or Fond du Lac and are hit by another car. The accident report might list the facts but doesn’t mention that the other driver was distracted by their phone. In cases like these, it’s easy to feel stuck, but don’t worry—you still have options.
Even if the accident report doesn’t assign fault or issue citations to the adverse driver, you can still build a strong case with the right evidence. That’s where our team at Natasha Misra Law comes in. We’ll gather other proof—like witness statements, photos, and even body cam footage—to show what really happened.
In Wisconsin, liability in car accidents is determined under the state's modified comparative negligence rule. This means each party involved in the accident is assigned a percentage of fault based on their role in the collision. Generally to recover damages, the injured party must be less than 51% at fault. This rule ensures that only those who are less than half at fault can get compensation for their injuries or losses.
It’s important to act quickly after a car accident, especially when the report is neutral. The longer you wait, the harder it can be to investigate the accident, collect evidence and find witnesses who remember what happened. If you were in a wreck anywhere in Milwaukee, Sheboygan, or Oshkosh, don’t wait to get help.
If you’ve been injured in a car accident and are dealing with a neutral accident report, don’t wait to get legal help from a lawyer who’s not just another suit.
Natasha Misra Law is ready to help you in Milwaukee, Green Bay, and across southeastern, central and northern Wisconsin. Contact us today for a free consultation, and let us work to get you the compensation you deserve. Remember, just because the report doesn’t assign fault doesn’t mean you don’t have a case—schedule your consultation now, call us at (414) 210-3834.
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