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.
If you have been injured in a car accident, you may wonder how to manage the resulting medical bills. Because Wisconsin is an at-fault state, the driver responsible for the accident is responsible for your related expenses including medical bills. However, this usually requires filing a personal injury claim which means payment for your medical bills will typically not occur until the lump-sum settlement or resolution of your case.
To ensure you get the treatment you need without delay, medical payments coverage under your own auto insurance policy may be sufficient to cover your initial medical bills. You can also have medical providers bill your health insurance to cover you now and your health insurance can recover costs from the settlement award later.
But, what if you are not covered by health insurance at the time of the accident? Do you have to pay for accident-related medical expenses out of pocket if you don’t have insurance?
Between letters of protection, liens, Medicaid, and payment plans with the hospital, you have options to make sure you receive the treatment you need while your case is ongoing, despite not having insurance to cover the expenses in the interim.
If you do not have insurance or sufficient funds to pay for medical treatment after an accident, a letter of protection can help stop collections efforts until your case is resolved.
A letter of protection is a guarantee from your lawyer to a doctor or medical provider whereby your lawyer agrees to ensure that the doctor will be paid for medical treatment provided to you from money recovered from the at fault party as the result of a personal injury claim.
Yes. If you are injured, Medicaid will cover any medically necessary treatment per your policy. Just like private health insurance, Medicaid will then recover any payments made for accident-related treatment from any settlement proceeds with the auto insurance for the at-fault party. For more information about what expenses are covered under Medicaid, visit forwardhealth.gov.
Used less frequently, hospital liens allow the hospital where you were treated for accident-related injuries to have priority in recovering payment from the settlement of your related personal injury case.
State law allows hospitals to file a lien when treating patients whose injuries may be the subject of a personal injury lawsuit. Wisconsin Statute §779.80(1) states that hospitals shall have a lien for services provided to a person with injuries caused by the negligence, wrongful act, or tort of any other person.
A personal injury attorney can communicate with the at-fault driver’s insurance company, healthcare providers, and other interested parties to obtain evidence and negotiate the best possible settlement. Moreover, a personal injury attorney provides peace of mind that your medical bills will not spiral out of control as you seek compensation for your injuries.
At Natasha Misra Law, we will look at your medical bills and assist you in managing your medical bills until the time that you receive compensation from the auto insurance company. We will work with your medical providers, and insurance carriers if applicable, and relieve you of any financial burden you may be experiencing as the result of an accident.
Our team will focus on your financial recovery and ensure that your medical providers are compensated, so you focus on your physical recovery.
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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