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 are involved in an automobile accident in Wisconsin, the at-fault or negligent driver is responsible for any damages or injuries. A personal injury claim will help you recover the related medical expenses, but these lawsuits can take time. Sometimes, accident victims will delay treatment for accident-related injuries until the case settles to avoid any out-of-pocket costs, but this can lead to aggravated injuries and unnecessary discomfort.
So, how can you pay for accident-related medical costs before you recover damages from a lawsuit? Here is what you need to know:
Your automobile insurance policy may come with medical payments coverage, also known as med pay. This insurance covers medical costs for you or a family member injured in an automobile accident or as a pedestrian injured by an automobile. Regardless of who is at fault, medical payments coverage pays for accident-related medical costs for any passengers in the policyholder’s vehicle, even if there is no familial relation.
Yes. In fact, submitting medical bills to your own health insurance company can save you from annoying bill collection calls, past due notices, and other headaches. Health insurance companies often pay medical providers at a discounted rate. This means your insurer will likely pay less than the amount you are billed. Ultimately, the at fault party will still be held accountable for your medical expenses, and your health insurance will be subrogated or paid back from the settlement with the at fault party.
A Letter of Protection notifies your medical provider that your medical bills are the subject of ongoing litigation and assures that upon resolution of the case, any outstanding medical debt will be satisfied. Typically, a Letter of Protection from your lawyer will result in an agreement from medical providers to cease collection efforts until the case is resolved.
If you have health insurance or auto insurance with medical payments coverage, an attorney can assist you in submitting your medical bills using your own insurance to manage your accident-related medical expenses. Once your accident case settles, both you and your insurance company will be repaid with settlement funds. However, if you do not have insurance, a Letter of Protection from your attorney may be enough to keep your provider from sending outstanding balances to collections until your case settles. Talk with your personal injury attorney to find out the best way to manage your accident-related medical expenses.
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}
