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.
A collision resulting from a motorist turning right on a red traffic light can have fatal consequences. In most cases, the layout of the intersection, surrounding traffic patterns, and vehicle speed are found to be critical variables in determining the outcome of a case. It’s important to know the law and understand who holds the right of way to keep your loved ones safe.
In Wisconsin, a motorist approaching a solid or flashing red light or stop sign must come to a complete stop prior to the nearest marked limit line, such as a crosswalk, or the entrance to the intersection itself. The State law allows motorists to make a right turn after stopping at a red light, as long as:
There are a number of ways that a right turn on red accident can occur. Below we discuss a few common causes.
If you are driving straight toward an intersection and have a green light, and another vehicle hits you after making a right turn without stopping or yielding the right of way, that driver could be found negligent and liable for the accident. Vehicles that are already on the roadway have the right of way, unless they have a stop sign, traffic light, or traffic signal that tells them to stop.
Even in the case of a speeding oncoming car, motorists should yield before making a right on red turn. A motorist may be found liable if they attempt to merge without accounting for the necessary time and space to do so.
When motorists begin to execute a right-hand turn, they are generally more focused on oncoming traffic and their ability to merge successfully. If you’re a pedestrian or a cyclist within a marked crosswalk, you may find yourself outside of their field of view and in a situation that leaves you hurt or hospitalized.
If a vehicle strikes you in a crosswalk, the driver will often claim to have had the right of way and that you crossed during a “no walk sign,” or out of turn. Any evidence that proves your right to cross will be important to your case. There may be witnesses nearby or traffic cameras that can be checked. The police may also do breathalyzer tests to see if the driver was under-the-influence or determine if they had been using their cellphones while driving.
Hit and run accidents are also common with right turn on red accidents. In a hit-and-run, any information regarding the description (Ex. model, color, or license plate) will help ensure that the driver is found. A general rule of thumb is to always take care of yourself or any bodily injuries first, before attempting to gather any evidence or testimony.
If you have been injured by a negligent motorist making a right-hand turn on a red light, contact our office to begin working towards a resolution. You may be entitled to compensation to cover any injuries, damages, lost wages, and/or medical costs you have incurred. Contact the Milwaukee personal injury law firm Natasha Misra Law today to schedule a free consultation.
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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