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.
Worrying about the safety of your newborn is totally normal. But just like everything else you will learn to do as a parent, driving with a baby on board will become second nature.
There are a number of steps you can take to ensure that your child is protected and that you keep them as safe as possible while on the road. In this blog, we will discuss a few safe driving tips that all new parents should know about.
Infant safety seats come in different styles, and types and not all of them are designed to fit every car. Choosing the right seat can help you keep your baby safe and protected at all times. The right seat for your little one will be sized appropriately according to the baby's size, age, height, and weight.
The car seat should also have good ratings and be compatible with your vehicle's seats as well as the anchor systems. Ensure the seat is up to the NHTSA standards and easy to install in your car. It helps to ask for a test installation before purchasing a safety seat for your child.
If you're planning a long-distance trip, ensure you set up appropriate times for feeding and changing. Otherwise, you'll be caught up between tasks, which isn't a great experience when driving. You don't want your baby to become irritated or uncomfortable. Feed and change your baby before you hit the road. Also, remember to pack everything you need, including toys, to help keep your baby quiet and entertained in the car.
You should never leave your baby in the vehicle alone, even when you feel it is safe to do so. Not only can leaving a child in a car result in overheating, but accidents can also still occur that put your baby at risk of physical harm. No matter the situation, be sure to take your baby with you every time you park and leave your vehicle.
Having defensive driving skills as a new parent is essential. That means you're in ready mode—prepared for the unexpected, staying alert, controlled speed, and reacting calmly to other drivers. Additionally, you should try to avoid distractions at all costs, whether they're from your baby, your phone, or other road users. That way, you'll remain focused and avoid hazardous situations.
It's your responsibility to make sure your baby is safe on the road. Ensure the baby is strapped correctly to the safety seat, well-fed, and avoid unnecessary distractions when driving. However, in case you encounter an inevitable accident, we are here to help.
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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