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.
Driving in Wisconsin during the wintry weather can be stressful. The roads are slick, visibility is poor, and morning and evening commutes are dark. As a Milwaukee car accident lawyer, I want to share with you a few simple safe driving guidelines that I commonly share with family, friends and clients.
Bad weather comes and goes. Even the most severe winter storms eventually let up. If you see that bad winter weather is on the radar, consider postponing your trip until the road conditions improve. Allow time for snow plows, law enforcement and other emergency responders to clear the roadways.
If you must get on the road during wintry weather, tell someone else about your planned route, and your expected arrival time. Have a fully charged cell phone and avoid backroads. Should something happen, you and your vehicle will be easier to find.
Before you turn on your car, clear snow and ice away from your car’s windows, headlights, tail lights, roof and hood. Not only will this improve visibility, but it will prevent ice from sliding off your car and causing a road hazard.
When the roads are icy and wet, be sure to allow extra time for travel. The majority of winter car accidents in Wisconsin are caused by drivers going too fast. Even the posted speed limit, which applies to ideal travel conditions, may be too fast for current conditions. In addition to slowing down, try to keep a safe following distance from the car in front of you.
All drivers should turn on their car’s low-beam headlights when weather conditions make it difficult to see objects ahead. Even during the daylight, it may be difficult to see other cars on the road. Turn on your headlights to improve your visibility and help people see you coming.
Sudden braking can cause you to lose control of your car. When you are driving in wintry conditions in Wisconsin, use your brakes carefully. Begin braking early, and avoid slamming the brakes. Take turns slowly, and avoid sharp maneuvers. Lastly, never use cruise control. Even four-wheel drive vehicles require additional time to stop in snowy and icy conditions.
You should always keep a safe distance behind a snow plow. If you decide to pass, be extra cautious. Plows often create a cloud of snow that can obscure visibility. Plus, road conditions ahead of the plow are typically worse.
In addition to snow plows, keep a safe distance from trucks. Pieces of snow or ice have been known to slide off the top of commercial trucks, creating hazardous conditions for cars following close behind. In addition, the large tires kick up snow and ice and can affect visibility.
Take note of winter storm advisories and warnings posted along major highways and drive accordingly. Winter storms often have significant impact on the conditions of the road. Avoid driving in winter conditions if possible.
Keep an eye on your location using crossroads and key landmarks. If you are in a car accident or become stranded, you’ll be be able to describe your location to law enforcement.
Winter car accidents in Wisconsin are common, but practicing safe winter driving will help you avoid an accident and possible injury. Unfortunately, some drivers may not be as careful as you.
If you are injured by another driver’s negligence, contact a Milwaukee personal injury attorney to learn more about how you can make a full financial 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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