Motorcycle 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.
After a motorcycle accident, the decision to repair or replace your motorcycle depends on the circumstances surrounding the accident and the severity of the crash. Your bike may suffer minor damages such as dents and scratches or be totaled during an accident. Whether you file a claim with your insurance carrier, the other driver’s insurer, or pay for repairs out of your pocket depends on the extent of the damages and who was responsible for the accident.
If you are in a roll-over or run-off-road accident and the motorcycle has minor damages, replacing the whole bike may be unnecessary. Instead, you might want to get it repaired. However, if you are involved in a more serious collision, your motorcycle may be totaled. Regardless of whether your motorcycle is repairable or totaled, you should file a claim with your insurance company or the at fault party’s insurance company to seek compensation.
Checking your motorcycle thoroughly after a crash is essential as it helps you identify the slightest damages. You should not ride the motorcycle home if you notice significant damages after an accident. Instead, you should have it towed to a repair shop for a full evaluation of the damage.
However, if your only option is to ride your motorcycle home after a collision (and you believe it is safe to do so) it is best to conduct a motorcycle safety inspection to ensure a safe ride. Here is an essential checklist:
Ultimately, the decision to repair or replace your motorcycle depends on the extent of the damage. For example, you could choose to take it to a repair shop where the repair costs will be sent to the insurance adjuster. Alternatively, the insurance company may declare your bike totaled and compensate you with its actual cash value.
If you are a rider in Milwaukee, Madison, Hales Corners, Appleton, or Green Bay who has been involved in a motorcycle accident, then you should consult with a motorcycle accident attorney. At Natasha Misra Law, we help motorcycle accident victims determine the true value of their claims and fight to get them the compensation they need to get healthy and back on the road. Contact us online or call us at 414-635-2858 to schedule a free consultation today.
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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