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.
When it comes to personal injury, no two cases are the same. Every client is different, and the cause and severity of their injuries varies. However, the process of filing a personal injury claim is fairly similar regardless of how an accident occurred. In this blog post, we provide a general overview of the process of filing a personal injury case.
After an accident, the first thing you must do is seek a medical diagnosis for your injuries. The second thing you should do is contact a personal injury attorney. Most personal injury attorneys offer free consultations and provide representation on a contingency fee basis. This means that you will not pay any attorney fees unless your case is successful.
During this conversation, the attorney will assess your case by looking at how the accident was caused, the extent of your injuries, and whether or not there is access to financial recovery through insurance. If the attorney believes that you have a case, and you feel as though the attorney would be a good fit for you, then you will have the opportunity to hire that attorney to represent you.
Once you have hired a personal injury attorney, your attorney will begin investigating your accident. Your attorney may, for example, obtain an accident report, collect medical bills, seek witness statements, take photographs of property damage, evaluate your earning capacity, and more.
At Natasha Misra Law, our Milwaukee personal injury attorney work with medical experts, accident reconstruction specialists, and other professionals to help establish liability for your accident. More importantly, we will keep you informed at each stage of the investigation to ensure all potential sources of recovery are identified and pursued.
Once your personal injury attorney has investigated your accident and assessed the value of your claim, they will send a demand package to your insurer or the insurer of the person responsible for your injuries. This package of materials will include the necessary documentation for the insurance company to evaluate your claim. It includes documents such as medical records, medical bills, permanency reports, photographs, loss of earnings calculations, mileage reimbursement, etc.
The insurance adjuster will review the demand and respond accordingly by extending an offer or at times rejecting the demand. Once an offer is extended, both sides commonly begin negotiations in effort to reach a settlement.
Some attorneys will look for quick, easy settlements. At Natasha Misra Law, we provide a personalized approach to personal injury and will negotiate to get you the compensation you deserve.
If a settlement is not able to be reached after the demand is reviewed by the insurance company, then your personal injury attorney should be ready to file a personal injury lawsuit. At Natasha Misra Law, we will work closely with you to file a lawsuit and fight for your rights to ensure you obtain full compensation for your losses and injuries.
The first step to getting compensation for your injuries is an initial consultation with a Milwaukee personal injury attorney. At Natasha Misra Law, we offer free consultations. Call our office today to speak with an attorney about your case and determine the best next steps.
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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