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.
You were on your way to work in Wauwatosa, backing out of your driveway in Madison, or heading home through Green Bay when it happened. An Amazon delivery truck—rushing to stay on schedule—slammed into your car. Now, your vehicle is damaged, you may be injured, and you're left wondering:
Who is responsible?
Can I hold Amazon accountable?
What steps do I need to take right now?
With Amazon delivery vans and third-party contractors flooding Wisconsin neighborhoods daily, accidents are becoming more common in Milwaukee, Madison, Appleton, and beyond. If you've been hit by one, you're not alone—and you don't have to figure it out on your own.
At Natasha Misra Law, we help people across Wisconsin recover after truck accidents involving companies like Amazon. We’ll fight to protect your rights, handle the insurance companies, and pursue the full compensation you deserve. Let’s look at what you should do first, and how our truck accident attorneys can help.
Your health is the most important priority. If you’ve been hit by an Amazon delivery vehicle:
The more information you can collect, the stronger your case may be. After a crash involving an Amazon delivery truck:
Amazon doesn’t operate like a traditional trucking company. Many of their delivery drivers work for independent delivery service partners (DSPs)—third-party companies under contract. That means you may be dealing with:
And none of them are eager to pay out a claim. Because of these layers, determining who is legally responsible takes experience. At Natasha Misra Law, we know how to dig deep, find out who’s liable, and make sure your rights are protected.
If an Amazon delivery truck hits your car, don’t go up against the system alone. Amazon is a global corporation with enormous resources—and their insurance partners will try to minimize your claim. Let Natasha Misra Law handle the legal side. We’ll:
We’re not just another law firm—we’re a team that fights for accident victims every day. When you work with Natasha Misra Law, you get:
Dedicated representation from a team focused on personal injury cases
We know what’s at stake. Let us help you get back on your feet.
If you’ve been hit by an Amazon delivery truck in Milwaukee or anywhere in Wisconsin, don’t wait. The sooner you act, the better we can protect your rights and secure the evidence you need.
Call Natasha Misra Law today for a free consultation with a trusted Milwaukee truck accident lawyer. Let us fight for the recovery you deserve—so you can focus on healing.
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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