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.
Riding a motorcycle is fun, adventurous, and thrilling. But motorcycling can also be innately dangerous. Reports from the National Highway Traffic Safety Administration (NHTSA) show that riding a motorcycle is 29 times more hazardous than riding a car. However, these statistics are likely not going to scare you off of your bike.
With the right motorcycle safety gear, you can enjoy the thrill of motorcycling while keeping yourself as safe as possible. Here is a checklist of safety gears you should wear before hitting the road.
Wearing a helmet can help you stay safe. In fact, safety is the primary reason helmets were created and required in most states. According to NHTSA, about 70 percent of bikers involved in accidents suffer head injuries.
Data from this agency indicates that helmets are 88% effective in reducing head injuries and deaths from motorcycle accidents. With the proper head protective gear, your head will stay protected and increase your visibility and safety.
The most important benefit of wearing cycling gloves is enhanced comfort. Bike gloves come with padding that helps protect your hands against vibrations that may cause tingling, numbness, or pain. Besides providing comfort over long distances, wearing gloves can help increase safety, provide warmth, and keep your hands dry when they sweat.
Wearing a motorcycle jacket will not only make you look cool but will also keep you warm in the cold weather. Motorcycle jackets are usually made of different materials such as synthetic and leather that provide perfect protection and style.
The jacket material you choose depends on your personal requirements and preferences. The most important thing is to ensure the jacket is well designed to serve its purpose and fits you comfortably. With a great motorcycle jacket, you can protect yourself from elements while staying warm.
Motorcycle riding pants are an integral part of your protective package. They can protect you from the environment and armor as well as ventilation in places that receive contact, such as the knees. Furthermore, pants with a brighter color can help increase visibility. Like jackets, motorcycle pants are available in different materials, including leather, textile, and denim, which can be used in a single piece or combination based on the riding style for which they are created.
Most motorcycle boots incorporate rider-specific features and are created with safety in mind. They come with built-in ankle protection, oil-resistant soles for a firm grip, and increased stiffness.
Looking for a Milwaukee Motorcycle Accident Attorney? We Can Help
Having the right motorcycle safety gear can help keep you protected throughout your ride. However, if you have been injured in a motorcycle accident, do not hesitate to contact us at Natasha Misra Law for legal assistance. Our team of Milwaukee motorcycle accident attorneys will be glad to guide you through your accident claim. Get in touch with us online or call us at 414-635-2833 to schedule a consultation.
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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