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.
A slip and fall accident can turn your world upside down, leaving you injured and faced with challenges you never expected. If you've had a slip and fall incident in Appleton, Manitowoc, or anywhere else in northern WI, you're not alone.
Natasha Misra Law has helped Wisconsins just like you with counsel and legal strategy suited to their case’s unique needs. If you’re up in northern WI, down in Milwaukee, or by Green Bay, Natasha Misra Law is here to give you the personalized guidance you need to get back on your feet again.
Slip and fall cases are under the category of premises liability law, which holds property owners responsible for maintaining safe conditions on their premises. When you slip and fall on someone else's property due to their negligence, you may have a valid legal claim.
One of the primary challenges in slip and fall cases is proving liability. To establish liability, you must demonstrate that the property owner knew about the dangerous condition and failed to address it in a timely manner. In Wisconsin, for the person bringing the claim to recover compensation, they have to prove that they are less than 50% at fault. An attorney can help gather evidence and guide you through the process of establishing liability.
Filing a Claim and Seeking Compensation -
Our team can help you document injuries, file a claim against the negligent party and seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Dealing with Insurance Companies -
Insurance companies may try to downplay the extent of your injuries or shift blame onto you to minimize their liability. Having an experienced Milwaukee slip and fall lawyer on your side can help make sure you get justice and fair compensation.
Negotiating a Settlement -
In many slip and fall cases, a settlement can be reached outside of court through negotiation. Our Milwaukee slip and fall lawyer will work tirelessly to secure a favorable settlement on your behalf, taking into account the full extent of your injuries and losses.
Litigation -
If negotiations don’t produce results for your slip and fall case, slip and fall lawyers like the ones at Natasha Misra Law are prepared to take your case to court. If you're dealing with the aftermath of a slip and fall accident in Milwaukee, Greenbay, or northern WI, make sure you have an experienced attorney on your side.
In most instances, you have three years from the time of your injury to file a claim. While this sounds like a substantial amount of time, cases can be stalled, and evidence gets harder to gather as time goes by. You have even less time if your slip and fall occurred on government property, you must submit a notice of your intent to sue within 120 days.
Don't wait to seek the compensation you deserve. Contact our experienced northern WI slip and fall lawyer at Natasha Misra Law today to schedule your free consultation and learn how we can help you through your case.
Remember, the well-being of Wisconsins like you is our top priority. Let us handle the legal side, while you focus on your recovery. We're here to support you every step of the way with personalized guidance and get you back on your feet.
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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