Slip and Fall
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.
If you are injured on the job, you may wonder how to go about seeking compensation for your losses. Who is responsible for your injuries? What are the potential sources of recovery?
You may have heard of personal injury claims and workers comp lawsuits - both of which can reimburse an injured victim for damages sustained in work-related injuries. However, what many people don’t know is that these two types of claims are vastly different. In this blog post, we will break down the differences between them.
The most straightforward way to distinguish the two claims is the issue of fault. Personal injury claims are based on fault, while workers comp claims are not.
Accidents often happen when no one is at fault. However, in a personal injury claim, you must establish that someone acted negligently and this negligence caused your injuries. You establish negligence by showing that the at-fault party owed you a duty of reasonable care, breached that duty, and that breach was a substantial factor in causing your injuries.
In a workers comp claim, however, the traditional negligence analysis does not necessarily apply. Any employee injured on the job is entitled to some payout from the employer’s workers compensation policy. While exceptions do apply, workers compensation generally has nothing to do with fault. In other words, you need not prove that your employer did anything wrong in order to recover some payout.
Generally, not against your employer. Workers comp claims are designed to compensate injured employees while protecting employers from lawsuits against them. As such, if you file a workers comp claim, you generally forfeit your right to sue your employer for negligence. There are a few narrow exceptions to this rule, however, so be sure to speak with an experienced personal injury attorney to learn more about your rights.
However, if the negligence of a another party caused your injuries, then you may be able to also bring a third party liability claim against that party.
When you are injured on the job, you can bring a workers compensation claim without having to prove fault. However, in some cases you can also bring a third party liability claim. This refers to a bodily injury caused by a third party’s negligent or reckless conduct.
These situations may arise when a third party unrelated to your employer causes the accident. A common example is when someone driving in the course of their employment gets hit by another party.
If you bring a third party liability claim, you will need to prove the third party’s fault. This involves walking through the traditional negligence analysis, just as you would in a personal injury lawsuit.
To better understand your case and which course of action is the best for you, contact an experienced Milwaukee personal injury attorney as soon as possible. An attorney can help you pinpoint the best approach for your case, identify liable parties, gather evidence, and preserve your claim before vital evidence fades or the statute of limitations tolls.
Contact Natasha Misra Law today to schedule a free consultation by calling our office at (414) 210-3834.
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.
.avif){kind=small}
.avif){kind=small}
.avif){kind=small}
