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 you’re injured in a car accident, everything changes in an instant - your health, your finances, and your peace of mind. Whether the crash happened in Appleton, Green Bay, or anywhere else in Northern WI, we want to help. At Natasha Misra Law, we understand what you’re going through and are committed to helping you get back on your feet—physically, emotionally, and financially.
Let’s take a look at something that can become a major roadblock to your recovery, the insurance companies, and how a car accident attorney can help you.
When you’ve been in a car accident, insurance companies may seem helpful at first, but their primary goal is to minimize what they pay out. Here are some common tactics they use to deny or reduce your claim:
Offering a Quick, Lowball Settlement: Insurance companies often push for a quick settlement, offering a sum far lower than what you may actually need. They hope you’ll accept before realizing the full extent of your injuries and financial losses. It may seem tempting, especially if you have medical bills piling up, but accepting this early offer can leave you short on funds later when more expenses arise.
Disputing Liability: Even if it’s clear that the other driver was at fault, insurance companies might still try to argue that you were partially or fully responsible for the accident. In Wisconsin, your compensation can be reduced if you're found partially at fault due to the comparative negligence rule. Their goal is to reduce their liability and, ultimately, your payout.
Downplaying Your Injuries: Insurance adjusters often question the severity of your injuries, suggesting that they aren’t as serious as you claim or that they were pre-existing. They may request access to your medical records, hoping to find something that weakens your claim.
Delaying the Process: By dragging out the claims process, insurers hope you’ll become frustrated and settle for less just to resolve the situation. The longer they wait, the more desperate accident victims can become, leading them to accept a lower offer than they deserve.
Pressuring You to Make Recorded Statements: Insurance companies may ask for a recorded statement soon after the accident, hoping you’ll say something they can use against you later. These statements can be taken out of context and used to downplay the severity of the accident or your injuries.
Understanding these tactics is key to protecting your rights and making sure you receive the compensation you deserve. At Natasha Misra Law, we know how to deal with these insurance company strategies, and we’re here to fight for your best interests every step of the way. Don’t let them push you into a settlement that doesn’t reflect your true losses, let us handle the negotiations for you.
Natasha Misra didn’t just become a personal injury attorney by chance. Helping people has always been her passion. She saw the devastating effects car, motorcycle, and truck accidents could have on individuals and their families. People are often left facing mounting medical bills, long-term disabilities, and the loss of essential things like their ability to work or their only vehicle. Natasha founded her firm to make a difference in these people’s lives by offering personalized attention and aggressive representation, and she can help you too.
We want to get you back on your feet and on the road as soon as possible. Our Milwaukee law firm represents all personal injury claims on a contingency fee basis, meaning you do not pay unless we win. Contact Natasha Misra Law today for a free consultation. Let us help you secure the compensation you deserve. Your recovery starts here.
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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