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.
Torn rotator cuffs are very common and painful injuries that can occur after an impact accident such as a car accident, traffic collision, or slip-and-fall. If you have suffered a rotator cuff injury in an accident caused by someone else’s negligence, you may be entitled to recover compensation for your injuries.
The rotator cuff is the group of tendons, ligaments, and cartilage that surrounds the shoulder joint. Its job is to keep the shoulder steady within the shoulder socket. When one of the tendons is torn from either overuse or injury, a rotator cuff tear occurs.
Torn rotator cuff accidents can happen after any abrupt movement, impact, or fall. They are particularly common in car accidents because the shoulder is very susceptible to impact injuries, based on how a driver typically positions their hands on the steering wheel.
The blunt force of being hit from behind, for example, when your hands are placed on the steering wheel and arms are outstretched, can cause serious shoulder injuries. The impact of a deployed airbag or any other blunt force can also cause a shoulder injury.
Treatment for a torn rotator cuff ranges from the conservative (rest and ice) to invasive (surgery), depending on the severity of the injury. Some common treatments for torn rotator cuffs include:
Many people can recover compensation for their rotator cuff injuries after a car accident. When you contact our law firm, we will review your case and advise you on how to proceed with a lawsuit and guide you throughout the process.
If your injury was caused by another party’s negligence, we can assist you in recovering damages from the party, or parties, at fault. You may be able to recover compensation for damages, including:
Contact Natasha Misra Law to get the personal care and attention your case deserves. Schedule your free consultation today.
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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