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 in an auto accident in Wisconsin through no fault of your own, you are entitled to receive compensation for your damages from the at fault driver.
Although Wisconsin drivers are required to maintain automobile insurance, not all Wisconsin drivers actually carry insurance. What happens if you are injured by a driver who does not have auto insurance and no personal assets to pay for your damages? How will you pay for your medical bills and associated expenses?
Fortunately, a Milwaukee car accident lawyer can help you receive compensation for your injuries caused by an uninsured driver or a hit-and-run driver through the uninsured motorist coverage of your own automobile insurance.
In Wisconsin, your automobile insurance includes uninsured motorist (UM) coverage. The uninsured motorist portion of your insurance policy applies if you, your family or other occupants in your vehicle are injured by another driver who does not have insurance or are injured by a hit-and-run driver. Uninsured motorist coverage also applies if you or your family are injured as a pedestrian when struck by an uninsured driver or a hit-and-run driver. Under these various circumstances, you may be entitled to claim the same types of damages as you would if you filed a claim against the at fault driver, such as medical bills, pain and suffering and lost wages.
If you were injured by a driver without insurance, you may be able to seek compensation from your own insurance company through your uninsured motorist coverage. You may be entitled to damages for medical bills, lost wages, and pain and suffering.
Uninsured motorist cases are handled with your insurance company similar to cases where the at fault driver has insurance. Auto insurance companies seek to limit what they pay in car accidents, even for their own injured customers. They may try to diminish the value of your case or fail to be forthcoming about your uninsured motorist benefits.
Sometimes the at fault driver may refuse to stop and flees the scene of the accident. If you were involved in a hit-and-run accident, it is important that you contact law enforcement right away.
If you were injured by a hit-and-run driver, you may be able to seek compensation from your own insurance company through your uninsured motorist coverage. You may be entitled to damages for medical bills, lost wages, and pain and suffering.
You should discuss your options with an experienced Milwaukee car accident lawyer. Natasha Misra Law has experience helping Wisconsin accident victims seek the compensation they deserve for their injuries. If you have been injured by an uninsured driver or hit-and-run driver, you should not have to bear the economic burden. Together, we will look at the facts of your case and uncover all potential sources of recovery.
Call our office today at (414) 210-3834 for a free 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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