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.
Texting while driving can cause significant distractions, which can lead to serious accidents on the road. If you or a loved one has been injured in a Wisconsin accident caused by a driver who was texting, you might be able to seek compensation for damages.
When you’re on the road, you should pay attention and focus on the road, but some drivers become distracted when checking their phones while driving. If someone is texting or using their phone behind the wheel, they might not be able to react in time to avoid a crash.
Distractions fall into three main categories: visual, manual, or mental. Texting or using while driving can cause the following:
Distracted driving laws in Wisconsin make it illegal for drivers to operate a motor vehicle while occupied with any activity that can interfere with the immediate task of driving. According to these laws under Statute 346.89, a driver may not perform any other activity that reasonably appears to interfere with an individual’s ability to drive safely.
Texting while driving is banned for all drivers. Additionally, drivers with probationary licenses and instruction permits are not allowed to use hand-held devices when driving. Violations of Wisconsin distracted driving laws can result in a traffic ticket for inattentive driving which can add demerit points to your record and increase insurance premiums.
If you were hurt in a Wisconsin accident caused by a driver using a cell phone, contact a car accident attorney as soon as possible.
At Natasha Misra Law, our Milwaukee car accident lawyer, Natasha Misra, will walk you through the justice corridors to ensure you are compensated. Call our office at (414) 210-3834 or get in touch online for a free consultation and get started.
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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