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.
You didn’t expect it. One minute you’re driving through the busy streets of Milwaukee or the quiet roads near Appleton, and the next, your car is wrecked, and your life is turned upside down.
At Natasha Misra Law, we know that when you’re hurt, you deserve to know your rights and get every dollar you’re owed. Our team of skilled personal injury attorneys in Milwaukee is ready to help you, and let you know more about your legal options. So let's break down the types of compensation you might be entitled to.
If you’ve been in a car accident in Wisconsin, you may be entitled to various forms of compensation, including:
Medical Expenses: Covers current and future medical costs, including hospital stays, surgeries, medications, and rehabilitation related to the accident.
Lost Wages: If your injuries keep you from working, you may be eligible for compensation for lost income, including future earning potential if you’re unable to return to work.
Pain and Suffering: You may receive compensation for physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
Property Damage: Compensation to cover the repair or replacement of your vehicle and any other damaged property.
Punitive Damages: In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the at-fault party and deter future misconduct.
Several factors impact the amount of compensation you may receive:
Severity of Injuries: The extent of your injuries and their impact on your life play a big role in determining your compensation.
Liability: Wisconsin follows a comparative negligence rule, meaning your compensation may be reduced if you’re found partially at fault for the accident.
Insurance Coverage: The at-fault driver’s insurance policy limits will affect the amount of compensation available.
Legal Representation: Having an experienced Wisconsin car accident lawyer by your side ensures that you receive fair compensation for your injuries and losses.
Being in an accident with an unlicensed or uninsured driver can be incredibly stressful. You might wonder if you can still recover compensation. Fortunately, Wisconsin law provides options for victims in these situations.
Uninsured Motorist Coverage: Wisconsin drivers carry uninsured motorist (UM) coverage as part of their insurance policies. This can help you recover damages if the at-fault driver doesn’t have insurance.
Underinsured Motorist Coverage: If the other driver’s insurance isn’t enough to cover your damages, your underinsured motorist (UIM) coverage can step in.
Filing a Lawsuit: You can also file a personal injury lawsuit against the unlicensed or uninsured driver, though collecting from an individual may be difficult without insurance.
Facing the insurance companies, or the other driver in court can feel overwhelming, but you don’t have to go through it alone. At Natasha Misra Law, we are committed to helping car accident victims in Milwaukee, Green Bay, Fond du Lac, or anywhere else in WI, fight for the compensation they deserve. We’re here to listen to your situation, get to know you, and tell you more about the legal avenues available.
Don’t hire just another suit. Get someone who will really fight for what you deserve. Contact Natasha Misra Law today to speak with a skilled Wisconsin car accident lawyer and get your claim started. Schedule your free consultation now online, or call us 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.
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