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.
Who hasn’t taken a spill in the frozen driveway? Or come into the house too fast and hit the hardwood floors? Accidents happen - but when an injury is the result of negligence, the responsible party should be held accountable.
If you've been injured in a slip and fall accident in Green Bay, Sheboygan, or anywhere in northern WI, you may be wondering how a lawyer can help you get the compensation you deserve. Natasha Misra Law guides people just like you through the legal process with clarity, helps you understand your rights, and gets you back on your feet. Get personalized counsel that suits you, from an attorney that’s not just another suit.
A slip and fall lawyer represents individuals who have been injured due to dangerous conditions on someone else's property. These attorneys handle cases where an individual has slipped, tripped, or fallen on another party's premises or property like a store, restaurant, or private residence.
These investigations usually involve gathering evidence, interviewing witnesses, and analyzing the conditions that led to your accident. It all has to begin with getting a clear picture of what happened. By meticulously examining the details of your slip and fall incident, your slip and fall lawyer can build a strong case on your behalf.
After assessing the merits and details of your case, your attorney will negotiate with insurance companies on your behalf. You don’t want to face an insurance agency alone. They’ll try to minimize payouts to accident victims, but having legal representation can level the playing field. Your slip and fall lawyer will work to secure a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
If a fair settlement cannot be reached through negotiations, your counsel may recommend filing a lawsuit to seek compensation through the court system. Your lawyer will navigate the complexities of the legal process, including filing the necessary paperwork, presenting evidence in court, and advocating for your rights during trial. Litigation is a step you should only take with an expert slip and fall lawyer, to make sure your case is fairly represented in court.
One of the key roles of a Milwaukee slip and fall lawyer is to hold negligent parties accountable for their actions. Whether it's a property owner who failed to maintain safe premises or a business that ignored hazardous conditions, your lawyer will fight to ensure that those responsible for your injuries are held liable. When you enlist the services of a skilled attorney like Natasha Misra Law, you can focus on your recovery while your legal team fights for justice on your behalf.
Usually, under Wisconsin law, you have three years from the time of injury to file a claim. You have even less time if your slip and fall occurred on government property, you must submit notice of your intent to sue within 120 days.
If you've been injured in a slip and fall accident in northern Wisconsin, don't hesitate to reach out to Natasha Misra Law for expert legal guidance. Our team of experienced slip and fall lawyers is dedicated to helping accident victims seek the compensation they deserve.
Contact us today for a free consultation and let us advocate for your rights.
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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