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’ve been injured and are thinking about hiring a Milwaukee personal injury attorney, you may have heard legal terms like “damages,” and you might be wondering what exactly this means.
What are damages in a personal injury suit? How are they calculated, and what kind of damages can you get for your injuries? In this blog post, we discuss everything you need to know below.
Generally, the term “damages” or “injury damages” refers to the monetary payments made to an injured person to compensate them for their injuries and losses. These damages vary, but usually include the following:
It’s important to note that a defendant must be found liable for the injury for damages to be levied. In other words, the plaintiff must be able to prove that they were negligent and at fault before these damages can be recovered.
There is no specific formula or method for calculating damages under Wisconsin law. This means that the amount of compensation can vary quite a bit. In general, though, the amount will be higher for more severe injuries.
So, as an example, experiencing multiple broken bones and head trauma in a car accident will usually result in higher compensation than if you were injured due to a slip and fall and broke your wrist.
However, the amount of damages you can actually recover may depend on the policy limits of your insurance or the insurance and personal assets of the person responsible for causing your injuries.
There are a variety of different ways that a plaintiff may present evidence to prove that they deserve a certain amount of compensation. Among other things, a plaintiff may use:
The Responsibility Of An Injury Victim To Mitigate Damages With Medical Care
Even if you have been injured due to the negligent or intentional actions of another person, you have the duty to minimize and mitigate damages. This means that you must take steps to reduce the effects of your injuries and losses. This duty requires you to act as an “ordinary and reasonable” person would.
For example, you must seek medical help and continue to follow a medical treatment plan if you have been injured. Or, if you have lost your job due to an accident but are able to work, you may be expected to seek other employment.
If a plaintiff fails in this duty to mitigate damages, this will be taken into account at court, and their damages may be reduced accordingly.
If you need an experienced personal injury attorney in Milwaukee, Natasha Misra is here to help. Natasha and the team at Natasha Misra Law can help you document your injuries, collect evidence, and present the best possible case while pursuing a personal injury claim.
We’re always here to help, so contact us online to get the assistance and legal advice you need as you pursue the damages you deserve in Milwaukee or anywhere else in Wisconsin.
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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