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.
Collision and comprehensive coverages are optional forms of insurance coverage that you may purchase under your auto insurance policy to compensate you for damage to your vehicle. Collision and comprehensive coverages can pay for the repair of your vehicle or the value of your vehicle regardless of who is at fault.
This blog discusses the benefits of collision and comprehensive insurance coverages.
If you have collision coverage, your auto insurance company will pay for damage to your vehicle if your vehicle collides with another vehicle or a hit-and-run vehicle. Your auto insurance company will pay for the damage to your vehicle even if you are at fault for the accident.
When Should I Buy or Drop Collision Coverage?
The amount you pay for collision coverage depends on the year, make and model of your car. Before you buy or drop collision coverage, you should look at the current value of your car as well as your ability to buy a similar car in the event that your car is totaled. If you own your car and can afford to replace your car on your own, you may decide not to purchase collision coverage.
What Is Comprehensive Coverage?
Comprehensive coverage pays for vehicle damage caused by covered events such as theft, vandalism, hail and flood damage. It also pays for damage to your vehicle as a result of striking an animal such as a deer.
Generally, if repairs exceed the value of your vehicle, your vehicle will likely be deemed a total loss. In order to receive payment for the total loss of your vehicle, you will need to use one of the following forms of auto coverage:
Collision Coverage will pay for damages as a result of a collision with another vehicle or object.
Comprehensive Coverage will pay for damages if your vehicle is stolen, vandalized or if you hit an animal, such as a deer.
Property Damage Liability Coverage allows you to receive compensation for your vehicle from the at fault party’s auto insurance policy.
A deductible is the amount of money you will be required to pay for damage to your car before your insurance company pays. The deductible for comprehensive coverage or collision coverage is applied to each accident or incident. For example, if you are in a car accident in the morning (collision coverage) and your car is stolen later that night (comprehensive coverage), then your insurance company will apply two different deductibles.
The higher the deductible means the lower the premiums. If you can afford the risk of a higher deductible, this can lower your insurance premiums.
If you have questions about your collision or comprehensive coverage after an accident, you should discuss your options with an experienced Milwaukee car accident lawyer. When Natasha Misra Law represents you for your injury claim, we also help you at no additional cost with the issue of repairing or replacing your vehicle to the full extent permitted by insurance coverage and the law. If you have been in an accident, 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) 635-2833 to speak with a Milwaukee personal injury attorney.
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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