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 accident injuries prevent you from working, you may be experiencing financial strain. You may be unable to pay your bills, afford your established lifestyle, or seek the care necessary to move forward after an accident. Beyond the basic paycheck, time off work may also mean missed overtime opportunities, used vacation or sick days, and lost bonuses.
Can you receive compensation if you are unable to work after an accident?
The answer is generally yes. You can receive compensation if your inability to work is due to your accident-related injuries.
In order to build a viable claim for damages, you will need the help of a medical professional. Your doctor will need to make an official determination that your injuries restrict your ability to work or require you to be taken off work. To support your claim, you will need to provide a doctor’s note or other written documentation to your employer.
While federal Social Security Disability benefits are reserved for individuals with long-term disabilities that exceed or are expected to exceed twelve months in duration, you may be able to receive compensation from any short-term disability insurance coverage you carry through your employer or independently. Short-term disability insurance policies typically replace between fifty and seventy-five percent of an individual’s salary due to an illness or injury that leaves the individual temporarily unable to work. In addition to short-term disability insurance, some individuals also maintain long term disability insurance.
Contact your HR representative or insurance provider for a copy of your insurance policy. If you do not have short-term disability insurance or if you need additional compensation to meet your financial obligations, a personal injury attorney can help you identify other avenues for recovering your lost wages.
Yes, you can file a personal injury lawsuit against the responsible driver and seek compensation for lost wages as part of your damages. It is important to keep detailed records of your injuries, medical treatment, and a record of all accident-related work absences and lost wages for each absence. Having documentation of a medical opinion as to how your injury impedes your ability to work with an estimate of the duration of recovery needed may also be helpful to establish your claim for lost wages. To recover lost wages in a personal injury lawsuit, you must be able to prove that any lost wages were a direct result of the injuries caused by the accident.
If you were injured in an accident and those injuries caused you to miss work, you need an experienced accident attorney to help you determine the best way to recover those lost wages, as well as compensation for medical bills, pain and suffering, and other accident-related expenses. Contact Natasha Misra Law today to schedule a free initial consultation.
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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