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.
Suddenly, a massive work vehicle fails to see you and slams into your car. Or, you're in Green Bay, and a commercial truck driver has been driving for hours without rest, and crashes right into you.
When you're injured in an accident involving a commercial or work vehicle, you might be dealing with multiple parties—like the driver, the company that owns the vehicle, or even the vehicle manufacturer. On top of that, these companies are quick to send their own teams to limit their liability. It can all feel overwhelming, but that’s where Natasha Misra Law steps in. We’re here to help you get the compensation you deserve.
After an accident involving a work or commercial vehicle, it’s important to take certain steps right away to protect your case. First, make sure you’re safe and seek necessary medical attention. If possible, you should document the accident by taking photos and gathering witness information. Afterward, contact a lawyer to start building your case before the company starts their own investigation.
Accidents involving commercial or work vehicles aren’t like regular car crashes. Companies are focused on cutting costs and delivering goods or services quickly, sometimes at the expense of safety. Drivers may speed or ignore the rules—all of which increase the chances of a crash.
When you’re in an accident involving a commercial or work vehicle, more than one party could be responsible. The driver, the company that owns the vehicle, and even the vehicle manufacturer might all share the blame. As your lawyer, we’ll investigate every angle to make sure the right parties are held accountable.
Time is key after an accident involving a work or commercial vehicle. Companies often have their own teams of investigators who show up quickly to minimize their liability. By working with an accident lawyer right away, we can make sure evidence like driver logs, maintenance records, dash cam footage and witness statements are preserved.
At Natasha Misra Law, we understand work and commercial vehicle accidents and how deeply they can affect your life. From gathering evidence to dealing with multiple insurance companies, we handle everything so you can focus on healing. You might be eligible for compensation for medical bills, lost income, pain and suffering, and more. Our team is experienced in dealing with commercial vehicle companies and knows how to fight for your rights.
Don’t let commercial companies take advantage of you after an accident. Contact Natasha Misra Law today for a free consultation. We’ll review your case and help you get the justice and compensation you deserve. Get a lawyer who’s not just another suit to fight for you.
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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