Auto Accidents
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’re looking for a Milwaukee personal injury attorney due to a recent accident, car wreck, dog bite, or any other type of injury, you may have heard the term “pain and suffering” used to describe a certain type of legal damages that you can recover from the responsible party.
But what does this term actually mean in a legal case? How is it defined, and what are some common examples of pain and suffering in a personal injury case? We’ll discuss everything you need to know in this blog.
It’s important to note that pain and suffering typically includes both past and future pain and suffering. Let’s discuss each one.
Let’s say that someone is riding a bike in Milwaukee in the bike lane, and they’re hit by someone who’s trying to turn right and doesn’t see them. They fall off of their bike, and experience a concussion, broken ribs, and a broken collarbone.
In this example, physical pain and suffering would be caused by the concussion as well as the broken bones and ribs. In a personal injury case, the bicyclist may be able to claim damages due to this physical pain and suffering.
Let’s also say that the incident was very mentally traumatizing to the bicyclist. They develop a fear of riding bikes, and can no longer enjoy their hobby. These issues may persist long after their broken bones heal. In this case, the victim may also be able to recover damages due to mental pain and suffering.
This depends entirely on the specifics of the case. There are no charts, standard documents, or other resources for juries to use to calculate pain and suffering – they must look at the specifics of the case, the extent of physical and mental trauma, and other information to decide what a reasonable judgment may be for pain and suffering.
Lots of factors can affect this, such as the testimony of the involved parties, documentation from doctors about pain and suffering, whether or not the witnesses and/or plaintiff are credible, and much more.
There are many different types of evidence that a Milwaukee personal injury attorney may use to prove pain and suffering in a personal injury lawsuit. This may include:
Pain and suffering often compose a large proportion of the damages awarded in a personal injury lawsuit. If you’ve been injured in Milwaukee, you need an experienced personal injury attorney who can help you get the compensation you deserve. So don’t wait. Contact Natasha Misra Law for a case review now. We’ll assess your situation, discuss your options, and help you find the best path forward after a life-changing injury in Milwaukee.
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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