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.
Rollover car accidents can be devastating, causing severe injuries due to the violent nature of the crash. From head and brain injuries to fractures and internal damage, individuals involved in these accidents often face long-lasting physical and emotional effects.
Understanding what kind of injuries are common in rollover car accidents is important for you as it helps raise awareness about the potential dangers and enables you to take necessary precautions to minimize the risk of such injuries and seek appropriate medical attention in the event of an accident.
A rollover accident occurs when a moving vehicle tips over onto its side or roof due to various factors such as excessive speed, sharp turns, or collisions with other vehicles or objects.
Rollover car accidents can result in a wide range of injuries, some of which have long-lasting effects on your physical and emotional well-being. Here are some common injuries associated with rollover accidents:
If you have been involved in a rollover car accident, you should prioritize your safety and well-being. Here are some vital steps to take immediately after the incident:
Rollover car accidents can lead to injuries such as head and brain injuries, fractures, and internal damage. If you are in such a situation, remember to prioritize your safety, gather evidence, and seek legal support to protect your rights and receive compensation.
If you have sustained injuries from a rollover auto accident in Wisconsin, you should seek legal representation from a Milwaukee auto accident lawyer. At Natasha Misra Law, we are ready to provide you the support you need during this challenging time. Contact us for a free consultation today, and let us fight for the compensation you deserve.
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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