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.
Getting into a car accident can have a major impact on your life. You car may be damaged. You may suffer from traumatic injuries. You may even have to miss work. If you have been injured in a car accident caused by another driver, then you have the right to seek compensation from the at-fault driver’s auto insurance.
But what happens if you are injured in a hit and run accident and cannot locate the responsible driver? Although you may not be able to seek compensation from the hit and run driver’s insurance, you can still find financial recovery for your injuries through your own uninsured motorist coverage.
In Wisconsin, it is illegal to flee the scene of a car crash. In fact, drivers involved in a car accident are legally required to stop their vehicles. Failing to stop after an accident could lead to criminal penalties ranging from misdemeanor to felony charges. In hit and run accidents involving injuries, criminal charges could result in mandatory jail time. Even with these harsh criminal penalties, hit and run accidents still occur every day throughout the state.
If you are injured in a hit and run accident, the first thing you should do is call law enforcement. Law enforcement officers who respond to the scene of the crash will help you receive any emergency medical attention you need following the accident. In addition, they will investigate what happened, write an accident report and attempt to find the driver responsible for the accident.
If police are able to identify the driver, then you may be able to recover compensation from the driver’s insurance policy. However, if the hit and run driver cannot be found, then it will be impossible to seek recovery from their insurance policy.
In the event that police cannot find the other driver, there are other sources of compensation for your injuries. In Wisconsin, all drivers are required to carry uninsured motorist coverage that would help cover medical expenses, wage loss, pain and suffering and other associated costs in the event that you are in a hit and run accident.
It is advisable to hire a Milwaukee personal injury attorney to represent your interests when filing a hit and run claim against your own insurance company. Although you have paid for your uninsured motorist coverage, your insurance company will do everything they can to limit the amount owed to you in the event of a hit and run accident. An experienced Milwaukee personal injury attorney will investigate the facts of your case, request an accident report, collect medical reports and maximize your settlement.
If you have been injured in a hit and run accident, contact Natasha MIsra Law today to schedule a free 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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