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.
Accidents happen. You’ve heard it before. But a truck wreck isn’t just another fender bender. It’s a major collision that can leave you seriously injured, unable to work, and facing a long road to recovery.
Maybe you were hit by a delivery truck crossing through Appleton. Maybe you were rear-ended by a semi on your way through Milwaukee or Madison. However it happened, what you do afterwards can make all the difference.
Truck accidents are different because the responsible entity or insurance company may be difficult to track. While you’re trying to get medical care and sort through the chaos, it is also important that important aspects are investigated surrounding the accident.
That’s why you need experienced legal guidance from the very beginning. At Natasha Misra Law, we fight to level the playing field for truck accident victims across Wisconsin. We’re here to help you protect your rights, seek justice, and get the full financial recovery you deserve.
Here’s a guide to the important steps you should take after a truck accident to help both yourself and your claim.
1. Make Safety Your First Priority: Your first job after a truck accident is to stay safe. Be sure to check yourself and others for injuries. Always call 911 right away to report the crash and get medical help on the scene.
2. Gather Important Evidence: If you're able, take photographs of:
Get the truck driver’s name, employer information, insurance details, and contact info for any witnesses. This evidence will be vital when building your case with your Milwaukee truck accident lawyer.
3. Get Medical Attention Right Away: As soon as there is the onset of injury, don’t wait to see a doctor. Truck accidents can cause injuries like whiplash, head trauma, and internal injuries that aren’t obvious right away. A medical evaluation protects your health and creates a clear record linking your injuries to the accident.
4. File an Official Accident Report: Call 911 or law enforcement from the scene of the crash. Having an official accident report is critical when it comes time to deal with insurance companies or go to court. Make sure your statement is honest and detailed. Law enforcement such as police or sheriff departments know the information that needs to be obtained from the parties and will also further investigate the crash.
5. Call a Milwaukee Truck Accident Lawyer: Truck accidents are very different from regular car crashes.
You could be dealing with multiple insurance companies, the truck driver’s employer, and even the trucking company’s legal team. Their goal is to pay you as little as possible.
Before you talk to any insurance adjuster, call a trusted Milwaukee truck accident lawyer like Natasha Misra Law. We’ll fight for your rights and work to get you the full and fair compensation you deserve.
Truck accidents are not just "bigger car accidents." They are more dangerous, more complicated, and often more serious because:
Larger Impact: Trucks can weigh 20-30 times more than a car, causing devastating injuries even at lower speeds.
More Complex Insurance: Commercial trucks often have multiple layers of insurance policies—including the driver’s personal insurance, the trucking company’s insurance, and third-party insurers.
Federal and State Regulations: Truck drivers and trucking companies must follow strict rules about driver hours, maintenance, inspections, and cargo loads. Violations of these rules can directly lead to accidents.
Corporate Legal Teams: Trucking companies often have experienced legal teams ready to protect their interests from day one.
At Natasha Misra Law, we know what it takes to fight—and win—truck accident cases in Milwaukee and across Wisconsin.
Truck accidents often involve:
Natasha Misra Law has the experience and resources needed to take on trucking companies and their insurers. We know the tactics they use—and how to beat them.
After a serious truck accident, you deserve a legal team that treats your recovery like it’s their mission.
At Natasha Misra Law, we help accident victims across Milwaukee, Madison, Hales Corners, Appleton, and Green Bay recover physically, emotionally, and financially. We’re ready to fight for you and your recovery.
Contact us now for a free consultation. You don't pay us unless we win your case. Let’s work together starting today.
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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