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.
A car accident can have a significant impact on your life. Depending on the severity of the crash, you may be left with lasting physical injuries and financial hardships. After being involved in a car accident, you should seek the representation of an experienced attorney to get the compensation you deserve.
Seeking medical attention for your injuries should be the first step after being involved in a car accident. You should check for problems with mobility, symptoms of head injuries and excessive bleeding for both yourself and your passengers. You should report any symptoms to dispatch and officers in the event that an ambulance is needed to be called.
Because not all injuries are apparent at the scene of the accident, you should continue to monitor for symptoms. Sometimes the onset of pain occurs 24 or 48 hours after an accident. You should seek the appropriate medical treatment for these injuries as well.
Always call the police after a car accident so they can document the scene, gather evidence, and take statements from the parties involved and also independent witnesses. Also, having law enforcement officers arrive at the scene can help keep things under control and ensure that all parties remain calm, which can help prevent any further incidents from occurring. In addition, they will provide a police report, which is crucial if you need to pursue legal action.
After confirming that no one is critically injured, calling the police, and ensuring that you’re not in immediate danger, you should proceed to gather evidence. Take pictures of any injuries, the surrounding area, and any damage to your vehicle.
You should also collect information from any witnesses who may be willing to testify in your case. Ask them for their contact information, address, and a statement of what they saw. It is also helpful to collect information from the other driver, such as their name, phone number, address, and insurance company name.
When visiting a physician, following treatment instructions and documenting all your medical appointments is important. This is important for a number of reasons, including providing proof of the severity of any injuries suffered in the accident and establishing a timeline for medical treatment.
Documentation can provide an accurate record of treatment for future reference. It can also serve as evidence if you decide to pursue a legal case.
If you were injured in a Wisconsin auto accident, contact Natasha Misra Law to find out if you have a case. If you live in Wisconsin, call (414) 210-3834 to schedule a free consultation with Natasha Misra and get started with your case.
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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