What to do After a Wisconsin Motorcycle Accident?

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.

What Wisconsin Law Actually Says About Helmets

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.

Can You Still File a Claim If You Were Not Wearing a Helmet?

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:

Medical bills
Lost income
Damage to your motorcycle
Pain and physical limitations
Long-term effects on your daily life

Helmet use does not change whether another driver acted negligently.

How Helmet Use May Come Up in a Claim

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:

A rider is struck by a car that turned left in front of them in Milwaukee.
The driver clearly caused the crash.
The insurer then argues that a helmet might have reduced the extent of the head injury.

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.

What This Means in Real Life

Every case is different.

If your injuries did not involve your head, helmet use may be irrelevant.
If the crash was severe, a helmet may not have changed the outcome.
If the other driver’s conduct was especially dangerous, that remains the central issue.

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.

Why Legal Guidance Matters After a Wisconsin Motorcycle Accident

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:

Who caused the crash
How it happened
What injuries resulted
How your life has been affected

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.

Talk to a Wisconsin Motorcycle Accident Lawyer Who Will Give You Straight Answers and Real Support

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.

There are thousands of motorcycle accidents each year in Wisconsin. In 2020, motorcycles were involved in 2,104 reported accidents, resulting in several injuries and 112 fatalities.

While there are many causes of motorcycle crashes, the most common is careless driving. Motorcycles share the road with negligent and reckless drivers, so when a vehicle makes a wrong turn in front of an approaching motorcycle, it can cause a dangerous situation for both drivers.

If another negligent driver causes the accident, following these steps can result in a better outcome for your case:

Call the police: Following a Wisconsin motorcycle accident, you should call the police immediately. Even if it was a minor accident or you do not feel much pain, you will want the incident to be documented in a detailed accident report from the police. Proper documentation of statements and police reports is important as they can be used in the claims process.

Collect evidence: If you are able to document evidence from the accident scene, you should do so. Take photos of the motorcycle and all other vehicles involved in the accident. Talk to witnesses and get their contact information if they are willing to testify in your case.

Get medical treatment: You should seek medical treatment for your injuries following the accident. If you fail to get medical treatment soon after the crash, you may end up dealing with pain and other complications down the road. Remember to keep a record of all the expenses and receipts as they can help if you decide to take legal action.

File an insurance claim: Call your insurance company to inform them about the accident so you can start filing a claim.

What Not to Do Following a Motorcycle Crash

Do not admit fault at the scene: No matter the accident you are involved in, you should never admit fault. Let law enforcement investigate the accident and determine what happened.

Do not assume things: Even if you think it’s a minor accident, there might be injuries or damages that don’t reveal themselves until much later.

Do not sign anything: Insurance companies may send you documents to sign such as medicals authorizations. You should consult an attorney before signing anything in order to understand your options and rights.

Do not accept offers from insurance companies: Usually, insurance companies offer a certain amount for your injuries, and it’s not surprising that they will make unfair deals to lower the worth of your claim. Let your attorney negotiate with these companies to ensure you get fair compensation.

Contact a Milwaukee Motorcycle Accident Attorney Today

If you have been injured in a Wisconsin motorcycle accident caused due to another person’s actions, you can recover damages for injuries and damages. At Natasha Misra Law, we’ll gladly fight for your rights and help you get fair compensation.

‍Schedule a free consultation online or call us at (414) 210-3834 to discuss your case details with Natasha Misra, a dedicated Milwaukee motorcycle accident attorney.

Natasha Misra

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.