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.
You’re driving through your neighborhood in Wauwatosa, heading down Highway 41 in Appleton, or waiting at a light in Green Bay when—out of nowhere—a UPS truck crashes into your car. Your airbags deploy. Your heart’s racing. You’re shaken up and unsure of what to do next.
It’s a frightening scenario, but it’s more common than most people realize. UPS trucks are everywhere—on the roads in Milwaukee, delivering to homes in Madison, making pickups in Hales Corners, and weaving through traffic in West Allis or Kenosha. These large commercial vehicles are on tight deadlines and often operate long hours on busy streets. That pressure can lead to dangerous mistakes—and serious accidents.
If you’ve been hit by a UPS truck in Wisconsin, it’s important to take action right away. At Natasha Misra Law, we help people across Milwaukee and the state recover from commercial truck accidents and fight back when large corporations try to avoid accountability.
UPS is one of the largest delivery companies in the country. In Wisconsin, their fleet includes local package delivery trucks, tractor-trailers moving between hubs, and third-party contractors operating under the UPS brand. That means there can be multiple layers of responsibility and insurance coverage involved.
If a UPS truck driver caused your accident, you may be entitled to compensation for:
But holding UPS accountable isn’t easy. Their drivers may be protected by corporate insurance policies, and their legal team will work hard to minimize what they pay out. That’s where we come in. Our legal team knows how to investigate these cases and fight back on your behalf.
If a UPS truck hits your vehicle in Milwaukee or anywhere in Wisconsin, take the following steps to protect yourself and your claim:
Get to Safety: Move to a safe area if possible. Check yourself and passengers for injuries and call 911 immediately.
Get Medical Help: Even if your injuries seem minor, always seek medical attention. Some injuries take time to show up—and a medical record protects your health and your case.
Call the Police: Request an accident report. This creates an official record and can be critical when dealing with UPS’s insurance company.
Document the Scene: Take photos of the accident scene, vehicle damage, license plates, skid marks, injuries, and anything else relevant.
Gather Information: Collect the UPS driver’s name, license number, and insurance information. If there are any witnesses, get their contact info too.
Do Not Talk to UPS or Their Insurance Adjuster Alone: They may try to get a statement from you or offer a quick settlement. Don’t sign anything or accept payment before speaking with a lawyer.
Contact Natasha Misra Law: We will immediately begin investigating the accident, preserving evidence, and fighting for full compensation.
Accidents involving UPS trucks come with unique challenges:
Corporate Layers: UPS may argue that the driver is an independent contractor, or that another entity was responsible.
Multiple Insurance Policies: Different policies may apply based on the vehicle type, route, or location.
Driver Fatigue & Pressure: UPS delivery schedules are intense. Drivers often work long shifts with limited breaks, which can lead to mistakes behind the wheel.
Vehicle Size: UPS trucks are much larger and heavier than passenger vehicles. That means more serious damage and injuries.
You need a law firm that understands these issues—and knows how to build a case against a national corporation like UPS. That’s exactly what we do.
At Natasha Misra Law, truck accident cases are what we do. We’ve helped injured clients across Wisconsin get the compensation they deserve.
Here’s why people trust us:
We’re focused on results. Our job is to fight for your full recovery—physically, financially, and emotionally.
We’re accessible and responsive. You won’t wait days for a callback or wonder what’s happening with your case.
We don’t get paid unless we win. There’s no upfront cost to hire us, and you owe us nothing unless we recover money for you.
You don’t have to deal with UPS, their insurance company, or their lawyers alone. We’re here to take the pressure off and fight for your best outcome.
If a UPS truck hit your car in Milwaukee or anywhere in Wisconsin, don’t wait to protect your rights. The sooner you call, the sooner we can start building your case and pushing for the compensation you deserve.
Call or contact us online for your free consultation. We’re here to help you get back on your feet—and we’ll fight to make sure you’re treated fairly.
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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