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 were crossing the street in downtown Milwaukee when a car sped through a turn and hit you. Or maybe you were walking in a Green Bay crosswalk with the signal when someone texting behind the wheel didn’t stop in time. One moment, you’re thinking about groceries or getting home — the next, you’re disoriented, hurt, and unsure of what just happened.
Unfortunately, pedestrian accidents like these happen far too often. Whether in Madison, Appleton, Fond du Lac, or right here in Milwaukee, we’ve seen firsthand how devastating these crashes can be — physically, emotionally, and financially.
At Natasha Misra Law, we represent people injured through no fault of their own. If you’ve been hit by a car as a pedestrian in Wisconsin, here’s what to do next to protect your health and your right to recover.
Your health comes first. Even if you think your injuries are “just bruises,” get checked out by emergency responders or go directly to the hospital. Adrenaline can mask pain, and some serious injuries — like head trauma, internal bleeding, or fractures — may not show symptoms right away.
If possible, call 911 yourself or ask someone nearby. Having police respond also ensures that a formal accident report is created — a vital piece of evidence later on.
If you’re physically able, take photos or videos of the scene. Capture:
Also, try to collect contact information from witnesses. Their perspective can help establish fault and support your claim.
The driver may apologize or try to explain. They may even ask you not to report it — or worse, offer cash to “keep it quiet.” Don’t agree to anything and don’t admit fault, even if you’re unsure what happened.
Insurance companies may use anything you say to minimize or deny your claim. Let the facts — and your attorney — speak for you.
In the days and weeks after the accident, continue to follow up with your doctors. Keep a detailed record of your injuries, medications, physical therapy, missed work, and how the injuries are affecting your life. All of this can be critical in securing fair compensation.
Insurance companies often try to shift blame onto the pedestrian or pressure you into accepting a low settlement — especially if you’re handling the claim on your own.
With the help of a personal injury attorney, you will be able to pursue all available insurance coverage. This includes the insurance company for the at fault. Additionally, you may also be able to seek compensation through your own auto insurance which can also provide coverage to you when you are a pedestrian struck by a vehicle.
At Natasha Misra Law, we fight for your full recovery. We understand the unique challenges pedestrian accident victims face, and we know how to hold drivers and insurance companies accountable. Our law firm works on a contingency fee basis, meaning you don’t pay unless we win.
We also make communication easy for all clients — our team uses a professional translation service that supports nearly any language, including Spanish, Burmese, and Rohingya, so you can feel fully heard and supported throughout the process.
If you were hit by a car while walking in Milwaukee, Madison, Green Bay, Appleton, or Fond du Lac, don’t wait to get the help you need. You deserve to recover — physically, emotionally, and financially — from what happened. Let us know what happened and we can work on getting your case started, contact us 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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