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.
Soft tissue injuries are the frequent subject of personal injury lawsuits. Even a low-impact car accident can result in whiplash - a common soft tissue injury with a lasting impact.
If you experience unusual pain after an accident, it is important to seek medical treatment immediately. Soft tissue injuries can lead to serious limitations and chronic pain if not accurately diagnosed and treated. Unfortunately, many soft tissue injuries require ongoing medical treatment which can be costly.
If you have been diagnosed with, or suspect, a soft tissue injury after an accident, you may have a claim against the person responsible for the accident to recover medical costs and receive compensation for related damages. An experienced personal injury attorney can help you determine if a lawsuit is appropriate in your case.
Here are the basics you need to know about soft tissue injuries:
Any level of trauma that results in damage to muscles, ligaments, or tendons is a soft tissue injury. Initially, soft tissue injuries may present with bruising, stiffness, and swelling; however, while there may not be external evidence of the injury, pain and immobility from these injuries can linger for years. Soft tissue injuries are often caused by a sudden or uncontrolled movement like the jolt of a car accident or tripping over an uneven sidewalk. Soft tissue injuries range from whiplash and sprains to muscle tears and nerve damage.
The R.I.C.E. method is a common recommendation for minor soft tissue injuries: rest, ice, compression, and elevation. Soft tissue injuries that are diagnosed as minor (Grade 1) or moderate (Grade 2) usually heal within a few weeks and may require little to no medical intervention. However, more severe injuries, known as Grade 3, usually require long-term medical treatment and/or surgery and often have long recovery times.
When soft tissue injuries are undiagnosed, improperly diagnosed, or do not receive adequate treatment, the injury may worsen or lead to long-term pain, limited mobility, and the need for surgical intervention later. Additionally, soft tissue injuries do not always come with external markers indicating trauma.
In a personal injury lawsuit, this opens the door for the injury to be minimized or otherwise downplayed by the responsible party. Therefore, it is important to seek medical treatment immediately for proper diagnosis and care, but also to keep a detailed record, documenting everything related to the injury so that the injury can be substantiated when an insurance claim or personal injury lawsuit is filed to ensure you recover the full financial benefit you deserve.
When you suffer a soft tissue injury because of an accident, you may be entitled to recover associated expenses including medical bills, lost wages, the cost of any property that was damaged, and even be compensated for your pain and suffering. Contact Natasha Misra Law today for a free consultation with a Milwaukee personal injury attorney.
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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