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.
After a car accident, it's important that your car gets stored safely while you wait for an insurance appraiser or auto body shop to take a look at it. Your vehicle may be driven away from the scene after a minor accident, but towing could be necessary for a more severe crash.
A car accident attorney can help you navigate the process of towing your car to your preferred destination. They can also help you file an insurance claim, identify who is responsible for the towing costs, and pursue the compensation you deserve.
If you have been injured in a car accident in Wisconsin due to someone else's negligence, Natasha Misra Law will help you handle all aspects, including the vehicle portion of the claim in addition to the bodily injury portion of the claim.
If your car is taken to a tow lot, it is important to note that it can indeed accrue storage costs, which usually means that the tow lot is charging a daily amount for the vehicle being stored at that location. In most cases, as the vehicle owner, you are responsible for arranging and covering the towing and storage expenses. However, if you were not at fault for the accident, the party responsible for the collision would be liable for the storage fees and towing costs.
At Natasha Misra Law, we understand the challenges you may face when dealing with a tow lot. Our dedicated team will guide you through the necessary steps to recover your car from the tow yard. We will provide the assistance and support you need to navigate this process effectively.
You may be entitled to a rental car if someone else's negligence caused the car accident. For example, if your vehicle is not drivable but repairable, the responsible party's insurance carrier may be responsible for the cost of renting a vehicle for you during the time your car is being repaired.
At Natasha Misra Law, we recognize the importance of having reliable transportation for your recovery process. Our team is dedicated to working with the insurance company on your behalf to ensure that you receive the appropriate compensation for the rental car expenses while your vehicle is being repaired. We will strive to alleviate any additional burdens you may face during this time.
If you are involved in a Milwaukee car accident due to someone else's negligence, Natasha Misra Law can help you with every aspect of your accident. This includes both the vehicle and injury portions of your case. Natasha Misra Law will assist you with the vehicle portion of your case at no additional cost to you.
If you suffered injuries, the attorney will guide you through the insurance claims process to ensure you get compensation for all damages. They will negotiate and handle any complex insurance matters that may arise during the compensation process.
As a dedicated personal injury attorney, Natasha Misra works to ensure that you are treated fairly and obtain fair compensation for your bodily injuries and also your vehicle damages. The attorneys serve clients all over Wisconsin, including Milwaukee. If you need help, call Natasha Misra Law at (414) 210-3834 to schedule a free consultation and discover how we can assist.
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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