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 an accident, one of the most pressing questions you may ask yourself if there is “Whose fault was it?” In a head-on collision, the fault question may seem fairly straightforward - but is it really? In this blog post, we discuss the basics of head-on collisions from a legal perspective.
Head-on collisions are particularly dangerous. They can result in severe injuries, even at low rates of speed. At the very least, the impact may result in whiplash from the driver or passengers being thrust forward suddenly. Injuries may range from broken facial bones to broken ribs and even traumatic brain injuries, internal bleeding, or even death when the impact results in occupants being ejected from the vehicle.
Fault may seem obvious: the driver going the wrong direction is at fault, right? However, it is not always that easy. Many factors can impact liability in a head-on collision. This is why the police report and a proper investigation are so important. Sometimes, there are even third parties at fault like when a roadway is defective or a vehicle malfunctions.
The insurance carrier may try to attribute comparative fault on you, which may affect the damages you can recover. Natasha Misra Law will investigate your accident, uncover all potential sources of recovery, and help you maximize compensation for your injuries.
Many head-on collisions occur on two-way roads without dividers or on rural roads. A driver may cause a head-on collision from simply drifting into oncoming traffic or a driver may intentionally drive in the wrong lane while trying to pass a slower vehicle.
Anytime you are involved in an accident, it is advisable to contact emergency services, especially if someone appears to have been seriously injured. Additionally, it is important to contact the police to secure an accident report. This documentation will be vital for related insurance claims or litigation.
Your lawyer will likely ask you if you exchanged information with the other driver and anyone else involved in the accident. As such, it is wise to take note of the make and model of the cars involved, tag numbers, and driver’s license numbers. If there are witnesses, take down their information, too.
Though the reporting officer or insurance adjuster may take pictures as part of an accident report or investigation, you should take pictures of vehicle damage and the accident scene to document anything pertinent to establishing the cause and liability for the accident.
You may be entitled to recover medical expenses, lost wages or income, and compensation for pain and suffering. Sometimes, you can even recover punitive damages which are awarded by the court to punish the responsible party for causing the accident.
Under Wisconsin law, you have a limited time from the date of the accident to file a lawsuit before the claim is barred under the statute of limitations. As such, if you have been injured in an accident, contact an experienced car accident attorney as soon as possible.
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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