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.
As a motorcyclist, you’re exposed to multiple dangers while on the road. One significant challenge to your safety is other motorists. You do not necessarily have to be involved in a collision with a vehicle or another road user to suffer injuries. When you suffer injuries without contact with another vehicle, you might not be sure who should be held responsible for the accident. Fortunately, the law allows you to make a claim against the person who caused the accident and recover compensation for your injuries.
The events after the non-contact collision can adversely affect your case, so here’s what to do after the accident:
If you have been involved in a no-contact accident, you should first identify the driver’s vehicle license number. Noting the vehicle’s license plate makes it easier for you to make a police report. However, this may be impossible, particularly if you’re in a critical condition.
It’s essential to report to the police whether or not you captured the vehicle’s license plate. The at fault driver is most likely not going to admit fault even after filing the police report. Police will investigate the scene of the accident and provide a written report of what they observe.
A no-contact accident may be challenging to prove, especially when the at fault driver’s vehicle suffered no damage from a collision. Witnesses can help you prove that an accident happened and identify the driver responsible for the accident. A witness could be a pedestrian, a passenger, or another motorist who was not involved in the accident.
If you fail to identify the at-fault driver or gather witnesses, you might need to contact your insurance company and file for an uninsured motorist claim. It’s essential to understand that the insurance company may try to minimize the amount of compensation or argue that you were at fault. Therefore, you need to seek the help of a Milwaukee motorcycle accident attorney to help you gather witnesses and offer assistance with the insurance negotiations.
No-contact accidents can be more complex than typical collision accidents, especially when the at fault driver flees the scene of the accident. If you have been involved in a no-contact motorcycle accident, you need to contact a motorcycle accident lawyer. At Natasha Misra Law, we have helped other riders recover compensation from no-contact motorcycle accident cases.
Our attorneys have a wealth of experience and adequately understand the jurisdiction’s car accident laws. We will guide you through every step, from filing an insurance claim to the negotiations. Contact us online or give us a call at 414-635-2833 to schedule a consultation with our lead attorney, Natasha Misra.
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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