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.
When you are stopped at an intersection that permits U-turns, you will likely witness some close calls when two drivers attempt to proceed in the same direction. However, if the two were to crash, who would be liable? As always, the answer depends upon the specifics of the situation, but here are some general pointers about U-turn crashes in our state.
A U-turn is a sharp left-hand turn at an intersection into the opposite lane. Generally, drivers are required to yield to oncoming traffic before crossing the intersection. Because many don’t, accidents can easily occur at intersections like these. In some cases, though, the other driver may be at fault, for instance, if he was speeding, running the red light, driving while distracted or impaired, or otherwise acting negligently or recklessly behind the wheel.
Yes. Wisconsin law permits U-turns at controlled intersections, unless there are signs or signals to the contrary. Even still, all drivers are responsible for proceeding with caution, keeping a lookout, and using their judgment in determining whether it is safe to execute a left-turn into traffic.
U-turn accidents often occur when a driver fails to follow Wisconsin right of way laws. The law requires drivers turning left to yield to oncoming traffic and only turn left once the traffic has broken. This applies at both a green-light intersection and an uncontrolled intersection.
If you are at an intersection that allows U-turns and see the green arrow, you have the right of way. However, if you have a red light, you need to yield to oncoming traffic. Both drivers must stay in the closest lane and avoid cutting across traffic. If you are making your turn on a green light (not a green arrow), the other drivers have the right of way.
Drivers turning left onto oncoming traffic are also required to yield. Although oncoming traffic need not stop for a driver making a U-turn, it’s incumbent upon all drivers to proceed cautiously and to keep a lookout.
After you seek the medical treatment you need for your injuries, reach out to a personal injury attorney right away. Our firm has extensive experience representing injured motorists in right-of-way accidents and U-turn collisions and can gather evidence to support your claim.
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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