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.
Natasha Misra law is experienced representing injured cyclists. Because cyclists are largely unprotected when up against a motor vehicle, we understand that accidents can cause traumatic and lasting injuries. We work with accident victims to help them recover the compensation they need to recover financially.
Under Wisconsin law, a cyclist’s own negligence does not bar recovery if his negligence was not “greater than the negligence of the person against whom recovery is sought.” Rather, the cyclist’s damages would be reduced in proportion to the extent to which he was negligent.
In other words, if a cyclist was only 40% at fault, then he will still be able to recover up to 60% of his available damages. However, if he was deemed 60% at fault, he would be barred from recovery.
All forms of negligent or reckless driving can cause collisions with bicyclists. However, other causes include:
Defensive driving is the most effective way to avoid a collision with a biker. Maintain the speed limit, pay attention to the road, eliminate distractions, obey all posted signage, yield, obey traffic signals, and let others have the right of way. Above all, always keep a lookout: even if you are doing everything you can and should to stay safe, other drivers - or even cyclists - may not be. Who was doing the “right thing” simply won’t matter if you end up in a lethal collision, so put your pride aside and drive safely, even if someone else is acting reckless.
You should immediately reach out to a personal injury lawyer for guidance on the right steps to take. However, in general, you should also:
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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