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.
If you are injured in a rear-end accident, you may wonder who is responsible for paying the medical bills, vehicle repair costs, and other expenses associated with the accident. In Wisconsin, the negligent driver is liable for damages. However, sometimes it is unclear who is at fault for an accident. How is fault determined in a rear-end accident, and what happens if you are the one at fault?
The rear driver is generally always at fault. However, issues often arise as to which rear vehicle is responsible in a multi-vehicle accident. If there were two separate impacts, for example, then there may a dispute as to which rear driver caused the accident. When the rear-most vehicle hits the vehicle in front of it and pushes the middle vehicle into the foremost vehicle, then only the rear-most vehicle is responsible for the accident. In other situations in which three or more cars are involved in a rear end accident, the front vehicle may need to file a claim against all rear vehicles.
Rear-end collisions occur when drivers are distracted, speeding, or following too closely. Weather or other hazardous road conditions or obstructions such as construction or wildlife can also contribute to accidents, including rear-end collisions. Faulty brake lights or not using a vehicle’s hazard lights when there is a problem can also cause accidents. Other common causes of rear-end collisions include erratic driving or sudden maneuvers like slamming on the breaks, switching the car from drive into reverse, or making an incomplete turn.
Often, multi-car accidents mean multiple drivers are at fault. Any drivers who contributed to the collision by following too closely, speeding, driving distracted or any other negligent behaviors may share responsibility when involved in a multi-car accident. Multi-vehicle accidents can become complicated as to determining which rear vehicle caused damages. For example, in a three vehicle rear-end accident, the front-most vehicle may need to file a claim against one or both rear vehicles.
After an accident, you should seek immediate medical attention even if you do not have any obvious injuries. Some serious injuries, such as concussions or soft tissue damage, may not have any immediate symptoms but carry long-term consequences. Seek a medical evaluation, contact the police for an accident report, and contact your insurance company.
After you tend to your injuries - which is always most important - there are a few other steps you should take. Make sure to document everything you can about the accident, from the weather and road conditions to witness contact information. While it may seem excessive, taking these steps will ensure you have the evidence you need in the event of a lawsuit. Fault is typically determined through witness and officer statements, so be sure to speak with everyone who was at or near the scene and may have witnessed how the accident unfolded.
Second, make sure you capture photographic evidence of the accident scene, focusing on items like the position of the vehicles, tire skid marks, your injuries, and any property damage. While you may think that you’ll remember, memories fade. Be sure to capture the evidence while it exists.
Rear-end collisions can result in serious injuries including whiplash, neck injuries, back injuries, and even traumatic head injuries. These injuries often require costly, long-term medical treatment which can also lead to lost wages, pain and suffering, and emotional distress on top of property damage to the involved vehicle. Fortunately, if you are injured in a rear-end collision, you can recover damages for all these things from the negligent driver.
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.
.avif){kind=small}
.avif){kind=small}
.avif){kind=small}
