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.
You were in an accident, and haven’t heard anything from the other person’s insurance company. Why?
If you've been in a car accident in Appleton, Milwaukee, or anywhere else in WI, you may be wondering why the insurance company has been silent. This can be a frustrating and confusing experience, especially when you're dealing with injuries and other challenges after the crash that was not your fault. Natasha Misra Law is here to tell you some of the common reasons why insurance companies delay or avoid contacting accident victims, and what you can do to protect your rights.
There are many causes for radio silence from the insurance companies. Let’s look at some of the reasons your accident claim might be slowed down:
No Insurance Coverage: Sometimes, the person responsible for the accident may not have insurance coverage at all. This situation leaves the insurance company with no ability to process a claim or reach out to you for settlement.
Unreported or Unopened Claim: After an accident, the responsible party may delay reporting the incident to their insurance company, or the claim may not have been formally opened yet. This delay can result in a lack of communication from the insurer.
Pending Accident Report: Insurance companies typically rely on official accident reports to verify details and proceed with claims. If the accident report is still pending or incomplete, the insurer may hold off on contacting you. It can be something as simple as a large backlog at the local police department that is holding your claim up.
Insurance Information Issues: Sometimes, the at-fault party may have provided incorrect or incomplete insurance information after the accident. This can lead to delays as the insurer works to verify coverage and establish communication with the affected parties.
If it seems like the insurance company is avoiding you, it might be time to seek out legal representation. An experienced Wisconsin car accident lawyer can advocate for your rights, track down any applicable insurance coverage, negotiate with insurance companies on your behalf, and help ensure you receive fair compensation for your injuries and damages.
Your attorney will handle communication with the insurance company, review any settlement offers, and advise you on the best course of action. With legal representation, you can focus on your recovery while your lawyer works to secure a favorable outcome for your case.
Don't wait on your claim any longer. Contact Natasha Misra Law today to schedule a free consultation and discuss your legal options. Our team is dedicated to helping accident victims through the legal process and get the compensation they deserve. It’s what we do. Let us fight for you while you focus on healing. Reach out now to get started.
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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