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.
Slip and fall accidents can lead to serious injuries. It is common for people to lose their footing on slippery surfaces or trip over obstacles and end up sustaining dislocated joints, broken bones, or head injuries.
In some cases, someone else may be responsible for the accident. Proving liability in these types of cases can be challenging. Demonstrating that you fell and sustained serious injuries is not enough to prove liability. Instead, you have to prove that the property owner overlooked the unsafe condition that caused the accident.
Here are ways to prove liability and get the compensation you deserve from a slip and fall accident in Wisconsin.
Everyone in Wisconsin, resident or not, has a legal duty to operate with reasonable care towards others. In slip and fall incidents, this means that property owners have to ensure that their property is not unreasonably dangerous.
The safe place law sets higher legal standards than the typical negligence theory outlined above. The law requires employers and property owners to ensure that their property is safe enough for visitors and employees. However, this law only applies to public buildings and not private property. For instance, you cannot claim compensation under the safe place law if you sustained injuries in your neighbor’s home.
The law requires the property owners and employers to take the necessary measures to safeguard the health, life, and welfare of customers, suppliers, and employees in public buildings.
However, this does not mean that the property owners have to take every possible safety measure. Instead, they should provide a reasonable amount of safety, considering the nature of activities conducted on the premises. Proving liability under the safe place law requires you to demonstrate that the property owner or the employer had constructive or actual knowledge about the unsafe condition.
A property owner may argue that the victim knew about the dangerous condition and failed to take reasonable care to avoid it. The property owners and employers may not be held liable for slip and fall accidents resulting from open and obvious hazards.
Proving liability in slip and fall accidents can be challenging. Fortunately you are not alone. The Milwaukee slip and fall attorneys at the Natasha Misra Law are ready to help. Contact us now to schedule a free consultation with our team.
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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