Safety Tips
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.
More cars than ever have feature-rich, complex “infotainment” systems to control GPS, set up radio or music playback, make Bluetooth calls via your cell phone, and much more.
But while these can be really useful, they can also cause dangerous distractions. An AAA study found that using these systems could distract users and inhibit their ability to respond to red lights and other simulated on-road situations, particularly for seniors.
So how can you use your car’s infotainment system safely? Here are a few tips from Natasha Misra Law.
If you use GPS to get most places, setting up your destination while your car is stationary and parked is the best way to use your GPS system safely – and avoid typing in addresses and other distractions while driving on the road.
If you need to change your destination, make a phone call, adjust some settings on your infotainment system, or perform other such actions, don’t do so on the road.
Consider pulling into a parking lot or into a safe place on the side of the road to take these actions. This way, you can focus your attention on the task at hand – rather than splitting it between your infotainment system and the road.
Most modern infotainment systems support voice control on their own, and many of them also integrate support for phone-based voice assistance like Apple’s Siri or Google Assistant via Bluetooth.
Using voice commands allows you to do things like make calls, change GPS destinations, and even tune the radio. We recommend consulting your user’s manual to learn more about voice control, and to see how you can use it in your infotainment system.
Even changing the song playing on your infotainment system could distract you from the road for a few seconds at a time – and this could result in a dangerous on-road situation or an accident. Consider setting up a music playlist in advance of your trip so that you don’t have to mess with your tunes while you’re on the road!
If someone’s traveling with you, hand off the responsibilities to them, and ask them to change the song, enter GPS directions, call someone, or take whatever other action you need to do while driving. They can fiddle with the infotainment system all they want without any risks.
Distractions come in many forms when driving, and this can include your vehicle’s built-in infotainment system. So follow these tips from our law firm, and protect yourself, your passengers, and other road users.
Need help getting compensation for an accident? Natasha Misra is an experienced Milwaukee auto accident attorney, and can help you explore your case and your options. Contact us online or give us a call at 414-246-9707 to get started today.
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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