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.
Many Wisconsin families are going to be packing up and driving out of town for vacation this summer. If you’re one of them, we hope you enjoy your trip! And Natasha Misra Law is here with some simple car packing tips you can use to pack up safely and make sure your trip goes off without a hitch.
As a rule, it’s best to pack heavy items first, such as suitcases, coolers full of food and ice, and plastic tote boxes. Place these items closer to the center of the trunk. Then, pack lighter items around these heavy items – things like garment bags and shoe bags, groceries, and other such items.
This helps ensure the weight of your car is distributed evenly, which reduces the risk of tipping in an accident, and keeps the car stable.
Also, avoid packing things too high. Items can obstruct the drivers’ vision through the rear-view mirror. Under sudden braking, items packed up high could be thrown forward, striking anyone sitting in the back seat.
If you have a rooftop cargo container, a bike rack, or a rear storage rack for your car, make sure it’s properly installed and secured.
Remember, external cargo racks are going to be blown around by wind speeds in excess of 75 mph. Make sure they’re completely secure before setting out. You should also make sure that you’re not exceeding the manufacturer’s load limits for cargo racks.
If you’re towing a trailer, make sure it’s in good overall condition, hitches up to your car or truck properly, has functioning lights, and has fully inflated tires. Use safety chains to attach it to your hitch, and check it periodically throughout your trip to make sure everything looks good.
For that matter, you also should make sure your car is in good shape with properly inflated tires that have plenty of tread life left, topped-up fluids, and no mechanical issues that could interfere with your trip. A quick trip to the mechanic may be in order!
Stuffing your car full of suitcases and luggage – and additional family members – means that you’ll be adding quite a bit of weight to your vehicle. If your car is packed to the brim, you could add hundreds of pounds to its weight.
This will affect how your car handles. It will take longer to stop and to accelerate, and turns may also feel a bit different. Keep this in mind, and drive accordingly. You also should consider reducing how much stuff you bring to lighten the load.
We hope these tips have helped you prepare for your next road trip. And remember, if you need a Milwaukee car accident attorney, Natasha Misra Law is always here for you. Contact us online or call us at 414-246-9707 to discuss your situation and get a free case review.
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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