Auto Accidents
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’ve been in an accident, you may end up paying for more than just repairs to your vehicle. There are a lot of hidden costs that may pile up after your car is totaled or severely damaged in an accident.
In this blog, we will explore the true cost of damage to your vehicle, and discuss who is responsible for paying these fees and how to recover compensation after you’ve been in an accident.
The first and most obvious cost is the actual property (or physical) damage to your vehicle. Cars are getting more expensive to repair due to the use of advanced electronics and sensors. Even an accident that seems minor can result in hefty repair bills – including the total loss of your vehicle.
You may need to pay to have your vehicle towed to an auto body shop, collision center or salvage yard, and you may need to pay to have it stored until insurance adjusters can examine it and determine whether or not it’s worth repairing. This isn’t cheap, and can easily cost you hundreds of dollars in daily storage fees.
If you need a car to get to work, take your kids to school, and accomplish other day-to-day tasks, you may need to rent a car. The price of renting a car can fluctuate so it's best to check what coverage options are available first. If your car repairs take a long time, renting a car can be very expensive.
In Wisconsin, it may be possible to recover compensation for “loss of use” meaning the period of time that your vehicle is unusable and out of service. This compensation covers the entire period of time that your vehicle cannot be used, and typically ends when your vehicle is declared a total loss.
A car accident can also cause damage to personal property. For example, if your laptop is in a bag in the front seat of your car and you’re hit, the airbags may explode and damage it or it may be shattered by the impact. Replacing damaged valuables should be considered when calculating the total value of your losses.
If you were not at fault for your accident, you may be able to recover compensation for these costs from the at-fault person’s insurance provider – including repair costs, towing and vehicle storage, rental coverage, loss of use, and personal property damage. However, you can also seek recovery from your own insurance policy under your collision coverage. In fact, it may be in your best interest to do so, depending on the specific circumstances of your accident. Additionally, when a car is totaled and the amount owed on the car exceeds the car’s value, a gap insurance policy may be used to cover the difference. Working with a Milwaukee car accident lawyer will help you determine the best path to recovery and reach an acceptable settlement. Natasha Misra Law assists client with the repair or replacement of their vehicles at no additional cost.
If you are at fault, then your compensation will depend on the specifics of your insurance policy, and you may have to pay some out-of-pocket costs. Your insurance rates will also go up, since your insurance provider will have to cover your costs and the costs of the driver you hit. At times, it may be advisable to utilize your collision coverage.
At Natasha Misra Law, we’re here to help victims of car accidents recover the compensation they deserve for property damage, injuries, medical bills, and more. If you’ve been hurt in an accident, contact us online or give us a call to schedule an appointment with one of our Milwaukee car accident lawyers 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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