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.
Halloween is a holiday that both children and adults look forward to each year. Unfortunately, Halloween can also be dangerous for pedestrian trick-or-treaters. Below are some Halloween safety tips for a safe and sweet trick-or-treat experience for both pedestrians and drivers.
Stay On Sidewalks and Pedestrian Paths - Pedestrian trick-or-treaters should try to stay on sidewalks and pedestrian paths. If there are no sidewalks, pedestrians should walk facing oncoming traffic. Pedestrians should also try to walk as far to the side of the road as possible. Pedestrians should walk under the assumption that the drivers coming toward them are not able to see them.
Follow the Rules of the Road – Pedestrians should try to cross the road at crosswalks. They should not run or dart across the road. Trick-or-treaters may need to remove their masks so visibility is not obstructed.
Wear Reflective Tape – Children and adults should use or wear reflective tape for costumes and trick-or-treat bags. Parents may even consider wearing a reflective jacket.
Carry Cell Phone – Pedestrians should carry a cell phone for quick communication in the event of an emergency.
Avoid Loose Dogs – Be cautious of dogs on the loose as they may become frightened or scared causing an unexpected dog bite or injury to a trick-or-treater.
Stay on Well Lit Streets – Pedestrians should assume that drivers are unable to see them.
Use Flashlights – Obtain flashlights for both kids and their escorts to improve the visibility of trick-or-treaters.
Slow Down - Drivers should slow down on Halloween and during designated trick-or-treat hours. Because of the excitement of trick-or-treating, kids run from house to house and often dart out into the road. By reducing speed, a driver will be able to stop before hitting a child that runs out in front of the vehicle.
Watch Driveways – Drivers should carefully enter and exit driveways to avoid kids who may be running or darting out into the driveway.
Do Not Use Cell Phone - Because a child may run out into the road, even a quick glance at the cell phone could cause a devastating accident. Avoid all distractions so you are able to focus on the road and surroundings.
Turn On Headlights – Turn on headlights earlier in the day so you are able to spot the pedestrian trick-or-treaters from farther distances.
Report Drunk Driving – During Halloween, drunk drivers are common and dangerous on the road. If you suspect a driver of drunk driving, you should contact local law enforcement.
Designate a Sober Driver – Halloween is also a night of adult parties involving drinking. Designate a sober driver or use other means of transportation such as Uber and Lyft.
With the above safety tips, Natasha Misra Law would like to wish you a sweet, spooky and safe Halloween! If you have any questions about an accident involving a pedestrian trick-or-treater, please contact our office at 414-210-3834 for a free consultation with a Milwaukee personal injury attorney.
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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