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.
Losing a loved one due to someone else’s negligence can be devastating. Additionally, after the death of a loved one, you might be facing long-term and immediate financial concerns. You might also have questions about the necessary steps you need to take to protect your rights and hold the responsible party accountable.
At Natasha Misra Law, we’re ready to help you navigate the unexpected challenges that come with losing a loved one due to someone else’s negligence. We understand the dynamics of wrongful death claims, so you can be sure to receive the best legal support possible.
Wrongful death laws vary with every state and are designed to settle the monetary damages caused by the death of a loved one due to someone else’s wrongdoing. Hiring an experienced attorney to help you file a lawsuit is crucial, especially if you want to receive the correct compensation.
At Natasha Misra Law, we’re ready to handle your wrongful death claim and recover the compensation you deserve for:
Of course, there are other ways that you can receive compensation. That’s why it’s so important to have the proper support while filing a claim–you don’t want to do this alone.
In Wisconsin, you have three years from the time of your loved one’s death to file a wrongful death lawsuit. However, the law has an exception for motor vehicle accident wrongful death claims. In this situation, you have only two years from the time of the death to make a claim.
At Natasha Misra Law, we understand that dealing with the wrongful death of a loved one can be very difficult. We’re committed to offering the assistance you need through every step of the legal process. Contact us today so that we can help build a legal strategy tailored to your unique situation.
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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