If you have been injured in a motorcycle accident while riding without a helmet, you may be wondering whether that choice will cost you your entire claim. Not wearing a helmet doesn’t automatically disqualify you from seeking compensation, but it can complicate your case. The outcome depends on the nature of your injuries and how the insurance company chooses to respond.
If you or your loved one was injured in a motorcycle accident caused by someone else’s fault, contact a Milwaukee personal injury attorney at Cannon & Dunphy S.C. for a free consultation.
Who Is Required to Wear a Motorcycle Helmet in Wisconsin?
Unlike states with a blanket motorcycle helmet law, Wisconsin only requires helmets for certain motorcycle riders. If you are under 18 years old or riding with a motorcycle permit, you must wear a helmet. However, if you are 18 or older and hold a full motorcycle license, helmet use is entirely optional. The state leaves that decision up to you.
Can Failure to Wear a Helmet Affect Your Motorcycle Injury Claim?
This is where your case can get more complicated. Wisconsin follows a legal principle called modified comparative negligence. Under this rule, you can still recover damages even if you were partially responsible for the accident or your injuries—as long as your share of fault does not reach 51 percent or higher. If it does, you cannot recover any compensation.
Insurance companies often try to argue that not wearing a helmet made your injuries worse than they would have been otherwise. If a jury agrees, they may assign you a portion of the blame and reduce your compensation accordingly. That said, this argument doesn’t always hold up.
Helmet use tends to matter most when the injured rider suffered a head or brain injury, such as a concussion or traumatic brain injury. Proving that a helmet would have actually prevented the harm requires testimony from medical experts and accident reconstruction specialists. These determinations are far from automatic, and an attorney can help you challenge these claims.
How Can a Wisconsin Motorcycle Accident Lawyer Protect Your Rights?
Wisconsin does not require adult riders to wear helmets, but insurance companies often attempt to use helmet non-use against injured motorcyclists. A motorcycle accident lawyer understands how to counter these arguments and protect your right to fair recovery.
Your attorney will gather evidence and build a case that tells your full story, not just the version the insurance company wants to present. These experts can analyze the specific mechanics of your crash and determine whether a helmet would have realistically made a difference. They will work with medical professionals, biomechanical engineers, and accident reconstruction specialists to challenge unfair assumptions and ensure your side of the story is fully told. They will push back against attempts to unfairly blame you for your injuries and fight for every dollar you are owed.
Whether that means negotiating aggressively with insurers or taking your case to court, a skilled lawyer will stand by your side throughout the process. Contact a Wisconsin motorcycle accident lawyer for a free consultation and learn how they can pursue the full compensation you are entitled to under the law.