Riding a motorcycle offers a sense of freedom that few other experiences can match but that freedom comes with risks. If you’re a motorcyclist in Wisconsin, you need to know where the law stands on helmet use, not just for safety reasons, but because it could impact your rights after a crash. Knowing the rules can help you protect yourself both on the road and in the courtroom if you are ever injured by someone else’s negligence. Contact our Milwaukee motorcycle accident lawyers today for a free consultation.
Does Wisconsin Require Motorcycle Helmets?
Unlike states with universal helmet laws, Wisconsin doesn’t mandate helmet use for all riders. Instead, the law draws a line based on age and riding credentials:
- Riders Under 18: Every motorcycle rider and passenger under the age of 18 is required to wear a helmet in Wisconsin. The helmet must display the Department of Transportation (DOT) symbol, which confirms it meets federal safety standards.
- Instructional Permit Holders: Wisconsin also requires anyone holding an instructional permit to wear a helmet while operating a motorcycle, regardless of age. If you are caught riding without proper head protection or a protective face shield while on an instructional permit, you could face fines up to $200.
Beyond helmets, Wisconsin mandates that all motorcycle riders wear protective eyewear. This includes glasses, goggles or a protective face shield attached to your helmet. This universal requirement applies to every rider, no matter your age or experience level. Protective eyewear shields your eyes from road debris, insects, and wind, while also providing critical protection in the event of a crash.
Can Failure to Wear a Helmet Affect Your Injury Claim?
After a motorcycle accident, insurance companies and defense attorneys often look for any reason to reduce what they owe you. One common tactic is to argue that your injuries wouldn’t have been as severe if you’d been wearing a helmet even when helmet use wasn’t required by law.
However, failure to wear a helmet does not cause motorcycle accidents. These collisions happen because someone was negligent: speeding, distracted, impaired, or failing to yield. Whether you wore a helmet has no bearing on whether the crash occurred in the first place.
State law agrees with this interpretation. Wisconsin Statute § 895.049 states that failure to wear protective headgear cannot be used to reduce your recovery in a civil action. This means that even if you weren’t wearing a helmet, the defendant can’t use that fact against you to diminish your compensation.
Compensation Available for Motorcycle Accident Victims
Wisconsin law allows accident victims to recover various types of damages that reflect the true cost of their injuries and the impact on their lives. Available compensation may include:
- Medical expenses
- Lost wages for time missed from work during recovery
- Loss of future earning capacity
- Physical and emotional pain and suffering
- Property damage to repair or replace your motorcycle and gear
Contact a Wisconsin Motorcycle Injury Lawyer Today
Whether you were wearing a helmet or not, you deserve fierce legal representation after a motorcycle accident. Cannon & Dunphy S.C. has defended countless riders against unfair blame tactics and fought to secure full compensation despite attempts to use helmet laws against them. Contact us at (262) 400-3573 for a free consultation and learn how our Wisconsin motorcycle accident lawyers will protect your rights while you focus on healing.