How Helmet Laws Affect Motorcycle InJury Claims 

How Helmet Laws Affect Motorcycle Injury Claims in Wisconsin

What Riders Need to Know About Helmets, Liability, and Getting Justice After a Crash

If you’ve been injured in a motorcycle accident in Wisconsin, and you weren’t wearing a helmet, you might be worried about how that affects your legal rights.

You might be asking:

  • “Can the insurance company use that against me?”

  • “Will I still be able to recover compensation for my injuries?”

  • “What if I was following Wisconsin law—but still got hurt?”

These are totally normal questions. We hear them all the time from riders who are already going through a tough recovery—physically, emotionally, and financially—and now they’re wondering if their choice not to wear a helmet is going to cost them their entire case.

Here’s the good news: you still have rights, and you still may be entitled to compensation, whether you were wearing a helmet or not.

At McCarthy Motorcycle Law, we care deeply about rider safety—and we also fight like hell for injured motorcyclists who get treated unfairly by insurance companies, no matter what kind of gear they were wearing at the time of the crash.

Let’s break down how helmet laws work in Wisconsin, how they affect personal injury claims, and what you can expect if you’re pursuing compensation after a motorcycle accident.

Wisconsin’s Motorcycle Helmet Laws

Let’s start with the law itself.

In Wisconsin:

  • Helmets are mandatory for riders and passengers under 18 and for motorcycle permit holders.

  • If you’re 18 or older and fully licensed, wearing a helmet is your choice.

That means if you’re a legal adult with a motorcycle license, you’re under no legal obligation to wear a helmet while riding in Wisconsin. It’s your right to choose—and a lot of riders do, depending on the conditions, the ride, and their personal values.

At McCarthy Motorcycle Law, we strongly believe in “All the Gear, All the Time.” We’ve seen the difference a helmet can make in a crash. We’ve also seen the devastation when someone goes down without one.

But we also know that not wearing a helmet does not mean you deserved to get hurt—and it doesn’t mean you should be denied justice after a crash that wasn’t your fault.

Will Not Wearing a Helmet Hurt My Case?

This is where things get a little tricky, so let’s break it down.

Just because you weren’t wearing a helmet doesn’t automatically mean you were negligent—or that you’ll lose your case. But it can become a factor under Wisconsin’s comparative negligence rules.

Here’s how it works:

Wisconsin follows a rule called “modified comparative negligence”. That means if you were partially at fault for the crash—or your injuries—you can still recover damages, as long as you were less than 51% at fault. But your compensation will be reduced by your percentage of fault.

So, if the insurance company or defense tries to argue:

“Sure, the other driver caused the crash… but the rider wasn’t wearing a helmet, and that made their injuries worse…”

…they’re essentially saying your own choices contributed to your injuries. If a jury agrees, they might assign you a percentage of blame—and reduce your settlement accordingly.

But that’s not always how it plays out. And we push back—hard—when insurance companies use this argument unfairly.

When Does Helmet Use Actually Matter?

Helmet use is most relevant when:

  • The rider suffered a head or brain injury (like a concussion or traumatic brain injury)

  • The injury could have potentially been prevented or reduced by a helmet

  • The rider was under 18 or otherwise required by law to wear a helmet

If your injuries have nothing to do with your head—like broken ribs, leg injuries, or spinal trauma—helmet use may be completely irrelevant to your claim.

Even in head injury cases, proving that a helmet would have prevented the injury isn’t always straightforward. It takes medical experts, biomechanical engineers, and crash reconstruction specialists to make those arguments—and we work with all of them to make sure your side of the story is fully told.

Because at the end of the day, you didn’t cause the crash. And that matters.

How Insurance Companies Use Helmet Arguments (And Why We Don’t Let Them Get Away With It)

Insurance companies are in the business of saving money—not helping people. And if they can use your helmet use (or lack of it) to reduce your payout, they will.

But here’s the thing:

  • Just because you weren’t wearing a helmet doesn’t mean the crash wasn’t 100% the other driver’s fault.

  • Just because you weren’t wearing a helmet doesn’t mean you were reckless.

  • Just because you weren’t wearing a helmet doesn’t mean you deserve less.

We make that clear in every case we handle.

We use expert testimony, medical evidence, and legal arguments to challenge unfair helmet-based blame. And in many cases, we’re able to show that the other driver’s actions—not your helmet choice—were the real cause of your injuries.

We believe in personal responsibility—but we also believe in personal freedom. And we don’t think you should be punished just because you exercised your right to ride helmet-free in a state that allows it.

What If I Was Wearing a Helmet?

Great! If you were wearing a helmet at the time of the crash, that can help strengthen your case—especially if you suffered a head injury anyway. It shows that you were taking safety seriously and doing your part.

If the insurance company tries to argue that you still somehow contributed to your own injuries, we shut that down fast. Your helmet proves you were being responsible, and that the other driver’s negligence—not anything you did—caused your injuries.

At the End of the Day, It Comes Down to This:

You have the right to ride.
You have the right to make your own decisions.
And you have the right to be treated fairly after a crash, no matter what.

Whether you were wearing a helmet or not, you deserve:

  • Respect

  • A full and fair investigation

  • The compensation you deserve to recover

And if the insurance company tries to use your gear—or your freedom—not to wear it—against you, we’re ready to step in and fight for you.

Our Approach: Safety First, Justice Always

At McCarthy Motorcycle Law, we’re big believers in rider safety. We’ve said it before and we’ll say it again:

All the gear, all the time.

But we also live in the real world. We know that sometimes you’re just going down the street. Sometimes it’s a hot day. Sometimes you take a ride without the full setup. That’s life. And that doesn’t mean you don’t deserve help if something goes wrong.

We don’t judge. We support. And we fight—for you, for your rights, and for the justice you’re owed.

What You Can Do Right Now

If you’ve been hurt in a motorcycle crash in Wisconsin—helmet or no helmet—here’s what we suggest:

1. Get Medical Attention

Your health comes first. Always.

2. Document Everything

Take photos of your injuries, your bike, and the crash scene if you can. Save all your medical records and expenses.

3. Don’t Talk to the Insurance Company Alone

They’ll try to get you to say things that can hurt your case. Talk to a lawyer first.

4. Contact Us for a Free Case Evaluation

If we think we can help, we’ll tell you what your case might be worth, whether helmet use is a factor, and how we can help. If we don’t think we can help, we’ll get you pointed in the right direction.

Free Consultations. No Judgment. Real Help.

You don’t have to face this alone. And you don’t have to be perfect to deserve support. Whether you were fully geared up or riding in jeans and a T-shirt, you still have rights. You still have a story. And we’re here to help you tell it.

Our consultations are:

  • Free

  • Confidential

  • Judgment-free

  • Focused on helping you understand your options

And if we take your case, you pay nothing unless we win.

McCarthy Motorcycle Law

All the Gear. All the Time. All the Support You Need—Helmet or Not.

Reach out today. Let’s talk about your crash, your recovery, and how we can help you get back on the road.