Contact

Get Help Now

WI IL IA

Can I File a Motorcycle Accident Claim If I Was Not Wearing a Helmet?

The issue of whether or not you have to wear a helmet in Wisconsin is one that we were involved in.

The Supreme Court in Wisconsin, a number of years ago, came down with a decision that said if you’re injured in a motorcycle accident and not wearing a helmet, it can be a total bar to your recovery. My partner Mike Hupy went to Madison, met with the legislature and thankfully was standing next to the governor a number of years ago when he signed a bill into law that said insurance companies cannot use that against an injured motorcyclist. 

If you’re a minor on a motorcycle and not wearing a helmet, it then can be used. But if you’re an adult in Wisconsin, you have the right to choose whether or not you wear a helmet. We were there, fighting that fight, and we’re happy to say that insurance companies cannot use the fact that you choose not to wear a helmet against you in Wisconsin.