Can Not Wearing a Helmet Affect Your Motorcycle Accident Claim?

Motorcycle riders in Green Bay and across Wisconsin value the freedom that comes with riding. But when a crash occurs, insurance companies often try to use that freedom against the rider.

One of the most common tactics involves helmet use. Insurers may argue that, because the rider was not wearing a helmet, the injuries are partly the rider’s own responsibility. Adjusters often claim the injuries would have been less severe if a helmet had been worn, using that argument to justify reducing compensation.

However, the issue is far more complicated than insurers suggest. Under Wisconsin law, not wearing a helmet does not automatically prevent an injured rider from recovering damages. In many cases, riders still have valid claims after a crash.

Our Green Bay motorcycle accident lawyers explain how helmet use can affect motorcycle injury claims and how we challenge these arguments to help clients pursue fair compensation. If you’ve been injured in a crash, contact us today for help.

Wisconsin’s Motorcycle Helmet Laws

Understanding Wisconsin’s helmet law is an important starting point when evaluating fault and injury claims after a motorcycle accident.

Under Wisconsin Statute §347.485:

• Riders under 18 must wear a helmet
• Riders operating with an instructional permit must wear a helmet
• Fully licensed riders age 18 or older are not legally required to wear one

This means many adult motorcyclists in Wisconsin are legally permitted to ride without a helmet.

After a crash, however, insurance companies sometimes try to blur this distinction. Even if a rider complied with the law, insurers may still suggest that not wearing protective gear was negligent.

Legally, choosing not to wear a helmet does not automatically make a rider responsible for an accident or their injuries. In fact, Wisconsin Statute §901.053 prevents attorneys from introducing evidence about helmet use or nonuse in a personal injury case.

That said, insurance companies may still raise the issue during settlement negotiations, even if it would not ultimately be admissible in court.

How Insurance Companies Use the Helmet Defense

After a motorcycle crash, insurance companies often look for ways to reduce the amount they must pay. One common strategy is to allege that the rider contributed to their own injuries.

Insurers often frame the argument this way: if the rider had been wearing a helmet, the injuries might have been less severe or avoided altogether.

By raising this defense, insurers attempt to shift part of the blame onto the motorcyclist. If they succeed, it can reduce the rider’s compensation for damages such as:

• Medical bills
• Lost income
• Rehabilitation costs
• Pain and suffering

This tactic is particularly common when riders suffer head injuries, concussions, or traumatic brain injuries.

Wisconsin’s Comparative Negligence Rule

Wisconsin follows the legal principle of modified comparative negligence. Under Wisconsin Statute 895.045, an injured person may still recover compensation even if they were partly responsible for the accident.

Two key rules apply:

• An injured person can recover compensation as long as they are less than 51% at fault
• Any compensation awarded is reduced by the person’s percentage of fault

For example, if a rider is awarded $100,000 in damages and is found 20% responsible, the total recovery would be reduced by that percentage. In that situation, the rider could potentially still receive $80,000 in compensation if sufficient insurance coverage was available.

In motorcycle claims, insurance companies sometimes try to use helmet arguments to assign a percentage of fault to the rider, even when the other driver clearly caused the crash.

Challenging these arguments is an important part of protecting an injured rider’s claim. Experienced Green Bay motorcycle accident lawyers know how insurers attempt to shift blame and ensure responsibility is placed where it belongs.

When Helmet Use Actually Matters in a Claim

In most motorcycle accident claims, helmet use only becomes relevant in limited circumstances.

Insurance companies may raise the issue when:

• The rider suffered a traumatic brain injury
• The injury involved skull fractures or severe head trauma
• The rider was legally required to wear a helmet under Wisconsin law

Even in these situations, proving that a helmet would have prevented the injury is difficult.

Motorcycle crashes often involve high speeds and violent impacts, and riders can suffer serious injuries even when wearing full protective gear.

In many cases, injuries may include:

• Spinal cord injuries or paralysis
• Broken bones and complex fractures
• Internal bleeding and organ damage
• Severe road rash and soft tissue injuries
• Shoulder, hip, or pelvic fractures

For injuries like these, helmet use typically has little to no connection to the cause or severity of the harm.

How Lawyers Defend Riders Against Helmet-Based Blame

Insurance companies sometimes rely on speculation when arguing that a helmet would have reduced a rider’s injuries. Experienced legal representation can challenge these arguments by using evidence, expert analysis, and a detailed investigation of how the crash occurred.

A strong legal strategy may involve:

• Crash Reconstruction Analysis: Experts examine the mechanics of the accident to determine how the collision happened and whether a helmet could realistically have prevented the injuries.

• Medical Expert Testimony: Physicians and specialists review the rider’s medical records and explain how the injuries occurred and whether helmet use would have made a difference.

• Biomechanical Analysis: Specialists study the physical forces involved in the crash to determine what actually caused the injuries.

These investigations help shift the focus back to the real cause of the harm: the crash itself, rather than speculation about a rider’s helmet choice.

Steps Riders Should Take After a Motorcycle Crash

After a motorcycle accident, the actions you take in the hours and days that follow can affect the strength of your injury claim. Taking the right steps can help protect important evidence and reduce the risk that insurance companies will use early statements against you.

If possible, riders should:

• Seek medical treatment immediately to identify and document injuries
• Document the accident scene and visible injuries, including photographs and witness information
• Preserve medical records, bills, and receipts related to treatment and recovery
• Avoid speaking with insurance adjusters without legal guidance
• Consult an experienced motorcycle accident attorney

Most motorcycle accident attorneys offer free consultations and handle cases on a contingency fee basis, meaning you typically pay nothing unless compensation is recovered.

At Brian Hodgkiss Injury Lawyers, our skilled Green Bay motorcycle accident lawyers understand how insurers use helmet arguments to redirect blame after a crash. We use medical evidence and expert analysis to push back on insurer efforts to reduce or deny compensation based on helmet use.

Speak With Our Green Bay Motorcycle Accident Lawyers About Your Case

Motorcycle crashes can leave riders facing serious injuries, long recoveries, and growing financial pressure. When insurance companies try to place blame on riders based on helmet use, skilled legal representation can help defend your rights.

Even if you were not wearing a helmet, you may still have the right to recover compensation for your injuries.

Our firm has secured substantial results for injured riders, including a recent $2.4 million recovery in a motorcycle injury case.

To learn how our Green Bay motorcycle accident lawyers can help pursue the compensation you deserve contact Brian Hodgkiss Injury Lawyers for a free consultation.