If you were in a motorcycle accident in Wisconsin and weren’t wearing a helmet, do you have a legal problem? That depends. Motorcycle helmet laws in Wisconsin are not the same for all riders. You must wear a motorcycle helmet if you’re under 18 or riding a motorcycle with a learner’s permit. If you’re over 18 and have a motorcycle license, Wisconsin strongly recommends a helmet, but does not require one.
Wisconsin Helmet Laws
According to the Wisconsin Department of Transportation, Wisconsin helmet laws state that:
- All motorcycle operators and passengers below the age of 18 must wear helmets.
- If the motorcycle operator has an instructional permit rather than a license, they must wear a helmet, and their passengers must also wear helmets.
- Operators face demerit points and fines if they transport passengers under 18 without helmets.
- All motorcycle helmets must meet or exceed US DOT motorcycle helmet standards.
Although the state doesn’t require motorcycle helmets for passengers over age 18 or fully licensed riders over age 18, the Wisconsin Department of Transportation strongly recommends them for everyone.
Other Required Gear for Motorcyclists
According to the Wisconsin DOT, all motorcyclists must wear eye protection. Options include:
- Goggles
- Glasses
- A face shield attached to the motorcycle helmet
In addition, the DOT recommends protective clothing such as:
- A leather jacket with long sleeves
- Leather pants
- Boots that cover the ankles
- Leather gloves
Liability in a Motorcycle Accident
If you fail to follow Wisconsin’s motorcycle helmet laws and get in an accident, your negligence in not wearing a helmet can prevent you from collecting full compensation for your injuries. You may also have liability for injuries to an underage passenger who wasn’t wearing a helmet. However, if you are above 18 and licensed to ride a motorcycle, failing to wear a helmet should not affect your ability to collect compensation. If the other driver was at fault for the accident, they should be liable regardless of whether you wore a helmet.
To avoid a situation in which you are injured but unable to collect damages, wear a helmet until you are fully licensed and above 18. Ensure any passenger legally required to wear a helmet does so.
In an Accident? A Wisconsin Motorcycle Accident Lawyer Can Help
Contact a personal injury attorney immediately if you were hurt in a Wisconsin motorcycle accident. The lawyers at the Warshafsky Law Firm have been winning personal injury cases for decades. We take pride in our ability to help accident victims recover the compensation they need to get their lives back on track.
Big insurance companies try to deny responsibility for accidents whenever they think they can get away with it. As for-profit companies, they don’t like to pay a penny more than they need to. We know how to stand up to them and fight for the full compensation you deserve. Our services will cost you nothing unless we collect compensation for you. Contact the Warshafsky Law Firm for a free assessment of your case today.
