Is It Legal to Ride a Motorcycle Without a Helmet in WI?

There’s something undeniably exhilarating about hopping on a motorcycle and hitting the road in Wisconsin. You could be weaving through rolling farmland or cruising alongside the lakes; it’s one of those experiences that makes you feel more alive. For some riders, that thrill includes feeling the wind on their face, helmet-free. But are there helmet requirements for Wisconsin motorcycle riders? Let’s find out.

Wisconsin Motorcycle Helmet Law

In Wisconsin, the helmet law is relatively more relaxed compared to other states, but it’s still on the books. Whether or not you legally have to wear a helmet depends mainly on how old you are and what kind of license you have.

Who Has To Wear a Helmet in Wisconsin?

Anyone under 18 must wear a helmet, no exceptions. If you’re riding a motorcycle and you aren’t 18, you need to strap on that helmet.
Anyone with an instructional permit (even if you’re above the age of 18) also has to wear a helmet. Until you get your full Class M license, the helmet is non-negotiable.

If you’re 18 or older and fully licensed, then you aren’t required by law to wear one. It’s your decision.

What About Passengers?

Motorcycle helmet rules for passengers are the same. If the passenger is under 18 or riding with someone on a permit, they have to wear a helmet. If both of you are legal adults and the motorcycle operator is fully licensed, then legally speaking, you can both ride without one.

Is it Prudent to Skip Helmet Use?

Remember: just because it’s legal doesn’t necessarily make it smart. Statistically, people who wear helmets increase their chances of surviving a motorcycle crash. When you wear an approved helmet with a protective face shield attached, you’re taking preventative steps to mitigate the risk of catastrophic motorcycle accident injuries, such as neck injuries, spinal cord injuries, or traumatic brain injuries.

Without a helmet and protective gear, even a seemingly minor Wisconsin motorcycle accident can turn deadly. So yes, Wisconsin law gives you the option, but it’s a decision that comes with real risks.

What Other Gear is Required in Wisconsin?

Consider this situation in Wisconsin: You’re over 18 and you aren’t wearing a helmet. Are there still gear rules you need to follow? Yes. Eye protection is mandatory unless your motorcycle has a windshield that rises 15 or more inches above the handlebars. That means helmet glasses, goggles, or shatter-resistant sunglasses.

Even if you’re skipping the helmet, you cannot go full bare-faced. You need to wear protective eyewear that meets Wisconsin motorcycle safety standards.

What Happens If You Break the Helmet Law?

Let’s assume you’re 17 and decide to ride without a helmet in Wisconsin. What could go wrong? Well, aside from putting your life in danger, you could also get a ticket. Fines for failing to wear a helmet are approximately $175.00 but can be more with court costs and fees. However, the real complications for motorcycle accident victims start if you’re in a crash.

Legal & Insurance Consequences

If you’re supposed to be wearing a helmet and you aren’t, insurance companies might argue that your failure to wear a helmet contributed to your injuries. That means they could reduce your claim payout or deny it altogether.

Wisconsin follows a modified comparative negligence rule, which means that if you’re partially to blame for your injuries, you could see a reduction in compensation. So if not wearing a helmet made your injuries worse, expect that to come up in the claims process.

Insurance Coverage and Helmet Requirements

Most Wisconsin motorcycle insurance policies don’t mandate helmet use for adult riders. However, if you’re violating helmet laws like riding helmetless on a permit or if you’re under 18, your insurance provider might use that as a reason to limit or deny your compensation. When in doubt, always check your auto insurance policy.

Tips on Selecting the Right Helmet

If you’re planning on wearing a helmet (and we hope you are), here are a few tips:

Make sure it has a DOT certification
Go for full-face for maximum protection
Pick something that fits snug but not uncomfortably tight
Look for models with good ventilation and visibility

And stay far away from novelty helmets. They might look cool, but they don’t offer adequate protection.

Take a Motorcycle Safety Course if You Are a New Rider

If you’re planning to hit the road on two wheels, you should sign up for a motorcycle safety course (preferably through the Motorcycle Safety Foundation). This is one of the best things you can do for yourself. Don’t think this step is about checking a box to get your motorcycle license in Wisconsin. It will help you acquire real-world skills that could save your life.

Even though Wisconsin only has a partial helmet law, these courses always emphasize just how important motorcycle helmet use really is. The Wisconsin Department of Transportation backs a lot of this education and follows federal helmet requirements when it comes to funding and safety standards.

Whether it’s a motorcycle accident, a car accident, or a crash involving bicycle riders, things can go south quickly if you aren’t protected. So learn the basics, know the risks, and gear up the right way every time you ride.

Get High-Powered Legal Representation from Our Wisconsin Motorcycle Accident Attorneys

Accidents happen fast. When they do, the aftermath can be devastating. That’s where we step in. Our Wisconsin motorcycle accident lawyers at Gingras, Thomsen & Wachs will aggressively negotiate a settlement on your behalf with the insurance company, while remaining prepared to go to trial if needed.

We have spent decades representing injured individuals and families across Wisconsin, and we know how to fight for what’s right. Along the way, we have been honored to receive awards such as:

Best Lawyers in America
Wisconsin Super Lawyers and Rising Stars
Martindale-Hubbell Peer Review Ratings
Madison Magazine’s Top Lawyers
Multi-Million Dollar Advocates Forum

For us, more than these honors, what matters is if we can help injured victims and their families recover financial compensation to rebuild their lives. To schedule your free consultation, call us at 855-954-1186 or contact us online.

September 16, 2025/by Gingras, Thomsen & Wachs, LLP

Motorcycle Accidents

Tips for Avoiding a Motorcycle Accident

Whether you ride a bicycle, motorcycle, scooter, or just share the road with these riders, it is important to take basic safety precautions to protect our biker friends and neighbors. Bikers and scooters can be especially vulnerable because they do not have the protections of a car or truck surrounding them, and many drivers miss a motorcyclist or scooter-driver when checking their side or rear-view mirrors. Motorcycles are a lot smaller and can blend in when a driver is looking for other cars. It is therefore especially important for all drivers, cars, trucks, motorcycles, etc., to keep a close eye out for a motorcycle or scooter when navigating our roads. Here are our top tips for avoiding a motorcycle accident.

As a motorcyclist, cyclist, or scooter-driver: It is important to take a couple of basic safety precautions to protect yourself and ensure other drivers notice you.

First, always wear a DOT-Approved helmet at all times when riding your motorcycle or scooter. Without a proper helmet, the likelihood of suffering a traumatic brain injury doubles.
Second, wear protective clothing made of leather or other thick, protective material. Even on a hot day, long sleeves and pants will help reduce road rash and cuts if you end up on the ground. Bright clothing is also essential to help increase visibility to other drivers.
Third, similar to normal drivers, it is important to limit distractions. Distracted motorcycle or scooter drivers share not only the normal risks shared by cars and trucks, but additional travel problems: patches of sand, large puddles, potholes, and railroad tracks can all catch a tire and flip a motorcycle or scooter. Reducing distractions can help minimize these additional risks.
Fourth, considering the design of a bike, motorcycle, and scooter, bad weather can turn a normal ride into a deadly trap. Pay attention to rain and wind to avoid hitting the roads at dangerous times.

As a car or truck driver: Be careful to check twice before making a lane change or turn. Motorcycles and scooters share our roads and have equal rights to the trucks, vans, and cars driving beside them. Not only do we need to check to see if a motorcyclist, biker, or scooter-driver is present, but it’s also important to gauge how fast they are traveling. We are used to calculating our driving moves based on the speed and maneuverability of cars and trucks. It’s important to realize motorcycles may be traveling faster than they originally appear. If you do see a motorcycle approaching, make sure to double-check before pulling into their path.

Contact Gingras, Thomsen & Wachs to Learn More

If something does happen, Gingras, Thomsen & Wachs is here to help. We represent motorcyclists, bikers, pedestrians, and any type of driver who has been involved in an accident. If you or a loved one has been injured, please give us a call and we will guide you through both the healing and legal process.

October 1, 2019/by Gingras, Thomsen & Wachs, LLP

Motorcycle Accidents

Bike Accidents: What to Do After the Crash

With spring in full bloom, bikers are hitting the roads to take advantage of the great weather. As bikers venture out, drivers need to be aware of these riders on the road, otherwise, accidents could happen. If you’re a bicyclist and you happen to get into an accident with a driver, remain calm. Following the below steps can help you recover from the crash and get you the results you need to get back on the road.

What To Do After a Bike Accident

Wait for the Police to Arrive

It is vital that you wait for police to arrive at the scene of the accident, even if you think you are not injured so that they can take and file a police report. Some cyclists don’t realize they’ve been injured until several hours after the accident, and sometimes seemingly minor injuries later develop into serious and permanent problems. If you leave the accident scene, you may never be able to identify the at-fault driver.

Don’t attempt to negotiate with the driver. Many drivers initially apologize and accept blame, only to later deny their negligence or even deny they were present at the accident. Instead, wait for the police to come so they can document everything in the police report. Another advantage of waiting for the police: they may ticket the driver, which may be useful in settling the case with the insurance company.

Get Your Version of Events into the Accident Report

Sometimes, the police officer will take a statement from the motorist and not bother to talk to the cyclist. Do everything you can within reason to get your side of the story into the police report. And by all means, report all of your injuries, no matter how minor. Remember, those minor injuries may later become more serious. If the police refuse to include your statement in the accident report, you can later have the report amended.

Obtain Driver and Witness Contact Information

If possible, get the name of the automobile driver, as well as his or her address, phone number, vehicle license number, and insurance information. In addition, try to get names and contact information for everyone who witnessed the accident. Don’t assume the police report will include all of this information, it might not. If you are injured and cannot get this information yourself, ask a bystander to do it for you.

Document What Happened

If you can, make mental notes about the accident: what happened, how it happened, where it occurred, when it occurred, and road, traffic, and weather conditions. Then, as soon as you are able, write all this information down. Be sure to include in your notes the written phrase, “For my attorneys”. This might prevent the insurance company from later getting a copy of your notes.

Document Your Injuries

Seek immediate medical attention for your injuries, even if they are minor. Proving that you sought out medical attention will serve as evidence that you were injured, and medical records will document the extent of those injuries. Have several photos taken of your injuries as soon as possible after the accident.

Preserve Evidence

Leave your bike and other damaged property in the same state as after the accident, don’t attempt to fix anything or have anything inspected. If you need to use your bicycle for work or other transportation, be sure to take photos of the damage from every angle. If your clothing was torn or bloodied, try to preserve it in the best possible state. And don’t send your bike, helmet, or any other equipment to anyone other than your attorney.

Get More Information from the team at Gingras, Thomsen & Wachs, LLP

Many accidents between bikes and cars involve complex legal issues. The experienced bike accident attorneys at Gingras, Thomsen & Wachs, LLP can advise you on how to proceed after the accident, negotiate with the insurance company on your behalf, and/or represent you in a lawsuit. Connect with our team at any of our four locations across Wisconsin to learn more.

March 29, 2019/by Gingras, Thomsen & Wachs, LLP

GTW Cases, Motorcycle Accidents

I Was Hit on My Motorcycle – Can I Settle or Sue?

Motorcycle Accident

Now that winter weather is finally in the rear-view mirror, motorcyclists on Wisconsin roadways are a common sight again. Unfortunately, that also means it’s motorcycle accident season. According to the WI Department of Transportation, there were 2,250 crashes involving motorcycles in 2016, the most recent year for which statistics have been published.

Because of their design and size relative to other vehicles, motorcycle accidents can have catastrophic consequences. A victim who survives a motorcycle crash may suffer from long-lasting physical and emotional injuries. Insurance settlements may not offer adequate compensation, which can leave victims struggling to handle long-term health care expenses. Fortunately, Wisconsin law provides a recourse for people involved in motorcycle crashes, allowing them to file lawsuits to seek legal remedies.

What About Insurance Coverage?

After a motorcycle accident, the other driver’s insurance company may ask you to accept an insurance settlement to resolve the matter. Before you ever agree to settle you should always seek legal advice because insurance companies are known for their low ball offers. Even if the other driver didn’t have insurance or had inadequate insurance, you may also be able to file a claim against your own uninsured motorist/underinsured motorist insurance coverage.

Legal Remedies When a Product Defect Caused the Accident

In some cases, motorcycle accident victims may have recourse against someone other than the other driver.
If there was a product defect with your motorcycle or your helmet, or if road conditions caused or contributed to the accident, a personal injury attorney may be able to help you pursue a claim against the manufacturer or others responsible for maintaining roadways.

How Motorcyclist Negligence Can Impact Damages Awards

If we cannot settle the case for you for fair compensation and you must file a lawsuit after a motorcycle accident, a process our Milwaukee personal injury legal team regularly guides clients through under Wisconsin law, you will need to prove that the other driver or another responsible party was at fault and that you suffered injuries for which you should be compensated.

Sometimes, motorcycle accident victims assume they will not be able to obtain compensation for their injuries if they were speeding or their own actions or negligence otherwise contributed to their injuries. In actuality, you may still be able to recover under a lawsuit. The amount you could recover may be reduced to reflect your role in the accident.

Gingras, Thomsen & Wachs, LLP Help Motorcycle Victims

Accidents can happen when you least expect them to. If you were involved in a motorcycle accident, contact the skilled personal injury attorneys at Gingras, Cates & Wachs in Madison, Milwaukee and Eau Claire. We will help you identify your options, advise you on potential outcomes, and help you take action while you focus on recovering.

May 25, 2018/by Gingras, Thomsen & Wachs, LLP