Helmet Laws and Your Wisconsin Motorcycle Personal Injury Claim
June 2026
Wisconsin law explicity states that evidence regarding whether a motorcycle rider had a helmet on at the time of the collision cannot be consider in evidence to reduce a person's recovery for injuries or damages. Wis. Stat. 895.049 This rules does not apply to a person who is required to wear protective headgear as in the case of a minor involved in a motorcycle collision. For licensed riders in the State of Wisconsin, helmets are not mandatory for those over the age of 18. The collision itself can still be subject to the rules of comparative negligence as are all Wisconsin collisions.
This rule also applies to collisions involving snowmobiles and UTV/ATV's.
If you have been injured in a motorcycle collision, take the time to find experienced trial counsel. At Herrick & Hart, we have been on the side of the injured since 1951. We have lawyers who focus their practice on the area of personal injury law.