Wisconsin Motorcycle Helmet Laws

Motorcycle accident victims have a better chance of surviving their injuries when they wear protective gear, such as motorcycle helmets. You might wonder if you are required to wear a helmet while on a motorcycle under Wisconsin law.

Motorcycle laws in Wisconsin should be fully understood before you go for a ride. Wisconsin motorcycle safety regulations are designed to help prevent injuries and fatalities on the road. It doesn’t matter how experienced a motorcycle operator you are. Motorcycle crashes can happen in the blink of an eye, and if you wear a helmet, you have a greater chance of surviving.

Pemberton Personal Injury Law Firm represents injured victims after motorcycle crashes. In this blog post, we review Wisconsin helmet requirements and provide other tips for motorcyclists.

Understanding Wisconsin Motorcycle Helmet Laws

In the late 1970s, Wisconsin had a universal helmet law for motorcyclists, though it was repealed. According to Wisconsin law, the state uses a partial motorcycle helmet law, meaning that it only applies to certain people.

Partial Helmet Law Under Wisconsin Law

The Wisconsin Department of Transportation’s law relating to motorcycle helmet use, Wisconsin Statute 347.485, states that all passengers and motorcycle operators who are under the age of 18 must wear helmets. Motorcycle riders who are over 18 with passengers under that age are breaking the law if that passenger is not wearing a motorcycle helmet. Those with instructional permits should also wear a helmet, though once you move on from the instructional permit and are over 18, you can choose whether you want to wear one or not.

Eye Protection is Legally Required

While you are not required to wear helmets if you are over the age of 18, you are legally required to wear eye protection, as per Wisconsin Statute 347.485. This prevents your sight from being obstructed by dirt or debris on the road. Ideally, a helmet, glasses, goggles, and other safety gear should be worn. However, the best protection is from a protective face shield attached to a proper helmet. If you do not choose to wear a helmet, you must wear protective eyewear as per the law.

However, if you are operating an autocycle with a windshield or a motorcycle with a windshield rising at least 15 inches above the handlebars, you are not required to have eye protection.

Wisconsin Motorcycle Helmet Requirements

Again, you are only required to wear a helmet if you are under the age of 18, though it is best to wear a helmet at any age for proper protection. When you wear a helmet, it must abide by specific requirements, namely that it has the “DOT” symbol on it. This symbol means it is approved for federal helmet requirements.

Fines for Those Who Don’t Wear Helmets

If you do not wear a helmet when you are under 18 or you have a passenger under 18 riding with you who does not wear a helmet, you will face penalties under Wisconsin Statute 347.50. Not wearing a helmet in these circumstances will result in a fine of $10-$200 for every violation.

How Helmet Laws Influence Personal Injury Claims in Motorcycle Accidents

Helmet use may not be mandated for everyone in Wisconsin. Even bicycle riders are not required to wear a helmet. However, whether it’s the law or not, the evidence is very clear on how wearing a helmet can save your life.

Head injuries and brain injuries are very common in crashes with motorcycles. While you must wear eye protection, helmets are not mandated. Still, even if you are over 18 and not legally required to wear one while riding your motorcycle, it is strongly recommended. It could impact your ability to recover compensation.

Remember, motorcyclists are often blamed or accused of being reckless just by riding a motorcycle. Helmets may not be required by law, but they can save you from life-altering injuries or death in the event of an accident. They can also help you avoid losing compensation for your bike crash.

Steps to Take If You Suffer Motorcycle Accident Injuries Without a Helmet in Wisconsin

When you ride your bike with or without passengers in Wisconsin, you should know what to do if you’re in a wreck. The first thing is to get out of harm’s way on the road, if possible. Next, call 911 to report the crash. The law in Wisconsin requires you to report any accident with injuries, fatalities, or more than $1,000 worth of damage.

Riders and their passengers should seek immediate medical attention. If riders over the age of 18 fail to wear helmets, they may be seen as taking less care to protect themselves in the event of such situations.

However, riders of motorcycles should know that evidence can be quite compelling. For example, if you ride your motorcycle and follow all traffic laws and another motorist runs into you by running a traffic light, it is clearly their fault whether you were wearing a helmet or not. Ultimately, the best course of action for motorcycle riders is to seek legal representation from a personal injury attorney who represents motorcycle accident victims.

With legal counsel, you will have the best chance of standing up to insurers who try to assign blame to you. Pemberton Personal Injury Law Firm encourages you to wear a helmet, even when the law doesn’t force you to do so. Injuries to the brain may leave you with a lifetime of complications, and it doesn’t matter whether you were following the rules of the road or not. All it takes is one negligent person to crash into you and change your life’s trajectory.