Motorcycle Accident Claims in Wisconsin
The Wisconsin helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Wisconsin requires a motorcycle helmet meeting the federal standard (49 CFR 571.218), with the chin strap fastened, only for riders under 18 and riders with an instructional permit; Wis. Stat. § 347.485(1)(a), (am), (2)
| Motorcycle helmet law | Wisconsin requires a motorcycle helmet meeting the federal standard (49 CFR 571.218), with the chin strap fastened, only for riders under 18 and riders with an instructional permit; a motorcyclist may not carry a passenger under 18 unless the passenger wears a helmet. Adult riders without a permit are not required to wear a helmet under this section. Eye protection is required unless the motorcycle has a qualifying windshield. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). The section does not address the effect on damages. |
|---|---|
| Lane splitting | No Wisconsin statute names lane splitting. All vehicles, including motorcycles, are entitled to full use of a traffic lane and no vehicle may be driven so as to deprive another of the full use of a lane; motorcycles may ride no more than two abreast in a single lane, and only with both riders' consent. On roads divided into lanes, a driver must stay as nearly as practicable entirely within a single lane and may not leave it without first making sure the move is safe. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Chapter 346 was searched for 'between lanes' and 'rows of vehicles' with no match; no absence claim is made beyond what these sections say. |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share. Source: Wis. Stat. § 895.045(1) |
| Minimum car insurance | Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage. |
| Deadline to sue for an injury | Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident. Source: Wis. Stat. § 893.54(1m)(a) |
More Wisconsin personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Wisconsin
- Wrongful Death Lawsuits in Wisconsin
- Medical Malpractice Rules in Wisconsin
- Car Accident Claims in Wisconsin
- Dog Bite Liability in Wisconsin
- Slip, Trip and Fall Injuries in Wisconsin
- Sidewalk and Public Property Falls in Wisconsin
- Pedestrian Accident Claims in Wisconsin
- Bicycle Accident Claims in Wisconsin
- Uber and Lyft Accident Claims in Wisconsin
- Truck Accident Claims in Wisconsin
- Construction Site Injuries in Wisconsin
- All Wisconsin personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Wisconsin?
Wisconsin requires a motorcycle helmet meeting the federal standard (49 CFR 571.218), with the chin strap fastened, only for riders under 18 and riders with an instructional permit; a motorcyclist may not carry a passenger under 18 unless the passenger wears a helmet. Adult riders without a permit are not required to wear a helmet under this section. Eye protection is required unless the motorcycle has a qualifying windshield.
Is lane splitting legal in Wisconsin?
No Wisconsin statute names lane splitting. All vehicles, including motorcycles, are entitled to full use of a traffic lane and no vehicle may be driven so as to deprive another of the full use of a lane; motorcycles may ride no more than two abreast in a single lane, and only with both riders' consent. On roads divided into lanes, a driver must stay as nearly as practicable entirely within a single lane and may not leave it without first making sure the move is safe.
Can you recover damages if you were partly at fault in Wisconsin?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share.
What is the minimum car insurance required in Wisconsin?
Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage.
What is the statute of limitations for personal injury in Wisconsin?
Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.