Motorcycle accidents in Wisconsin have increased alarmingly in recent years. According to the Wisconsin Department of Transportation, approximately 2,000 motorcycle crashes occur annually, resulting in nearly 1,900 injuries and around 80 fatalities. When injured in a motorcycle accident, finding the right attorney is one of the most important decisions you’ll make during your recovery.
Unlike standard car accidents, motorcycle crashes often result in more severe injuries, complex liability issues, and insurance companies that aggressively minimize payouts. This makes choosing an attorney with specific motorcycle accident experience critical to securing fair compensation.
Before entrusting your case to any personal injury lawyer, ask these seven essential questions to ensure you’re getting the specialized representation you need.
1. What percentage of your practice is dedicated to motorcycle accidents?
Many personal injury attorneys handle various cases, from slip and falls to medical malpractice. While general experience is valuable, motorcycle accidents involve unique dynamics, laws, and challenges that require specialized knowledge.
A lawyer who regularly handles motorcycle accident cases will be familiar with the specific biases that riders often face from insurance adjusters, jurors, and law enforcement. They’ll understand the technical aspects of motorcycle operation and be better equipped to counter the unfair “reckless biker” stereotype that can undermine your claim.
Look for an attorney who dedicates at least 25-30% of their practice to motorcycle accident cases.
2. What is your success rate with motorcycle accident claims?
Past performance doesn’t guarantee future results, but an attorney’s track record provides valuable insight into their ability to handle your claim effectively.
Ask about both settlement amounts and trial verdicts. A lawyer who has secured substantial settlements demonstrates skill in negotiation, while successful trial verdicts show they’re not afraid to take your case to court if necessary. Be wary of attorneys who boast of a 100% success rate or make guarantees about outcomes.
Request specific examples of cases similar to yours and the results achieved.
3. How familiar are you with Wisconsin’s motorcycle laws?
Wisconsin has specific laws governing motorcycle operation, including helmet requirements, lane positioning, and right-of-way rules. Your attorney must thoroughly understand these laws to effectively establish liability and counter any claims that you were partially at fault.
Ask about their knowledge of Wisconsin’s comparative negligence law (the 51% rule) and how it might apply to your case. An experienced motorcycle accident lawyer should explain how this law works and strategies they’ve used to minimize their clients’ assigned percentage of fault.
4. What is your approach to determining fault in lane-splitting cases?
Lane-splitting (riding between lanes of slow-moving or stopped traffic) is a contentious issue in motorcycle accident cases. While not explicitly legal in Wisconsin, the practice exists in a gray area that insurance companies often exploit to deny claims.
A knowledgeable motorcycle accident attorney should explain their approach to handling cases where lane-splitting may be a factor. They should discuss working with accident reconstruction experts, gathering witness testimony, and using other evidence to establish liability even when lane positioning is disputed.
5. How do you calculate fair compensation for motorcycle injuries?
Motorcycle accidents often result in more severe injuries than car accidents, including traumatic brain injuries, spinal cord damage, and extensive road rash. These injuries can have long-term or permanent effects on your health, ability to work, and quality of life.
Ask potential attorneys how they approach calculating damages for these serious injuries. They should discuss both economic damages (medical bills, lost wages, future care needs) and non-economic damages (pain and suffering, loss of enjoyment of life).
6. Do you have experience dealing with insurance companies that handle motorcycle claims?
Insurance companies often treat motorcycle accident claims differently than car accident claims. Some insurers have specialized motorcycle claims adjusters who are particularly aggressive in denying or minimizing payouts based on biker stereotypes.
Ask potential attorneys about their experience negotiating with the specific insurance company involved in your case. Have they dealt with this insurer before? Do they know the tactics this company typically uses in motorcycle accident claims?
7. Can you provide testimonials from previous motorcycle accident clients?
There’s no substitute for hearing directly from past clients about their experiences. Ask for testimonials or references from previous motorcycle accident clients who had similar injuries or circumstances to yours.
Red Flags to Watch Out For
During your consultation, be alert for these warning signs:
•They make guarantees about outcomes or settlement amounts
•They can’t provide examples of past motorcycle accident cases
•They seem unfamiliar with specific Wisconsin motorcycle laws
•They pressure you to sign a contract immediately
Call Our Experienced Wisconsin Motorcycle Lawyer Now!
Choosing the right motorcycle accident lawyer can make a significant difference in your case outcome. By asking these seven critical questions, you can identify an attorney with the specific experience, knowledge, and approach needed to effectively represent your interests.
At Fitzpatrick, Skemp & Butler, LLC, our attorneys have extensive experience representing motorcycle accident victims throughout Wisconsin. Contact us today for a free consultation.