Your Ally on the Road: Wisconsin Motorcycle Accident Attorney for Justice
Motorcycle accident victims can find tremendous value in having the help of a specialized attorney. These legal experts are equipped to guide motorcycle crash survivors through the tricky process of dealing with insurance companies and filing claims while also ensuring that they receive adequate compensation for their trauma and other losses sustained as a result of an accident.
Riding a motorcycle on Wisconsin’s many open roads is a thrilling experience for many, but it does carry certain risks. Historically, motorcyclists are over-represented when it comes to serious injuries and fatalities in traffic accidents. Despite the unfair reputation that motorcyclists still have for being “reckless,” the reality is that it is often another negligent driver who is at fault for such accidents.
The Wisconsin motorcycle accident attorneys at Fitzpatrick, Skemp & Butler, LLC, can represent you in seeking compensation from a negligent driver or other third party whose actions contributed to your injuries. We understand that recovering from a motorcycle accident is often a long and difficult process. That is why we will make every effort to hold the responsible parties legally accountable on your behalf. Your focus should be on getting better and resuming your normal life to the extent that is possible. Contact us today to schedule a free consultation at our offices in Onalaska, Eau Claire, or La Crosse, and throughout Wisconsin.
The Role Our Wisconsin Motorcycle Crash Attorney will Play
The expertise and commitment of our Wisconsin motorcycle accident lawyers at Fitzpatrick, Skemp & Butler, LLC are invaluable to victims. Our experienced Wisconsin accident attorneys provide guidance on navigating the legal system, negotiating with insurers and claiming due remuneration for any harm suffered. Research suggests that when people involve experienced attorneys in their case regarding motorbike collisions, settlements received from insurance companies may be more than three and a half times greater compared to those obtained without authorized representation. We have a proven track record of bringing back millions in compensation to our clients.
Common Causes of Motorcycle Accidents
Motorcycle accidents in Wisconsin can have a wide range of causes such as negligence or environmental conditions, which are all too common. To successfully pursue legal action for damages incurred from an accident and its aftermath, it is critical to identify the particular cause that led to the incident. Motorcyclists rely on experienced motorcycle accident lawyers based in Wisconsin who specialize in holding responsible parties liable for various types of negligence including speeding, tailgating and failing to yield right-of-way among other infractions. These professionals must be prepared assess cases involving issues like distracted driving related injuries due alcohol/drugs abuse together with hazardous road conditions leading up when looking into any particular instance where an accident occurred while ensuring their clients receive just compensation for damages sustained by them.
Understanding the “Rules of the Road” When It Comes to Motorcycle Accidents in Wisconsin
According to the National Highway Traffic Safety Administration, there were about 6,000 motorcyclists killed nationwide in 2021, which was the highest number killed since 1975. This figure accounts for 14 percent of all traffic accident-related fatalities, even though far less than 14 percent of all vehicles on the road are motorcycles. Because of the unique nature of motorcycles, motorcycle operators face a disproportionate risk relative to other motorists on the road.
A motorcycle lacks the same safety protections as an enclosed vehicle. All Wisconsin motorcyclists must understand and follow state laws designed to help ensure their safety on the road. Some of these key laws include:
● A motorcycle can only travel on highways if it has been certified by the federal government for highway operation.
● Anyone operating a motorcycle in Wisconsin must have the same liability insurance in effect as they would for driving a car. You must also carry proof of insurance with you when riding a motorcycle.
● In addition to the operator, a motorcycle may have one or more passengers if it is designed to carry additional passengers.
● Motorcyclists have the same rights as any other vehicle on the road and may always use a full traffic lane. Two motorcyclists can agree to share the same lane.
● When a motorcycle is on the highway, its headlight and taillight must be always active, unless the operator is taking the vehicle to a repair shop to replace a defective light.
● Anyone under the age of 18 must wear a helmet to ride on a motorcycle, either as an operator or a passenger. If riding at night, eye protection cannot be tinted or darkened.
● All motorcyclists must wear eye protection unless their motorcycle is equipped with a windshield that extends at least 15 inches above the handlebars.
Again, it is important to emphasize that motorcyclists have the same rights and responsibilities as any other motorists on the road. Drivers of other vehicles, such as cars and trucks, may not engage in any form of aggressive or reckless driving toward motorcycles.
Injuries Resulting from Motorcycle Accidents
Motorcycle crashes can lead to devastating serious injuries, such as traumatic brain injury, spinal cord damage and fractures. It is important for accident victims to document the scene of a motorcycle crash in order to support their claim for compensation. Wisconsin law allows those hurt due to motorcyle accidents — even if no helmet was worn at time — to seek recompense with help from an experienced Milwaukee Motorcycle Accident Lawyer who will ensure your rights are protected throughout the legal process so you have every chance of getting a successful outcome.
Indeed, motorcycle accidents in Wisconsin are often the result of motorists ignoring their responsibilities. Some of the more common types of motorcycle accidents our clients experience include:
● T-bone crashes: Also known as a side impact collision, this type of accident usually occurs when a car or truck illegally enters an intersection and hits a motorcycle from the side.
● Head-on collisions: This is when the front of a motorcycle impacts the front of another vehicle, usually when both vehicles are traveling at full speed. Such collisions are often the result of one driver traveling in the wrong lane and direction.
● Rear-end collisions: If the driver of a car or truck fails to maintain an adequate stopping distance between themselves and a motorcycle traveling in front of them, they can easily bump or collide with the rear of the motorcycle, which can throw the operator from the bike.
● Left-turn collisions: If a car or truck tries to make a left turn without looking, they can easily cut off a motorcycle traveling behind them and cause an accident.
● Defective motorcycles: Sometimes an accident is the result of a defect in the design or manufacture of the motorcycle itself–or one of its many parts–rather than driver negligence. In such cases, the manufacturer or even a repair shop may be liable for a motorcyclist’s injuries.
What Are the Most Common Injuries Sustained in a Wisconsin Motorcycle Accident?
Given that someone operating or riding as a passenger on a motorcycle lacks substantial protection in the event of a collision–even if they are wearing a helmet and other safety gear–it is common for accidents to result in serious and potentially life-threatening injuries. In a Wisconsin motorcycle accident lawsuit, victims can seek compensation from a negligent driver or other third party for their medical bills, rehabilitation costs, and lost income arising from their physical injuries, as well as compensation for their pain and suffering and other “non-economic” damages.
Here are just a few examples of the more common serious injuries our clients have experienced in Wisconsin motorcycle accident cases:
● Amputated Limbs
● Broken Bones
● Dental Injuries
● Eye Injuries
● Facial Injuries
● Internal Organ Damages
● Open Wounds and Lacerations
● Rider’s Arm
● Road Rash
● Spinal Cord Damage
● Traumatic Brain Injuries (Concussions)
In cases where a motorcycle operator or passenger dies because of their injuries, the executor of their estate or certain surviving family members can file a wrongful death lawsuit against the responsible parties. A wrongful death claim allows the survivors to seek compensation for the victim’s final medical expenses, the cost of their funeral and burial, and the family’s ongoing emotional losses.
What Steps You Need to Take Following a Wisconsin Motorcycle Accident?
The first moments following a motorcycle accident are critical. Even if you can get up and walk after a collision, you may still have sustained serious injuries that can lead to long-term health complications if not promptly addressed. With that in mind, here are some basic steps to follow if you are ever involved in a motorcycle accident in Wisconsin:
● Always Seek Medical Attention: It is not uncommon for people to enter a state of shock following a motorcycle accident. There is likely to be a good amount of adrenaline flowing through you, which can mask pain and the true extent of your injuries. That is why you should always seek medical attention as soon as possible following an accident. This is not only good advice medically but legally, as the sooner you begin to document your injuries, the more helpful it will be when trying to prove a case for damages from the at-fault insurance company or in court.
● Call the Police: It may seem like overkill to call the police following a motorcycle accident, but the police can prepare an official accident report. Again, this is something that can prove invaluable should you need to file a personal injury lawsuit against the driver who hit you. An accident report can also take down valuable information, such as the names and phone numbers of any third-party witnesses.
● Document the Accident Scene: Of course, if you are physically able to gather information at the scene on your own, it is a good idea to do so. As with any motor vehicle accident, you need to exchange contact, vehicle, and insurance information with the other drivers involved. You should also take pictures of the accident scene and your motorcycle with your smartphone.
● Never Admit Fault: You should keep any conversations with the other drivers and people at the accident scene to a minimum. Resist the instinct to apologize or make any statement that might be interpreted as an admission of guilt. Such statements could be used against you later by an insurance company or a defense attorney.
● Call an Attorney. Seeking medical care must come first. When you can, it is in your best interest to contact a Wisconsin personal injury lawyer who specializes in motorcycle accidents. An attorney can advise you of your rights under the law and handle any discussions with insurance companies or the other driver on your behalf.
Navigating Insurance Issues After a Motorcycle Accident
Facing insurance companies following a motorcycle crash can be tough. Insurance firms may attempt to assign blame to bikers in order to decrease the size of claims they pay out or limit settlements. A well-informed lawyer is able to help mediate any disagreement with an insurer and aim for the most advantageous result possible for motorcyclists who have been involved in collisions.
To make sure you are dealing properly with insurers, it’s essential that bike riders consult an experienced accident attorney about their options first before giving statements or accepting offers from them. Also remember this rule always, having skilled legal representation gives you insight into navigating complex claim procedures and getting optimum compensation awarded back your way after being entangled in such accidents.
Medical Expenses
In order to quantify medical expenses associated with a motorcycle accident, evidence must be gathered such as receipts for out-of-pocket costs, invoices and bills from doctors or hospitals visited in connection with the incident. Expert witness testimony may also form part of this paperwork. After an individual is involved in a Wisconsin motorcycle crash, they could receive compensation that covers any future health care needs through either settlement proceedings or court decisions resulting from their claim. An experienced lawyer can assist when evaluating what amount of money should be allocated towards anticipated medical treatment, which guarantees sufferers have access to necessary resources moving forward.
Lost Wages and Earning Potential
When assessing the compensation for a motorcycle accident, lost wages and earning potential are also factors to consider. This would include figuring out how much income has been affected due to missed work days plus any future earnings that could have occurred if it were not for injury-related issues. Such elements as salary, job history, and damage intensity will be taken into account when estimating what’s owed in terms of lost paychecks.
Evidence such as records demonstrating skipped shifts or medical documents connected with injuries must be collected so that losses can be documented accordingly – including the victim’s current financial situation along with occupation status, hurt severity alongside their impact on capacity to operate, age factor merged with educational credentials. Probability of upcoming promotion possibilities or professional advancement options supported by an accurate forecast for recovery time based on harm caused by crash incidents etcetera all come under consideration during evaluation process linked to wage drops resulting from motorbike incident misfortune.
In summary, anything affecting end results regarding money paid is considered important enough when fighting over just payment associated absent gains following accidents concerning motorcycles.
Pain and Suffering
Pain and suffering compensation is calculated using the multiplier method, which involves multiplying medical bills, lost wages and other economic damages by a factor. This is to account for physical pain caused by the incident as well as mental anguish and emotional distress that has had an impact on their quality of life. Consideration must also be given to how long these symptoms have endured along with any additional treatment or rehabilitation expenses such as future medical costs resulting from this accident. It’s important to consider non-economic damages like loss of companionship or enjoyment in daily activities due to injury sustained during said event.
Wisconsin Motorcycle Laws and Regulations
In Wisconsin, there are several laws and regulations concerning safe operation of motorcycles. This includes the requirement for riders under 17 or on an instructional permit to wear a helmet while driving in public areas. As well as use proper eye protection like glasses, goggles or face shields unless their motorcycle has a sufficient windshield. Fulfillment of these rules is crucial for motorcyclists’ safety along with others using the roads at the same time. It might influence the outcome of any potential legal dispute related to motorcycle accidents since that’s when specialized accident attorneys come into play: they can help determine how applicable those rules are to your case & safeguard you throughout this process so your rights remain untouched.
Choosing the Right Motorcycle Accident Attorney
Finding the right attorney for your motorcycle accident case is a major decision that should not be taken lightly. A legal representative specialized in such incidents will have an edge when it comes to addressing and overcoming any related obstacles, including establishing responsibility, ascertaining damages or negotiating with insurers. Researching their experience level concerning similar cases along with evaluating past successes can help you make the best choice. Also important is forming strong client-attorney relationship which enables open communication during litigation as well as more solid evidence building. Inquiring on available free consultations would thus enable proper evaluation of individual lawyers’ qualities prior to making your final selection.
When to Hire a Motorcycle Accident Lawyer
Engaging the services of a qualified motorcycle accident lawyer is essential in order to ensure evidence collection and preserve any legal claims. According to Wisconsin laws, there are strict time limits for filing an action related to injuries incurred in such collisions. It’s advisable that after receiving medical attention one contacts a suitable attorney as soon as possible.
An experienced motorbike collision specialist can provide advice throughout the proceedings with insurers, plus assist you in building up your case based upon information about what transpired during the crash and its seriousness from an injury standpoint. The quicker you appoint an appropriate lawyer will better protect your rights & increase chances of attaining the fair recompense required under law.
Get Help from Our Experienced Wisconsin Motorcycle Accident Attorney Today!
Wisconsin is an “at-fault” state when it comes to motorcycle accidents. A negligent driver can always be held financially responsible for the damage sustained by accident victims. Wisconsin also follows a “modified comparative negligence” rule in personal injury cases. This means that a judge or jury must apportion fault for a motorcycle accident among all parties involved, including the motorcyclist. This can significantly reduce or even bar recovery of damages.
Motorcyclists face a special challenge when it comes to comparative negligence because of a persistent bias. Many members of the public feel that motorcycles are inherently dangerous and the people who operate them are reckless. This “motorcycle bias” often leads insurance companies and defense lawyers to low-ball settlement offers and can in some cases, cause a jury to reduce the amount of damages it awards.This is why it is especially crucial to work with a qualified Wisconsin motorcycle accident attorney. At Fitzpatrick, Skemp & Butler, LLC, we know how to build–and win–a successful personal injury case. So if you, or someone that you love, has been seriously injured while riding a motorcycle, contact us today to schedule a free, no-obligation consultation.
Frequently Asked Questions
How much are most motorcycle accident settlements?
The amount of a settlement from a motorcycle accident can vary greatly, with potential awards anywhere between $5,000 and upwards of $50,000 or more depending on the particulars of the case.
What to do after a motorcycle accident?
In the event of a motorcycle accident, medical help should be sought and all details surrounding it documented. It is also essential to contact law enforcement officers immediately and exchange relevant information with other parties involved in the incident. Always remember that safety comes first and you must familiarise yourself with your legal rights during such circumstances too.
What ability should the best motorcycle accident lawyer have?
An excellent attorney for motorcycle accidents should possess the capability to clearly and simply elucidate intricate legal ideas. They must be capable of maintaining effective discourse with both parties included in such an event.
What types of compensation can I expect in a motorcycle accident claim?
In the event of a motorcycle accident, you may be qualified for reimbursement covering medical costs, lost wages, as well as pain and suffering that resulted from it. Other potential damages might also be taken into account.
How is pain and suffering compensation calculated?
In order to award a fair amount for the injury, pain and suffering compensation is usually calculated by multiplying economic damages with an applicable factor. This method of assessing non-economic losses called the multiplier system provides clear estimation.