Your Trusted Wisconsin Motorcycle Accident Attorney
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.
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.
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.
How Can a Wisconsin Motorcycle Accidents Attorney Help You?
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.