From the moment the accident happens, you’re already at a disadvantage. There’s a pervasive and unfair stereotype against motorcyclists—a “biker bias.” Insurance companies and even juries often assume that motorcyclists are reckless thrill-seekers who are at least partially to blame for their own injuries. They will use this bias to their advantage, looking for any excuse to deny your claim or reduce your settlement.
They might argue that you were speeding, weaving through traffic, or not wearing appropriate safety gear, even if there’s no evidence to support these claims. An experienced Wisconsin motorcycle accident lawyer knows how to combat this bias. We build your case on facts, evidence, and the law, presenting a clear and compelling narrative that shows what really happened and who is truly at fault.
Why Motorcycle Accident Claims Are So Complex
Beyond the issue of bias, motorcycle accident claims are inherently more complex than typical car crash cases for several reasons:
1. The Severity of Injuries
Without the protection of a steel frame, airbags, and seatbelts, motorcyclists are incredibly vulnerable. Accidents often result in catastrophic injuries that can change a person’s life forever. These can include:
•Traumatic Brain Injuries (TBI): Even with a helmet, the force of impact can cause severe and lasting brain damage.
•Spinal Cord Injuries: These can lead to partial or complete paralysis, requiring a lifetime of medical care.
•Road Rash and Burn Injuries: Severe abrasions can lead to permanent scarring, disfigurement, and dangerous infections.
•Broken Bones and Fractures: Multiple fractures are common and may require surgery and extensive rehabilitation.
•Amputations: The loss of a limb is a devastating injury with profound physical and emotional consequences.
Valuing these types of injuries is not simple. It requires a deep understanding of the long-term medical needs, the impact on your ability to work, and the immense pain and suffering you’ve endured. Our attorneys work with a network of medical and financial experts to ensure every single aspect of your loss is accounted for.
2. Proving Fault
Insurance companies will fight hard to prove you were at fault. They might try to argue that you were in the driver’s blind spot or that you made a sudden maneuver. A skilled lawyer will launch an immediate and thorough investigation to prove the other driver’s negligence. We will gather crucial evidence, such as:
- Police and accident reports
- Photos and videos from the scene
- Witness statements
- Traffic camera and surveillance footage
- Expert accident reconstruction analysis
This evidence is critical to building a case that the insurance company can’t ignore.
You Can Afford a Top-Tier Lawyer
One of the biggest myths that prevents people from seeking legal help is the fear of cost. At Fitzpatrick, Skemp & Butler, we handle all personal injury cases on a contingency fee basis. This is our promise to you: you will not pay a single penny in attorney’s fees unless we successfully recover compensation for you. This arrangement allows you to have a powerful legal team on your side without any upfront financial risk, so you can focus on what truly matters—healing.
Frequently Asked Questions (Q&A)
Q: What if I wasn’t wearing a helmet? Can I still file a claim in Wisconsin?
A: Yes. Wisconsin law only requires helmets for riders and passengers under the age of 18 or those with an instructional permit. While we always recommend wearing a helmet for safety, not wearing one as an adult does not prevent you from filing a claim. The insurance company may try to argue it contributed to your injuries, but an experienced attorney can fight back against these claims.
Q: The other driver’s insurance company offered me a settlement. Should I take it?
A: You should never accept an initial settlement offer without speaking to an attorney. These first offers are almost always far less than what your claim is actually worth. The insurer is hoping you’ll take the quick cash before you realize the full extent of your medical bills, lost wages, and long-term needs. Once you accept, you lose the right to seek any further compensation.
Q: How long do I have to file a motorcycle accident lawsuit in Wisconsin?
A: In Wisconsin, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. While that may seem like a long time, it’s crucial to act quickly. Evidence can disappear, witnesses’ memories can fade, and critical deadlines can be missed. Contacting an attorney as soon as possible is the best way to protect your rights.
Let Us Handle the Fight While You Focus on Recovery
After a motorcycle accident, you need a team of dedicated, compassionate, and aggressive attorneys who will stand up for you. The legal system can be intimidating, but you don’t have to face it alone. The attorneys at Fitzpatrick, Skemp & Butler have a proven track record of success in helping motorcycle accident victims across Wisconsin get the justice and financial security they need to rebuild their lives.
We invite you to explore our firm’s homepage to learn more about our commitment to our clients. When you’re ready, please contact us for a free, confidential consultation. There is no obligation, and we are here to answer your questions and provide the guidance you need. Call us today at 608-784-4370—let us be your shield and your sword in this fight.