Riding a motorcycle through the Wisconsin countryside or along the busy I-94 corridor is a great way to enjoy the outdoors. However, the lack of protection compared to a car means accidents often lead to serious injuries. If you are hurt in a crash, knowing what to do next helps you protect your health and your legal rights.
Wisconsin Motorcycle Accident Statistics
Data from the Wisconsin Department of Transportation shows that motorcycle crashes happen frequently. In a single recent year, our state had 1,949 motorcycle accidents. These crashes caused 1,603 injuries, and 100 people lost their lives.
The National Highway Traffic Safety Administration reports that riders are 28 times more likely to die in a traffic accident than people in cars for every mile they travel. Many of these crashes occur because other drivers do not see motorcycles. This is especially common at intersections when a car or truck makes a left-hand turn in front of a rider. Other causes include distracted driving, speeding, and drivers who follow motorcycles too closely.
First Steps to Take After the Crash
The moments right after an accident are full of stress and physical pain. Following a specific set of steps will help you stay organized and keep your claim strong.
Get to Safety and Call the Police
If you can move without causing more injury, get yourself off the road and away from traffic. Once you are safe, call 911 immediately. Whether you call emergency services or a non-emergency number, getting an officer to the scene is a big help. They will create a police report that documents what happened. This report is used later by insurance companies or in a trial to prove facts.
In Milwaukee, you can reach dispatch at 414-226-7000. In Racine, the number is 262-886-2300, and in Waukesha, it is 262-548-7122. Having a formal record of the crash makes it much harder for the other driver to change their story later.
Seek Medical Help Immediately
You must see a doctor even if you think your injuries are minor. Adrenaline can hide pain, and internal trauma might not show up for hours or days. Common injuries from bike accidents include:
- Road rash and skin burns
- Broken bones and fractures
- Limb amputation
- Brain trauma and concussions
- Spinal cord injuries or paralysis
Going to the doctor creates a medical record of your injuries. You should attend every follow-up appointment and do exactly what your doctor suggests for physical therapy. If you skip appointments, the insurance company might claim you were not actually hurt.
Investigating the Scene and Gathering Evidence
Many people assume motorcyclists are reckless drivers. This bias can make it hard for riders to get fair treatment. You need solid evidence to show you were not at fault.
Documenting the Scene
If you are physically able, take photos of the vehicles, the road conditions, and any traffic signs. Get the names and phone numbers of anyone who saw the crash. These eyewitness accounts are very helpful because they provide an outside view of what happened.
Using Professional Help
Using a professional investigator can help find traffic camera footage or data from a vehicle’s computer. These details prove who was actually responsible under accident liability laws. Collecting this information quickly is important because witnesses forget details and camera footage is often erased after a few days.
Understanding Wisconsin Fault and Negligence Laws
Wisconsin uses a fault-based system for accidents. This means the person who caused the crash is responsible for paying for the damage. This includes medical bills, lost wages from missing work, and the cost of repairing or replacing your bike. It also covers damages like physical pain, emotional distress, and loss of enjoyment of life.
How Comparative Negligence Works
Wisconsin follows a rule called modified comparative negligence. This means the court looks at the percentage of fault for everyone involved. If you are found to be 10 percent at fault for the crash, your total money settlement will be reduced by 10 percent. If you are more than 50 percent at fault, you cannot get any money from the other driver. Understanding this rule is important when you are trying to get a fair payout.
The Deadline to File a Claim
You do not have forever to take legal action. Wisconsin has a three-year statute of limitations for most personal injury cases. This deadline is set by state law, and missing it usually means you lose your right to ask for money. If the accident resulted in a death, the family has three years to file a wrongful death claim.
Dealing with Insurance Companies
Insurance adjusters often call very soon after an accident. They might ask for a recorded statement or offer you a quick settlement. It is best to avoid giving statements without a lawyer present. Adjusters work for the insurance company and their goal is to pay out as little as possible.
You should also keep a detailed record of how the injury affects your daily life. This can include a journal about your pain levels, your ability to sleep, and any activities you can no longer do. Law firms that are willing to go to trial often get higher settlement offers. When insurance companies know a firm will fight in court, they are more likely to offer a fair amount to settle the case early.
Fitzpatrick, Skemp & Butler help people who are going through the aftermath of a motorcycle crash. If you or someone you love was injured, call 608-784-4370 to talk about your case. We can handle the phone calls with insurance companies and build a strong case while you focus on healing.