Motorcycle accidents involving cars are unfortunately common on Wisconsin roads, and the vast majority are caused by the car driver’s negligence rather than the motorcyclist’s actions. If you’re a motorcycle rider or have been injured in a motorcycle accident, understanding why these crashes happen so frequently can help you stay safer and also understand your legal rights if you’re ever involved in a collision.
The “I Didn’t See the Motorcycle” Problem
The most common excuse given by car drivers after hitting a motorcycle is “I didn’t see them.” While this might sound like an honest mistake, it’s actually evidence of negligence. Drivers have a legal duty to maintain a proper lookout for all vehicles on the road, including motorcycles.
Several factors contribute to this visibility problem:
Size Differential: Motorcycles are obviously much smaller than cars, making them less noticeable in a driver’s peripheral vision. However, this doesn’t excuse drivers from their duty to look carefully before changing lanes or turning.
Inattention Blindness: This psychological phenomenon occurs when drivers are so focused on looking for cars that they literally don’t “see” motorcycles, even when looking directly at them.
Poor Scanning Habits: Many drivers develop lazy scanning habits, quickly glancing rather than thoroughly checking for all types of vehicles.
Common Scenarios Where Cars Hit Motorcycles
Understanding the most common accident scenarios can help explain why these crashes happen:
Left-Turn Accidents: The most common type of motorcycle accident occurs when a car driver turns left in front of an oncoming motorcycle. The driver either doesn’t see the motorcycle or misjudges its speed and distance.
Lane Change Accidents: Car drivers who don’t check their blind spots properly may change lanes directly into a motorcycle’s path.
Intersection Accidents: Drivers who run red lights or stop signs often collide with motorcycles that have the right-of-way.
Following Too Closely: Some drivers tailgate motorcycles, not realizing that motorcycles can stop much more quickly than cars.
Why Drivers Don’t Look for Motorcycles
Several factors explain why car drivers often fail to notice motorcycles:
Lack of Awareness: Many drivers simply aren’t thinking about motorcycles when they’re driving, especially during times of year when motorcycle traffic is lighter.
Distracted Driving: Drivers who are texting, talking on phones, eating, or otherwise distracted are much less likely to notice motorcycles.
Rushed Driving: Drivers in a hurry may take shortcuts in their visual scanning, missing motorcycles in the process.
Prejudice Against Motorcyclists: Some drivers have negative attitudes toward motorcyclists and may be less careful around them.
The Legal Implications
When a car driver hits a motorcycle, the legal analysis often focuses on whether the driver fulfilled their duty to maintain a proper lookout. In Wisconsin, drivers are required to:
•Check blind spots before changing lanes
•Yield the right-of-way to oncoming traffic when turning left
•Maintain a safe following distance
•Come to a complete stop at stop signs and red lights
•Drive at speeds appropriate for conditions
Failure to do any of these things can constitute negligence, making the driver liable for the motorcyclist’s injuries.
Why “I Didn’t See Them” Isn’t a Defense
While car drivers often claim they didn’t see the motorcycle, this excuse actually supports the motorcyclist’s case rather than defending against it. The law requires drivers to see what they should see through the exercise of reasonable care. Saying “I didn’t see them” is essentially admitting that they failed to look properly.
The Bias Against Motorcyclists
Unfortunately, motorcyclists often face unfair bias after accidents. Insurance companies and even some police officers may automatically assume the motorcyclist was speeding or riding recklessly, even when the evidence clearly shows the car driver was at fault.
This bias can affect:
•How police reports are written
•How insurance companies investigate claims
•How juries view the case if it goes to trial
Fighting Back Against Unfair Treatment
If you’ve been hit by a car while riding your motorcycle, it’s crucial to have an experienced attorney who understands these dynamics. At Fitzpatrick, Skemp & Butler, LLC, we know how to counter the bias against motorcyclists and focus the case on the car driver’s negligence.
We’ll thoroughly investigate your accident, gather evidence proving the car driver’s fault, and fight to ensure you receive fair compensation for your injuries.
Protecting Yourself on Wisconsin Roads
While you can’t control other drivers’ behavior, you can take steps to make yourself more visible:
•Wear bright, reflective clothing
•Use your headlight during the day
•Position yourself in the lane where you’re most visible
•Avoid riding in other vehicles’ blind spots
If you’ve been injured in a motorcycle accident caused by a negligent car driver, contact Fitzpatrick, Skemp & Butler, LLC for a free consultation. We’ll fight to hold the responsible driver accountable and get you the compensation you deserve.