Per mile traveled, motorcyclists are almost 27 times more likely than passenger car occupants to die in a crash and almost 5 times more likely to be injured, according to NHTSA.
Our Milwaukee office handles motorcycle accident claims under Wisconsin law, which lets you recover from the driver who caused the crash. We work on a contingency fee, so you pay no attorney fee unless we recover money for you.
Wisconsin Motorcycle Laws That Affect Your Claim
Helmet Requirements
Wisconsin requires a helmet that meets federal standards, with the chin strap fastened, for riders under 18 and anyone riding on an instructional permit (Wis. Stat. 347.485(1)(a)). A rider also may not carry a passenger under 18 unless the passenger is wearing a helmet (Wis. Stat. 347.485(1)(am)). Adult riders with a regular license are not required by this statute to wear a helmet.
Eye Protection
Motorcycle operators on Wisconsin highways must wear eye protection, such as a face shield, glasses or goggles, unless the motorcycle has a windshield that rises at least 15 inches above the handlebar (Wis. Stat. 347.485(2)).
Deadlines, Fault and Insurance for Wisconsin Riders
How Long You Have to File
In Wisconsin, most personal injury lawsuits must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). If a crash takes someone’s life, the family’s wrongful death claim must be filed within 2 years (Wis. Stat. 893.54(2m)).
When the Insurer Blames the Rider
Under Wisconsin’s comparative negligence rule, you can still recover if your share of fault is not greater than the share of the person you are claiming against, but your compensation is reduced by your percentage of fault (Wis. Stat. 895.045(1)).
Insurance That May Cover You
Wisconsin’s minimum liability limits are $25,000 for injury to one person, $50,000 for injuries to two or more people, and $10,000 for property damage in one accident (Wis. Stat. 344.01(2)(d)). Uninsured motorist coverage on your own policy can apply when the other driver has no insurance, and underinsured motorist coverage, if you bought it, can add protection when the other driver’s liability limits are lower than your underinsured limits, according to the Office of the Commissioner of Insurance.
If a city or county vehicle hit you, stricter rules apply. If a city, county or other local government vehicle or employee was involved, written notice of the claim generally must be served within 120 days (Wis. Stat. 893.80(1d)(a)).
How Motorcycle Crashes Happen
Left Turns Across a Rider’s Path
A driver turning left at an intersection must yield to vehicles approaching from the opposite direction (Wis. Stat. 346.18(2)).
Unsafe Lane Changes
Wisconsin law bars a driver from leaving a lane without first making sure the move can be made safely (Wis. Stat. 346.13(1)).
Opened Car Doors
Wisconsin law bars opening a vehicle door on a highway without first making sure it will not interfere with traffic or endanger anyone (Wis. Stat. 346.94(20)(a)).
Distracted Drivers
Wisconsin bars drivers, with limited exceptions, from composing or sending a text or email message while driving (Wis. Stat. 346.89(3)(a)).
Following Too Closely
Wisconsin law bars following another vehicle more closely than is reasonable and prudent, given the speed, traffic and road conditions (Wis. Stat. 346.14(1)).
Các mối nguy hiểm trên đường
NHTSA advises riders to know how to handle hazards such as slick roads, potholes and road debris. If the road surface played a part, photograph it before it is repaired or cleared.
Injuries and Compensation After a Motorcycle Crash
Read more about brain injury claims and spinal cord injury claims.
When we build a motorcycle claim, we document:
- Emergency care, surgery, skin grafts and physical therapy
- Future medical care
- Income lost while you recover and any lasting effect on your work
- Pain, scarring and the loss of riding and other activities
- Damage to your motorcycle, helmet and riding gear
Punitive damages, which punish rather than compensate, may be available when the defendant acted maliciously or in intentional disregard of your rights (Wis. Stat. 895.043(3)). They are generally limited to twice the compensatory damages or $200,000, whichever is greater, but that limit does not apply to a driver who was too intoxicated to drive safely (Wis. Stat. 895.043(6)).
If a rider is killed, Wisconsin limits some wrongful death damages. Damages for loss of society and companionship are capped at $350,000 when the person who died was an adult and $500,000 when the person was a minor (Wis. Stat. 895.04(4)).
What to Do After a Motorcycle Accident in Milwaukee
- Call 911 and get checked by a medical professional, even if you can walk away
- Keep your helmet and gear as they are, without repairing or throwing them away
- Photograph the scene, the vehicles, the road surface and your injuries
- Get the driver’s name, insurance and plate number
- Collect contact information from witnesses
- Do not say the crash was your fault or guess about your speed
- Keep repair estimates, medical bills and pay stubs
- Call 844-SEE-MIKE before talking with the other driver’s insurer
How 844-SEE-MIKE Helps After a Milwaukee Motorcycle Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Các câu hỏi thường gặp
What if the driver says they never saw me?
According to NHTSA, the majority of multi-vehicle motorcycle crashes are generally caused when other drivers simply did not see the motorcyclist.
Can my damaged motorcycle and gear be part of the claim?
Yes. Wisconsin’s minimum liability coverage includes $10,000 for damage to other people’s property in one accident (Wis. Stat. 344.01(2)(d)). Keep receipts for your helmet, jacket and other gear, and photograph the damage before anything is repaired.
Should I talk to the other driver’s insurance company?
Keep any conversation short and factual. It is reasonable to tell them you will follow up after you get advice.
Learn about car accident claims or return to our Milwaukee personal injury overview.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
