Milwaukee motorcycle accident attorney - 2026 updated stats | Warshafsky Law Firm Milwaukee, Wisconsin

Best Milwaukee Lawyers for Motorcycle Crashes

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Article Reviewed on 4/7/26

Krista G. LaFave

Personal Injury Attorney

Motorcycle accidents affect thousands of individuals and families annually. In 2022, there were 88,905 motorcycle crashes reported. Out of the crashes, 6,218 resulted in the death of the motorcyclist. According to a study by the National Highway Traffic Safety Administration, Wisconsin is ranked as the 6th most dangerous state for motorcyclists. The study found 15% of Wisconsin’s fatal crashes involved motorcycles.

If you or a loved one has been in a motorcycle accident, contact our skilled motorcycle crash attorneys at Warshafsky Law. We have a certified accident investigator and medical doctor who doubles as an attorney to provide you with the best representation. Reach our Milwaukee-based legal team today and call (414) 276-4970.

Steps to Take After a Motorcycle Accident

Get out of traffic
Stay at the scene but move out of the way of oncoming traffic.
Call 911 Render reasonable assistance to anyone injured in the accident, including calling 911 to get an ambulance on the scene.
Exchange information Provide your name, address, phone number, insurance information and vehicle registration to the other driver and passengers involved.
Seek medical attention Once you’re permitted to leave, go straight to a hospital.
Report the accident Within 24 hours, file a report with the police or DMV and the liable party’s insurance company.
Don’t talk to anyone and document everything Anything you say can be used against you when filing a claim. Save the police report, pictures, bills and more. View our motorcycle crash checklist to see what evidence helps win your case.
Contact a motorcycle accident attorney Before speaking to an insurance agent, speak with a lawyer about your case. Warshafsky can help you understand your rights and help you obtain the most compensation.

Per Wisconsin Statute § 346.70(1), any crash within the State of Wisconsin must be reported when it results in (1) Injury of a person (2) $1,000 or more damage to any person’s vehicle or property or (3) Damage of $200 or more to state or other government-owned property other than a vehicle.

Important Phone Numbers & Addresses for Motorcycle Accidents

Immediately get the medical attention you require, particularly for serious injuries. Avoid discussing the accident with anyone other than your healthcare provider and attorney.

911

Urgent Care or Primary Physician

Warshafsky Law

(414) 276-4970

Important Phone Numbers & Addresses for Motorcycle Accidents

Immediately get the medical attention you require, particularly for serious injuries. Avoid discussing the accident with anyone other than your healthcare provider and attorney.

Biker Down

Founded in 2011, BikerDown is a non-profit founded organization dedicated to supporting motorcycle accident victims. The organization offers emotional support to the families of injured or deceased riders, provides medical equipment and offers financial advice to help victims manage creditors while they recover.

Milwaukee County Small Claims Court

For minor accidents with limited damages.

Milwaukee County Clerk of Circuit Court

For serious personal injury cases involving significant damages.

Practice Areas

Why? Money. (60 sec)

Frank Crivello | 60 sec

Read Transcript

Hi, I’m Frank Crivello from Warshafsky Law. Our firm authored the trial handbook for all Wisconsin lawyers. Many times, the parties responsible for pain and suffering misrepresent the facts or hide the truth to avoid responsibility. Why? Money. Many times, truly injured clients have their character assaulted or integrity challenged. Why? Money. If you’ve been injured it IS about the money. The greatest joy my work-life brings is vindicating injured Wisconsinites after they have been told their injury is their own fault and to take a minimal settlement or to just go away. It is ALL about the money. I vindicate the injured by winning the largest judgments possible. No Wisconsin law firm has won a larger civil judgment than Warshafsky. In that light, no matter how bad the situation is now, I look forward to making you and your family whole. And helping you realize the best future possible.

Filing for a Lawsuit: WI’s Statute of Limitations

In Wisconsin, you have 3 years from the date of your accident or discovery of your injury to file a personal injury claim. If the accident was fatal, you have 2 years to file a wrongful death lawsuit. Let the deadline pass without filing a claim and you will be barred from doing so. Even if you think you’re on track to get a fair settlement from the insurance company you’re dealing with, you should consult an attorney sooner rather than later.

Insurance companies are notorious for dragging their feet on settling claims, often to delay your claim past the statute of limitations. They’ll try every trick in the book to minimize your claim or deny it altogether. Warshafsky Law knows exactly how they work because we have attorneys on staff who used to work for insurance companies.

Evidence Your Warshafsky Attorney Will Utilize

If you find yourself in a motorcycle accident, if possible, it is important to document everything from photos and collecting contact information to detailed accounts of medical information and financial impacts. If you are unable to provide us with evidence, we collect it for you. Our checklist guarantees our attorneys will be well-prepared to fight for you!

As Soon as Possible After the Crash:

Take photos of:

All vehicles involved, showing damage from multiple angles
The accident scene, including road conditions, traffic signs, and skid marks
Your injuries, both immediately after the accident and during recovery
Your damaged gear (helmet, jacket, gloves, etc.)

Collect contact information from:

Other drivers involved
Eyewitnesses
Responding police officers (including badge numbers)

Keep a detailed accident journal:

Date, time, and location of the accident
Weather and road conditions
Your recollection of the events leading up to, during, and after the crash

While Recovering After the Crash:

Record medical information:

Keep a log of all medical visits, treatments, and medications
Document any pain, discomfort, or limitations in daily activities
Save all medical bills, receipts, and insurance correspondence

Track financial impacts:

Record lost wages and work time due to injuries
Keep receipts for any out-of-pocket expenses related to the accident
Document costs for alternative transportation if your motorcycle is unusable

What to Expect From Your Insurance Company After a Motorcycle Crash?

Insurance companies look out for themselves, not you. They frequently rely on data-driven formulas to determine settlement amounts, which do not reflect the personal nature of your injuries or the specific challenges you’ve faced. This impersonal approach fails to account for the unique experiences of pain and suffering you endured, which is why Warshafsky advocates for you.

Common Tactics Insurance Companies Use

Insurance companies often employ a range of tactics to minimize their financial liability and reduce payouts in claims. Understanding common strategies can help you navigate the claims process and advocate for fair compensation.

Downplaying Injuries:
Insurance companies may downplay the severity of your injuries, proposing they are less serious or insinuating they were pre-existing.
Offering Low Settlements:
They might offer a quick, low settlement to resolve the claim before you fully understand the extent of the damages.
Questioning Liability:
Insurance companies shift blame for the accident onto you, claiming you were partially or entirely at fault to reduce their payout.
Minimizing Damages:
Insurers may dispute the amount of damage to your motorcycle or the costs of medical treatments, believing they are unnecessary or overpriced.
Encouraging Settlements Without Legal Advice:
They might pressure you to settle quickly and without legal representation, hoping to take advantage of your lack of knowledge about your legal rights.

Wisconsin Motorcycle Accident Damages & Compensation

Settlement amounts vary on several factors including earning potential, medical expenses and suffering. It also is determined by the percentage of fault assigned to you in court. For instance, if you were speeding and found to be 30% at fault for the accident, your settlement will be decreased by 30%.

Motorcycle Accident Causing Missed Work

During compensation assessment, lost wages and earning potential are considered. This focuses on missed work days and any future earnings. Salary, job history and injury intensity are taken into consideration when determining lost paychecks. Providing documents such as medical assessments and missed shifts is essential for evidence.

Medical Bills After Your Motorcycle Accident

Evidence of out-of-pocket costs, invoices and bills from medical visits in connection with the motorcycle accident are considered. Clients may receive compensation for past and even future medical expenses according to court decisions. Our experts at Warshafsky research and evaluate medical treatment costs to guarantee you receive fair compensation.

Motorcycle Crash Causing Suffering

Pain and suffering compensation is calculated by multiplying medical bills and lost wages. This compensates for physical, mental and emotional pain caused by the motorcycle accident. In court, it is also considered how long you have endured through the suffering and will pay for any rehabilitation options. We fight for your quality of life.

Warshafsky’s Successful

Motorcycle Crash Settlements

$2,800,000 Settlement

Compensation for Negligent Drivers

$3,700,00 Settlement

Compensation for Mechanical Problems

In Oshkosh, a man’s motorcycle unexpectedly lost stability and ejected him into a tree, paralyzing him from the waist down. Warshafsky’s lawyers gave the jury proof of what caused the accident – when impact was made against a certain spot, wobbling of the motorcycle would become uncontrollable for the rider. Warshafsky won the man $3.7 million.

$2,400,000 Settlement

Compensation for Manufacturer Negligence

Warshafsky fought 5 years to guarantee a fair payout for a man who was paralyzed. We fight tirelessly for our clients to prove cases of manufacturer negligence, amongst others, for motorcycle accidents. Warshafsky won our client $2.4 million in this settlement.

Call Warshafsky at (414) 276-4970 for fair results.

WI Liability is Determined by a Shared Fault Insurance Law

In Wisconsin, there is a shared fault insurance law in determining the liability of motor accidents (Wisconsin Statute § 895.045). This means each party involved in the motorcycle accident will be assigned a percentage of fault according to their contribution to the accident. Determining liability is critical to the success of any motorcycle injury lawsuit. It’s important to have an experienced accident investigator on the scene as quickly as possible. Warshafsky’s certified investigator will collect evidence such as security camera footage to use in your case.

There are 3 things you must show for the court to determine whether the other motorist is liable for your injuries/losses:

The law requires the defendant to be reasonably careful. This is always a given with any motor vehicle accident case.
The defendant’s actions did not conform with the actions of a “reasonable person.” Accident scene evidence and witness statements play a key role here.
To recover any damages, the other driver has to be shown to be at least 50% at fault for the accident.

Common Liability Issues for Milwaukee Motorcycle Accidents

Insurance companies sometimes defend negligence based on a biased point of view toward bikers. Common liability claims insurance companies will defend are:

No negligence The defendant will convince their insurance company they did nothing wrong to cause the accident.
No defect When a plaintiff or defendant claims a defective motorcycle or part caused the accident, the product manufacturer will try to avoid liability by saying there was no defect.
Damage dispute The defendant will attempt to lower the damage payout by claiming they didn’t cause all the plaintiff’s injuries or claim the plaintiff isn’t suffering from injuries.

Warshafsky has worked on several cases to understand how insurance companies work, which is why we prepare with precision. We keep careful track of the evidence to properly analyze legal complications or liability issues.

Warshafsky Fights the Bias Against Motorcycles & Bikers

Many people believe bikers to be reckless riders. Our Warshafsky team believes this to be unfair and not backed. In fact, most motorcycle accidents are caused by careless drivers who:

Don’t look at their surroundings
Fail to see a motorcycle entering or exiting a road
Don’t yield the right of way
Make sudden left turns

With Warshafsky, we guarantee you will receive fair compensation for your motorcycle accident without any biases. Contact us today.

Why Do I Need a Motorcycle Accident Lawyer?

Accidents involving bikers often result in serious injuries or wrongful death. A skilled Milwaukee motorcycle accident attorney will help establish fault and handle negotiations with insurance companies on your behalf. Warshafsky will represent you in court, if necessary, to guarantee you get the best outcome from the motorcycle accident.

Finding the Best Motorcycle Accident Attorney in Milwaukee

It’s important to find the right lawyer to guarantee you get the compensation you deserve for your motorcycle crash. The ideal attorney should have experience in establishing fault, negotiating with insurance companies and providing strong representation in court. They should be well-versed in local laws and have a deep understanding of the unique challenges associated with motorcycle accidents, which is all the reasons why you should choose Warshafsky Law. Warshafsky provides:

50+ years of experience Warshafsky Law has been established since the 1960’s. Our experienced team of 5 attorneys has a combined 100 years of trial experience.
Specialized lawyers We specialize in several personal injuries, including wrongful death, to get you the justice you deserve.
Successful case results Warshafsky has won over 40 cases and millions of dollars for our clients.
Free consultations With free consultations and a no-win-no-fee policy, our lawyers cover all the costs of your lawsuit until you receive the maximum compensation permitted by law.
Local knowledge Our attorneys are Wisconsin-raised and educated with an in-depth understanding of the local intricacies and nuances.
Resources We have an attorney who doubles as a medical doctor and a nationally certified legal investigator who works hard to discover critical details to win your case.

Warshafsky Law has built a reputation for meticulous case preparation and aggressive representation. Our team of experienced attorneys has achieved significant results, such as substantial compensation awards and high-profile settlements, setting precedents in the legal field. Our clients are grateful for our deep knowledge of the law and our commitment to fighting for justice to deliver impressive results. Contact us today for a free case appraisal.

Common Causes of Milwaukee Motorcycle Accidents

Negligent drivers are the main cause of motorcycle crashes in Milwaukee and throughout the nation. If a driver is distracted by their phone, exhausted or under the influence, their eyes may be off the road and their reaction times will be greatly impaired.

Our motorcycle accident lawyers have seen several cases with drivers following motorcycle riders too closely, failing to check their mirrors/blind spots and making turns or changing lanes without a signal. All of these are acts of negligence contributing to motorcycle accident fatalities.

If you were in an accident because of any of the following, you have the right to make a compensation claim:

Speeding : Regardless of the type of vehicle, reckless driving can cause fatalities.
Left turns: A misjudgment of the amount of space a motorcyclist has or confusion about who has the right of way.
Failure to obey traffic signs: Running a red light or stop sign.
Dooring: Opening a car door in the path of a cyclist on a busy street.
Lane splitting: When a motorcycle attempts to bypass slow or stopped traffic by riding between lanes or rows of cars. This is illegal in Wisconsin.

Other common causes of motorcycle accidents include:

Alcohol & Drug Use
Mechanical Problems
Weather & Seasons
Roadway Conditions (e.g. gravel debris, grass clippings, poorly lit roads)

How Cause Affects the Claim

Determining liability in a motorcycle accident caused by road hazards depends on the specific cause of the collision and identifies the responsible party for your injuries and damages. Potentially accountable parties for road hazards include, but are not limited to:

Cities and governmental agencies
Construction companies
Road maintenance contractors

Warshafsky Law has extensive experience holding manufacturers accountable, including one high-profile motorcycle maker forced to re-evaluate their product and make leg guards standard safety equipment.

Common Motorcycle Accident Injuries

Severe injuries are the most common injuries faced in motorcycle accidents. Survivors of motorcycle crashes often live with lifelong disabilities. Common injuries include:

Brain Damage

Paralysis

Physical Scars & Disfigurement

Broken Bones

Internal Organ Damage

Loss of Limb

Road Rash

Nerve Damage

Spinal Cord Trauma

Milwaukee Motorcycle Accident Statistics

In 2023, Wisconsin had over 320,000 registered motorcyclists on the road, ranking as the 6th most populated state with motorcyclists. The small, unprotected build of motorcycles makes motorcyclists more vulnerable to impact with other vehicles, the roads or foreign objects.

Brain Damage

	2018	2019	2020	2021	2022	18-22 Avg
Motor Crashes	1,967	1,806	2,104	2,082	1,921	1,976
Motorcyclists Killed	81	82	112	120	80	95
Motorcyclists Injured	1,693	1,537	1,796	1,738	1,606	1,674
Motorcyclists A-injuries**	536	482	581	629	602	566

32% Increase of Motorcycle Fatalities

Fatalities of motorcyclists have increased 32% since 2013. According to the National Highway Traffic Safety Administration, 6,218 motorcyclists were killed in 2022, showing a significant increase from 4,692 in 2013. Motorcyclists only make up 3% of the on-road population, yet they account for 15% of all traffic fatalities.

Helmet Use Statistics

Wearing a helmet is an important aspect of motorcycle safety, however, several motorcyclists fail to wear them. A survey found only 66.5% of motorcycle riders wore helmets in 2022. Motorcyclists tend to disregard helmet safety in certain road conditions. For example, in light traffic, 35.5% of the surveyed motorcycle riders wear helmets. In heavy traffic, 73.6% wear helmets.

Alcohol-Related Deaths

Alcohol is often involved in motorcyclist injuries and fatalities. In 2021, there were 5,636 motorcyclist deaths. Of those deaths, 1,624 (29%) of the riders were under the influence of alcohol. 43% of motorcycle riders who died in single-vehicle crashes were alcohol-impaired, compared to 20% of those who died in multiple-vehicle crashes. Protect yourself and ride sober.

Invalid Licenses

In a 2022 study conducted by the National Highway Traffic Safety Administration, they found roughly 35% of motorcycle riders without valid motorcycle licenses were involved in fatal crashes. Proper motorcycle training can prevent fatalities.

To receive a valid motorcycle license, you must complete several requirements through Wisconsin’s DOT. You must complete:

Motorcycle Knowledge Test
Vision Screening
Driver Education Course
Basic Rider Course

Motorcyclist Deaths by Time of Day

Other drivers are less likely to see motorcyclists when it is dark out. It is necessary to increase your visibility to other drivers to protect yourself. According to the Insurance Institute for Highway Safety, in 2022, most motorcycle fatalities occurred from 6 p.m. to 9 p.m.

Motorcyclist deaths by time of day, 2022

	Weekend (6 p.m. Friday – 6 a.m. Monday)		Other times		Total
	Number	%	Number	%	Total
Midnight – 3 a.m.	317	10	216	7	533
3 a.m. – 6 a.m.	110	3	121	4	231
6 a.m. – 9 a.m.	81	3	290	9	371
9 a.m. – noon	202	7	311	10	513
Noon – 3 p.m.	405	14	539	16	944
3 p.m. – 6 p.m.	498	17	794	23	1,292
6 p.m. – 9 p.m.	740	26	626	19	1,366
9 p.m. – midnight	499	17	431	13	930
Total*	2,869	100	3,353	100	6,222
*Total includes other and/or unknowns

Motorcycle Fatalities by Month

During summer months, motorcyclist fatalities peak. In 2022, 60% of 6,222 deaths occurred during May through September. With “riding season” taking place in warmer weather, other drivers should take more caution with motorcyclists around.

Motorcyclist deaths by month, 2022

Month	Deaths	%
January	182	3
February	271	4
March	413	7
April	526	8
May	731	12
June	777	12
July	771	12
August	735	12
September	716	12
October	567	9
November	335	5
December	198	3
Total	6,222	100

If you’ve been involved in a motorcycle accident, don’t navigate it alone. Call Warshafsky, Milwaukee’s trusted motorcycle crash attorney.

High	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec
Milwaukee	30°F	33°F	43°F	55°F	65°F	75°F	80°F	78°F	71°F	59°F	46°F	34°F

10 Most Dangerous Intersections for Motorcyclists in Milwaukee

The Milwaukee Police Department has deemed these intersections in Milwaukee the most dangerous for riders. Reckless driving, including speeding and running red lights, contributes to the high crash numbers

1 W Capitol Dr & W Fond Du Lac Ave

43 Crashes

2 N 27th St & W Center St

43 Crashes

3 N 35th St & W Capitol Dr

41 Crashes

4 N 27th St & W Fond Du Lac Ave

40 Crashes

5 N 51st Boulevard & W Capitol Dr

38 Crashes

6 W Center St & W Fond Du Lac Ave

38 Crashes

7 W Burleigh St & Fond Du Lac Ave

37 Crashes

8 N 35th St & W Burleigh St

36 Crashes

9 N 35th St & W Fond Du Lac Ave

36 Crashes

10 N 27th St & N Teutonia Ave

34 Crashes

Riding Safe: Motorcycle Safety Tips

Protective Gear

The Wisconsin Department of Transportation encourages riders to wear protective gear as a preventative measure in the case of an accident. Leather is a go-to material for motorcycle gear due to its durability and abrasion-resistant qualities. The WisDOT recommends:

Full-face helmets
Leather or heavy-duty long-sleeve jackets
Leather or heavy-duty long pants
Over-the-ankle boots
Full-fingered leather gloves
Eye protection (e.g. goggles, glasses)

Safety Courses

Instead of taking a road test at the DMV, you may complete a Basic Motorcycle Rider Course. The course includes an e-course, 5 hours of classroom activities and 10 hours of motorcycle riding exercises to guarantee you understand safely riding a motorcycle.

This course covers:

Acceleration & braking
Shifting
Handgrip pressure & handlebar movement
Traction management
Crossing obstacles
Swerving techniques

Driving Defensively

Driving defensively is important to protect your safety in any vehicle. To drive defensively on a motorcycle means to:

Maintain a safe following distance
Leaving enough space allows for an adequate reaction time in the case of sudden stops, obstacles or emergencies. It also gives you better visibility of the road in front of you.
Constantly scan the road
When you scan the road constantly, you will be able to anticipate and avoid any hazards such as potholes, debris or spills. While scanning, take note of other drivers’ speed, lane changes and signaling.
Strategically position yourself on the road
Riding in the left or right portions of the lane is recommended. This helps you become more visible to drivers and reduces the chance of you in their blind spot.
Be mindful of intersections
Other drivers frequently turn left in front of motorcyclists because they fail to be aware of their surroundings. Guarantee to make eye contact with drivers at the intersection and scan for potential hazards.
Stay up-to-date
Rules and regulations are constantly changing. Consider joining safety classes and skills training to improve your on-road capabilities.

Filing a Wrongful Death Motorcycle Crash Claim for a Deceased Loved One

Wrongful death occurs when someone dies due to another person’s negligence or misconduct. A wrongful death lawsuit seeks compensatory damages from the responsible party. In 2022, the Department of Transportation for Wisconsin reported 80 motorcyclists were killed in accidents. Wrongful death can apply to motorcycle accidents in cases of drunk driving, distracted driving, speeding or defective products.

Who Can File for Wrongful Death?

You are qualified to file for wrongful death if you are one of the following of the deceased:

Children or other dependents
A spouse or registered domestic partner
Parents
Grandparents
Siblings

Comparative Negligence in Wrongful Death Cases

Per Wisconsin Statute § 895.045, jurors compare negligence percentages between parties.

If the deceased is determined to have no responsibility for the incident, you will receive the full amount of compensation dictated by the court for damages.
If the deceased is determined to be less than 50% negligent, the amount of compensation you receive in damages will be reduced by the percentage of which they are found negligent.
If the deceased is determined to be 50% negligent, the compensation you receive in damages will be reduced by 50%.
If the deceased is determined to be more than 50% negligent, you will receive no compensation for damages.

Compensated Damages for Wrongful Death

While no amount of money can ever replace the life of your loved one, Wisconsin’s legal system provides financial compensation as a form of remedy. Financial compensation is separated into two categories: monetary damages and non-monetary damages.

Our Warshafsky attorneys are here to help you identify the appropriate damages for your case. The responsible party should be held accountable for the financial and emotional impacts of their actions.

Statute of Limitations for a Wrongful Death Motorcycle Crash

For deaths caused by a motor vehicle accident, there is a 2-year statute of limitations (Wisconsin Statute § 893.54(2m)).

Monetary Damages

Loss of future income
Funeral & burial costs
Medical expenses
Loss of inheritance

Non-Monetary Damages

Loss of companionship
Shock & emotional turmoil
Pain experienced by the deceased

Experienced Personal Injury Attorney

Warshafsky Law brings 50+ years of dedicated experience to the field of personal injury law, committed to securing justice and fair compensation for our clients. Our team of attorneys understands the complexities of personal injury cases and thoroughly guides you through every step of the legal process with expertise and compassion.

We operate as a no-win, no-fee firm. Warshafsky prioritizes your interests and guarantees you will only pay if we successfully recover compensation on your behalf.

Personal Injury Practice Areas

In addition to motorcycle accidents, we have extensive expertise in personal injury cases including, but not limited to:

Steps to Take Before Contacting a Personal Injury Lawyer

To help facilitate the process of your personal injury case, it is recommended you report the accident, take pictures, receive contact information from the other party and record the name and badge number of the police officer.

Warshafsky’s Well-Rounded Attorneys

We have an attorney who doubles as a medical doctor. They meticulously review medical charts, professional notes, records, diagnoses, disability projections and, when necessary, coroner’s reports. On our team, we also have a nationally certified legal investigator who carefully collects, documents and preserves evidence. Where others might overlook or fail to appreciate, our investigator works hard to uncover crucial details to help you with your case.

Choose Warshafsky as Your Trusted Milwaukee Motorcycle Accident Attorney

Warshafsky Law guarantees you have a dedicated ally in your corner. With a proven track record of success, our experienced attorneys excel in navigating the complexities of motorcycle accident cases, from understanding Wisconsin’s statutes to countering aggressive tactics employed by insurance companies. We are committed to providing personalized, compassionate support while vigorously advocating for your rights. We leverage our extensive knowledge and experience to secure the compensation you deserve and help you move forward with confidence. Trust us to be your advocate every step of the way. Call us at (414) 276-4970.

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FAQ

Milwaukee Motorcycle Accidents Frequently Asked Questions

How long do personal injury negotiations take?

To give you some idea, though, it can take anywhere from weeks to months just for an insurance company to contact you about a settlement. During this time, they’re investigating the accident and determining who was responsible. The insurance company will frequently drag out their investigation in an attempt to make you anxious and more willing to accept whatever settlement they offer. You’re under no obligation to accept the first settlement offer an insurance company makes, and in most cases you’re better off not accepting it.

What is the average payout for a motorcycle accident?

Since all cases have their own unique circumstances, the payouts on settlements and judgments vary significantly. The only research for this is from a Thomson Reuters survey, which showed that between 1999 and 2006 the average motorcycle accident settlement was $73,700. Warshafsky Law has secured settlements and judgments for motorcycle accident injury victims well in excess of that $73,700 figure. Learn more about how we’ve helped injured motorcyclists get the compensation they deserve.

What can I do if my insurance company settlement offer is less than the value of my motorcycle?

It’s unfortunate, but if your bike was totaled in an accident the insurance company is only going to value your bike by the NADA (National Automobile Dealers Association) guide. They will not take into account any aftermarket parts, custom paint, or chroming that you’ve had done to your bike. They’re definitely not going to pay you what it would cost to replace the bike. The only way to ensure you get what your bike is truly worth is if you have gap insurance, which pays the difference of what the motorcycle is worth and what you owe on it, or if you have insured the bike for a certain amount.

Can I file a wrongful death suit for the death of a loved one killed in a motorcycle accident?

If you are the surviving spouse, domestic partner, child, parent, or guardian of the deceased, you have the standing to file a wrongful death lawsuit. Siblings can also file the suit if the deceased leaves no spouse, domestic partner, or children. A wrongful death claim can seek financial compensation for medical expenses incurred by you or your loved one’s estate, funeral and burial costs, the wages and income the deceased would have earned if not for the untimely death, and loss of society and companionship. The personal representative of the deceased can file a “survivorship claim,” which seeks damages for the pain and suffering the deceased endured from the moment of injury until death.

I was a passenger on a motorcycle that crashed. Is the driver liable for my injuries?

As an accident victim, you can file a personal injury claim against the operator of the motorcycle, the driver of the other vehicle, or both. If the motorcycle you were riding on was the only vehicle involved, it will likely be a negligence case. The exception is if some mechanical defect on the motorcycle caused the operator to crash.