Wisconsin motorcycle accident claims involve countless laws dictating everything from how long you have to file a lawsuit to what happens if you share responsibility for a collision. Not knowing these laws or misinterpreting them can have drastic consequences, which is why you need a Milwaukee motorcycle accident lawyer. Your attorney can explain the relevant laws in your case, but here are a few you should know.
Comparative Negligence in Wisconsin Motorcycle Accidents
Wisconsin’s comparative negligence rule determines what happens if you seek compensation after a motorcycle accident and bear some of the blame for the crash. Under this law, you can recover compensation if you are not more than 50 percent at fault for the collision. If you share responsibility, your recovery is reduced by your percentage of fault. For example, if you are 20 percent liable for the accident, you would lose 20 percent of your compensation.
This rule gives insurers a reason to argue that riders contributed to an accident. Because of this, strong evidence—such as police reports, witness statements, and photos—often makes a huge difference in these cases. The less fault assigned to you, the larger the percentage of your claim for medical costs, lost income, and other losses can be.
Statute of Limitations for Motorcycle Injury Claims
Wisconsin law sets strict time limits for filing motorcycle accident cases. In most circumstances, you have three years from the crash date to file a personal injury claim.
There are some exceptions to this rule, though. For example, families bringing a wrongful death case related to a vehicle accident must act within two years. Similarly, there are much shorter deadlines in cases involving government vehicles or agencies. Missing these deadlines usually means the court won’t hear your case, no matter how strong it is.
Helmet and Protective Gear Laws
Wisconsin’s motorcycle helmet and protective gear laws can affect your case if you don’t follow the rules. In our state, the law requires all passengers and riders who are under the age of 18 to wear a motorcycle helmet. If you weren’t wearing a helmet when the crash happened and the law requires you to wear one, an insurer might argue that you made your injuries worse. Therefore, the company might say, it shouldn’t pay you as much compensation for your injuries. An experienced attorney can push back against these tactics and show who’s responsible for your injuries.
Motorcycle Operation and Passenger Rules
Similar to the way helmet and protective gear laws can affect your claim, not following Wisconsin’s motorcycle operation and passenger rules can lead to citations from the police after a collision. These citations can complicate the liability question and make it harder to recover full compensation. Some key motorcycle operation and passenger laws include:
- Motorcycles have the right to use a full traffic lane, and two riders may share a single lane only if both riders agree.
- A passenger must sit properly with their feet on designated footrests, and no one may ride in front of the operator.
- A two-wheeled motorcycle can carry only two people unless it has a sidecar with an extra seat.
- Motorcycles must operate with headlamps on whenever in motion, except when undergoing repairs or testing.
Compensation Available After a Motorcycle Crash
In Wisconsin, you may seek compensation for many of the physical, emotional, and financial effects of a motorcycle accident. Your claim can include compensation for:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Damaged personal property
Contact Our Milwaukee Motorcycle Accident Attorneys for Help
The Milwaukee motorcycle accident attorneys at Warshafsky Law Firm know Wisconsin’s motorcycle laws inside out and can guide you through the legal process. We aren’t afraid of the insurance companies and will push back against any attempts to infringe on your rights or deny you fair compensation. Call now or complete our contact form for a free consultation.
