Many Wisconsinians enjoy the freedom and joy of riding their motorcycles in Milwaukee and other parts of the lovely Badger State. However, a pleasant ride on your bike can sometimes become a nightmare if another driver hits you. Suddenly, you are overwhelmed with pain and severe injuries and unable to pay your bills. Knowing where to turn and how to move forward can be challenging. Fortunately, state law allows you to file a personal injury claim against the at-fault party. If the case is successful, you could receive just compensation for your medical bills and other losses.
If you were injured in a motorcycle accident through no fault of your own, a Gingras, Thomsen & Wachs Milwaukee personal injury attorney can assist you. Our experienced legal team has 35 years of experience handling car accidents, truck accidents, and motorcycle accidents. We are devoted to obtaining the most compensation for motorcycle accident victims in Milwaukee. Speak to our Milwaukee motorcycle accident lawyers today at (414) 928-7756.
What Causes Milwaukee Motorcycle Accidents?
Riding a motorcycle can be exhilarating, but riders are more exposed to road hazards. Some of the common causes of motorcycle accidents in Milwaukee are:
- Left turns: Most drivers are looking for other cars on the road and may not see motorcyclists. Left-turn accidents happen when a vehicle turns directly before the motorcyclist, often resulting in a severe or deadly collision. Reduce the chances of left-turn collisions by always using your headlamp and wearing bright-colored clothing.
- Roadway conditions: Sometimes, the road itself or the surrounding environment can contribute to motorcycle accidents, such as hidden driveways, poorly lit roads, hazardous bridge joints, insufficient shoulders, and poorly marked curves.
- Distracted drivers: Other drivers may not always be paying attention on the road. Texting and driving, eating, drinking, and conversations with vehicle passengers are distractions that may cause the driver not to see a motorcycle.
Common motorcycle accident injuries in these types of accidents include broken bones, head and neck injuries, road rash, internal injuries, and burns.
Milwaukee, WI Motorcycle Accident Laws and Regulations
Like every state, Wisconsin has laws and regulations pertaining to motor vehicle accidents, including motorcycle crashes.
One of the important car and motorcycle accident laws to know in Wisconsin is that it is a fault state. This means the at-fault driver is held liable for the accident victim’s medical costs, lost earnings, and pain and suffering. This differs from no-fault states, where your personal auto insurance policy pays for your injuries, regardless of fault.
Next, you only have a limited time to file a personal injury claim after a motorcycle accident with injuries. The Wisconsin statute of limitations law provides three years from the accident date to file a claim. So, it is best to have your claim reviewed by a Milwaukee motorcycle accident lawyer immediately. The longer the attorney has to prepare the case, the better.
Wisconsin also has an essential comparative negligence law if multiple parties were at fault for the accident. Your potential compensation could be less if you were partially at fault. Many motorcycle accident victims have serious injuries, so obtaining the most money is critical for your future. Your Milwaukee motorcycle accident lawyer understands this and will minimize your share of the blame if fault is shared.
What To Do After a Motorcycle Accident
The actions you take after a motorcycle accident are critical to ensuring your well-being, as well as for making a successful personal injury claim:
- Check if anyone is injured and call 911 immediately. Most motorcyclists have injuries after an accident, so make sure you get medical attention. Delaying medical care could risk your health and complicate a subsequent claim or lawsuit.
- Collect necessary accident evidence, such as names and contact information for everyone involved. If there were eyewitnesses to the motorcycle accident, get their statements and contact details.
- Take photos and video of the accident scene, injuries, and vehicle damages.
- Speak to motorcycle accident lawyers at Gingras, Thomsen & Wachs immediately to find out if you have a motorcycle accident case.
If you decide to hire a motorcycle accident attorney, there are several steps you can take to improve your claim and potential compensation:
- Get immediate medical attention after the motorcycle crash. You may have severe injuries that you don’t know about for several hours or days. For example, you may have struck your head without being aware of it, and there could be bruising or bleeding. Furthermore, not getting medical attention quickly will complicate any claim you make later.
- Follow your doctor’s treatment plan. After a motorcycle crash, the victim usually has injuries requiring multiple treatments. Always attend your follow-up doctor and specialist appointments. If the insurance company sees you are not following the treatment plan, it could lead to less compensation.
- Keep all copies of your medical bills and other accident-related paperwork, such as lost wage statements, police reports, and any photos and videos you took of the accident scene. Turn these materials over to your attorney right away.
Financial Compensation Available in Motorcycle Accident Cases
Wisconsin law allows for three types of damages in motorcycle accident claims:
- Economic damages: These are also called specific damages and include medical expenses, property damage, lost earnings, and rental car costs. Be sure to give the Milwaukee motorcycle accident attorney all your motorcycle crash-related bills and receipts.
- Non-economic damages: The motorcycle accident in Milwaukee may also involve compensation for physical pain, emotional trauma, loss of enjoyment of life, and long-term disability.
- Punitive damages; These damages may be appropriate if the at-fault party was highly reckless. Punitive damages punish the negligent party for their actions.
Why Hire an Experienced Motorcycle Accident Lawyer?
Motorcycle accidents are some of the severest accidents on Wisconsin roads. They frequently cause massive injuries, long-term disability, and even death. If you are hurt in a motorcycle accident caused by no fault of your own, you need a Milwaukee motorcycle accident lawyer fighting for your rights today. Your motorcycle accident attorney will help you in the following ways:
Understand The Legal Process
Having a skilled motorcycle accident lawyer in your corner is essential for protecting your rights and obtaining fair compensation. A Milwaukee motorcycle accident lawyer understands the legal complexities related to these severe accidents. Your lawyer will have extensive motorcycle accident case experience and offer invaluable legal advice. They also understand insurance companies and how to negotiate effectively with them.
Handle The Insurance Claim
Navigating the auto insurance claim after your motorcycle accident can be daunting if you don’t know the law. Your attorney will be invaluable during insurance negotiations and will ensure you receive just compensation for your medical bills, lost earnings, and pain and suffering. Your attorney also has access to expert witnesses, such as accident reconstruction professionals, engineers, and doctors, who will bolster your case if needed. Your personal injury attorney will also handle all insurance company communications so you can focus on your recovery.
Maximize Motorcycle Accident Compensation
Hiring an experienced attorney can make a huge difference in your compensation during a motorcycle accident claim. Your attorney knows how to increase the damage award you receive and will negotiate for the most possible from the insurance company. Insurance adjusters intend to pay you as little as possible and may try tactics to reduce their liability. An experienced motorcycle accident lawyer knows their tactics and will tirelessly negotiate for the most money for your medical expenses, lost earnings, and pain and suffering. Most motorcycle accident cases result in an insurance settlement. Doing so gives you the money you need faster and without the risk of a court case.
Reduce Motorcycle Bias
There is a common perception that all motorcyclists engage in risky behavior more than other drivers. This is unfair and usually untrue, but it must be dealt with in many motorcycle accident cases. Motorcycle bias could result in a presumption of liability, a lower settlement offer, or a reduced damage award. The personal injury attorney you hire knows this potential bias and will rely on the accident evidence and your medical reports to prove liability and your losses.
Take The Motorcycle Accident Case to Court
An experienced motorcycle accident attorney has the legal chops to present your case to a jury if needed. The insurance company may not offer fair settlements for motorcycle accidents, so filing a lawsuit may be the best route. Your lawyer will discuss the advantages and disadvantages of going to trial with you. Some severe injury cases may need to go to a jury because the insurance company won’t offer a fair settlement.
Determine Motorcycle Accident Liability
Receiving fair compensation in a motorcycle accident claim hinges on proving liability. An experienced motorcycle accident attorney will use their vast legal knowledge to prove who caused the accident so you can receive compensation. They will review police accident reports, eyewitness testimony, vehicle damages, and other evidence to demonstrate liability. Wisconsin has a comparative negligence standard for motor vehicle accidents, which means your financial recovery can be reduced if you were partially at fault. The Milwaukee motorcycle accident lawyer will carefully review the accident evidence and lay the blame on the responsible party.
Use Expert Witnesses
A significant benefit of hiring a Milwaukee motorcycle accident lawyer is their expert witnesses that offer valuable evidence and testimony to support your claim. This is even more critical if the motorcycle accident case is complex and requires extensive proof for the jury to understand it. Valuable expert witnesses in your claim may include medical professionals to speak to your injuries, accident reconstruction professionals to prove how the crash happened, etc.
The Milwaukee motorcycle accident lawyer will know which experts should be used for your case and how to use them. The expert witnesses may be used to speak to the insurance company to prove liability. They also can be called to court to testify if your case goes before a jury.
How to File a Motorcycle Accident Claim
After a motorcycle accident, you must report the accident to your insurance company. If another driver caused the accident, you should file the claim with their insurance. Wisconsin is a fault state for motor vehicle accidents, so the at-fault driver is responsible for paying for your injuries and damages.
Most motorcycle accidents involve serious injuries, so hiring a personal injury attorney to represent you is usually best. Once you retain a lawyer, they will take over the motorcycle accident claim and negotiate with the insurance company. You should speak to the other party’s insurance company as little as possible; their insurance adjuster will attempt to use anything you say to reduce your claim.
Contact Gingras, Thomsen & Wachs Motorcycle Accident Attorneys Today
A motorcycle accident may leave you with severe injuries and unable to work. You might not know where to turn, but if another party injures you, there are legal options to consider. Speak to a motorcycle accident attorney at Gingras, Thomsen & Wachs today for a complimentary legal consultation. We focus on motorcycle accident cases and will fight tirelessly for the most compensation for your injuries and other damages. Our law firm has a proven track record of favorable settlements and jury awards, so contact us today.