The road to recovery after a motorcycle accident is often filled with obstacles that seem insurmountable. The physical and emotional impact, combined with financial strain and questioning from insurance companies, can create immense pressure at the moment when you need the most support.
The Madison personal injury attorneys at Cannon & Dunphy S.C. will stand by your side and fight to protect your rights. With over 39 years of legal experience, our Madison motorcycle accident lawyers know what it takes to recover every dollar you deserve. If you have been in a motorcycle accident we urge you to schedule a free consultation and learn how we can advocate for your rights.
Most Common Driver Mistakes That Lead to Motorcycle Accidents
Motorcyclists are very vulnerable to injury on the road. According to the National Highway Traffic Safety Administration (NHTSA), 2023 saw 6,335 motorcyclists killed across the United States, representing 15% of all traffic fatalities. These collisions are often caused by preventable driver errors, such as:
- Failure to yield the right-of-way at intersections
- Unsafe lane changes without checking blind spots
- Distracted driving, including texting or phone use
- Opening car doors without checking for approaching motorcycles
- Following motorcycles too closely
- Driving under the influence of alcohol or drugs
- Misjudging a motorcycle’s speed or distance
- Failing to signal when turning or changing lanes
- Driver fatigue leading to reduced reaction time
- Aggressive driving and road rage
When a driver makes these mistakes, catastrophic accidents can occur. The size and weight difference between motorcycles and passenger vehicles means even a seemingly minor error can result in life-altering injuries for the motorcyclist. Without the protection of airbags, seatbelts, or a vehicle frame, riders often bear the full impact of these collisions.
Who Is Liable for a Motorcycle Accident?
Wisconsin follows a fault-based system when it comes to motor vehicle accidents, and the same principle applies to collisions that involve motorcycles. Any person who causes a crash is financially responsible for the damages that the victims experience. If you were involved in a Madison motorcycle accident, you have the right to file an insurance claim or lawsuit against whoever was responsible.
Drivers of passenger vehicles are often liable when their errors cause an accident, such as driving while distracted or running a red light. If the driver was operating a commercial vehicle at the time of the crash, their employer may be liable. Under the legal doctrine of respondeat superior, companies can be held responsible for the negligent actions of their employees that are performed within the scope of employment.
Motorcycle or vehicle manufacturers could be responsible if defective parts or design flaws played a role in causing the accident. Government agencies might share liability if poor road design, inadequate signage, or failure to maintain safe road conditions contributed to your accident.Â
Motorcycle Laws in Wisconsin
Wisconsin has several important laws that apply to motorcyclists. For example:
- Every motorcycle operator in Wisconsin must possess a valid Class M motorcycle license or motorcycle instruction permit.Â
- All riders under 18 years of age are required to wear a motorcycle helmet, including passengers.Â
- Wisconsin law requires helmets for all motorcycle riders with learner’s permits or instructional motorcycle permits, regardless of age.
- All motorcyclists must use eye protection, such as a windscreen, helmet shield, glasses, or goggles.
- Like other motorists, motorcyclists in Wisconsin must carry minimum liability insurance coverage: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage per accident.
Failure to follow these laws could affect your ability to recover compensation after an accident. Wisconsin follows a modified comparative negligence rule, which means if you’re found partially at fault, your compensation may be reduced by your percentage of responsibility. If you are more than 50% at fault, you cannot recover any compensation at all.
Common Injuries in Motorcycle Accidents
Motorcycle accidents often result in devastating injuries due to riders’ lack of physical protection compared to occupants of enclosed vehicles. Without the structural protection, airbags, and seatbelts found in cars, motorcyclists frequently suffer severe trauma, such as:
- Traumatic brain injuries, ranging from concussions to permanent cognitive damage
- Spinal cord injuries, potentially leading to partial or complete paralysis
- Road rash, which can cause severe skin damage, infections, and permanent scarring
- Bone fractures, especially in the legs, arms, ribs, and pelvis
- Internal bleeding and organ damage requiring emergency surgery
- Amputation of limbs due to crush injuries or severe trauma
- Emotional trauma, including post-traumatic stress disorder (PTSD)Â
Types of Compensation Available for Motorcycle Accident Victims
Motorcycle accidents can dramatically alter your life, creating physical, emotional, and financial hardships that extend far beyond the immediate aftermath of the crash. By filing an insurance claim or lawsuit, you can secure compensation that can help you rebuild and move forward, restoring your quality of life to the fullest extent possible.
You can claim multiple types of damages in a Madison motorcycle accident claim:
- Medical expenses form a substantial portion of most motorcycle accident claims. These costs include emergency treatment, hospital stays, surgeries, medications, and ongoing care like physical therapy or rehabilitation. Your settlement will also cover any future medical care you may require.
- You can also recover compensation for any income lost while recovering from your injuries. If your injuries prevent you from returning to your previous position or working at all, you may recover damages for diminished earning capacity.
- Your motorcycle and other personal property, such as specialized riding gear or electronic devices, may have been damaged in the crash. You can secure compensation to repair or replace these items.
- Finally, you can recover damages for pain and suffering. This form of compensation acknowledges the physical discomfort and emotional distress caused by your injuries, including the impact on your relationships and ability to enjoy life’s activities.
Cannon & Dunphy S.C. understands the full scope of damages available in motorcycle accident cases. Our Madison motorcycle accident attorneys will meticulously document all aspects of your losses to pursue maximum compensation. We will not rest until we secure every dollar you are owed.
Get Help with Your Claim from a Motorcycle Accident Lawyer in Madison
Madison’s roads can become danger zones for motorcyclists. If you were injured in a motorcycle accident, you deserve robust and experienced legal representation to help you rebuild and move forward. Cannon & Dunphy S.C. is dedicated to fighting for the rights of motorcyclists—we can advocate for your full and fair compensation.
Contact us at (262) 668-8884 and find out what our Madison motorcycle accident lawyers can do for you. Â