Motorcycle accidents can happen without warning, changing your life forever. In the chaotic moments following a crash, shock and adrenaline make it difficult to think clearly about what comes next. While your immediate focus should be on getting medical attention, you also need to understand your legal rights.
Wisconsin law provides protections for motorcyclists who are injured due to another driver’s negligence. Knowing these rights can significantly impact your recovery journey.
Speaking with an experienced Milwaukee motorcycle accident lawyer can help you navigate the legal process, deal with insurance companies, and pursue the compensation you need to move forward.
Understanding Wisconsin’s At-Fault Liability System
Wisconsin operates under an at-fault liability system, which means the driver who causes an accident bears financial responsibility for the resulting damages. For motorcyclists, this system provides a financial safety net when another driver’s negligence leads to your injuries. You have the right to seek compensation from the at-fault driver’s insurance company for all damages related to the crash.
However, you will need to prove that the driver’s negligence led to your accident and that the accident caused the losses you sustained. The evidence must show that the driver owed you a duty to operate their vehicle safely and follow traffic laws, they breached this duty through a negligent act or omission, and your motorcycle crash occurred as a direct result.
Damages Available in a Motorcycle Accident Claim
The goal of a motorcycle accident claim is to restore you to the financial position you would have been in had the accident never occurred. Wisconsin law entitles you to seek compensation for several types of damages, including:
- Medical Expenses: You can recover costs for emergency room treatment, hospital stays, surgeries, rehabilitation, physical therapy, prescription medications, and any future medical care related to your injuries.
- Lost Income: This category of compensation covers all wages lost during your recovery period and lost benefits such as health insurance or retirement contributions. You can also recover damages for reduced earning capacity if your injuries prevent you from returning to your previous job.
- Property Damage: You have the right to recover the cost of repairing or replacing your motorcycle, protective gear, personal electronics, and any other property damaged in the crash.
- Pain and Suffering: Not all damages can be quantified with bills and receipts. You can also recover compensation for the physical pain, emotional distress, mental anguish, and reduced quality of life resulting from your injuries and the accident’s impact on your daily activities.
How to Protect Your Legal Rights After a Motorcycle Accident
Taking the right steps immediately after a motorcycle accident protects your legal rights. Start by calling 911—this creates an official accident report. Seek immediate medical attention, even if you do not feel hurt; delaying treatment can harm both your health and your legal case.
Gather evidence at the scene if you are physically able. Take photographs of vehicle damage, road conditions, traffic signs, and your injuries.
Collect contact information from witnesses and exchange insurance details with the other driver. Avoid admitting fault or making statements about the cause of the accident; these comments can be used against you later.
Once you have received medical care, contact a Wisconsin motorcycle accident lawyer as soon as possible. An attorney at Cannon & Dunphy S.C. can assess your situation, explain your legal options, and take the first steps toward filing the appropriate claim.
Contact us to schedule your free legal consultation today and protect your right to fair compensation.
