July 31 , 2023 | Motorcycle Accident Lawyer
Motorcycle accidents are becoming increasingly common in Wisconsin and across America. For example, between 2014 and 2018, there were about 2,149 motorcycle accidents per year in Wisconsin This led to about 77 motorcyclists killed and 1,800 hurt annually. Also, in 2019 alone, the National Highway Traffic Safety Administration found that motorcycle accidents were 3% of all registered crashes in the US.
This article will explain why motorcycle accidents are becoming more common, and you will also learn how you may get compensation in a personal injury lawsuit. If you were hurt in a recent accident, our Oak Creek motorcycle accident lawyers may be able to help you obtain compensation in a personal injury lawsuit.
How Do Motorcycle Accidents In Wisconsin Happen?
Understanding how many motorcycle accidents happen in Wisconsin is essential to avoid them. Also, how the accident occurred is relevant for determining liability. Most motorcycle crashes in Wisconsin happen because of someone’s negligence. Some of the most common negligent acts that lead to motorcycle accidents are:
Changing Lanes Illegally
Engaging in any illegal maneuver on the road, such as illegal lane changes, increases the risk of an accident. Motorcyclists are especially at risk when a driver suddenly changes lanes into them. Motorcycle riders are unprotected from accidents and road hazards. All drivers should check their blind spots carefully when they change lanes. They also should be sure to yield when necessary, signal, and generally alert other drivers of their intentions.
Whether it is the car driver or motorcyclist, speeding can leadto severe or fatal injuries. Speeding means a higher risk of losing control and being unable to stop in an emergency. It also makes accidents more devastating. All drivers and motorcyclists should obey the speed limit at all times. If you are in a rush and are tempted to speed, leave earlier so you have enough time without breaking the law.
Not Checking Blind Spots
Many motorcycle accidents happen because the car driver does not see the rider. This often happens when drivers fail to check their blind spots as they change lanes. All drivers should double-check blind spots and especially look out for motorcycles, which are harder to see than cars.
It is never safe to drive aggressively. Speeding, tailgating, cutting closely around other vehicles, etc. are hazardous behaviors that put everyone on the road at risk.
Driving While Under The Influence Or Distracted
Driving while under the influence or distracted are also a top causes of accidents in Wisconsin. Both motorcyclists and drivers must drive safely and responsibly. If they fail in that duty, they could be held liable in an accident, including for the injured party’s medical bills, lost earnings, and pain and suffering.
Potential Roadblocks To A Motorcycle Accident Settlement
If you are injured in a motorcycle crash caused by another party, Wisconsin law states that you could be entitled to compensation in a claim or lawsuit. Unfortunately, it is common for motorcyclists to be blamed for crashes they did not cause.
The personal injury attorneys at Martin Law Office understand that this happens and deal with it head-on. The best way to overcome the false notion that the motorcyclist was at fault when they were not is to obtain conclusive proof about how the crash occurred.
We collect evidence from eyewitness accounts, accident reconstruction professionals, and law enforcement, among other sources. We also may request your treating doctor or surgeon to write a report about the nature and extent of your motorcycle crash injuries.
Our attorneys will investigate the accident, how it happened, and who was at fault. If we discover another driver caused the accident, we will aggressively negotiate with the at-fault driver’s insurance company for the maximum settlement. Failing that, we will take the matter before a jury and argue passionately for your case.
What Factors Affect The Settlement Value Of A Motorcycle Accident Case?
There is no formula you can use to assess what your motorcycle accident case is worth; every case is unique. However, experience shows that the following factors may influence the ultimate settlement value of a motorcycle accident claim:
- Was another party clearly at fault for the collision? For example, if a car driver rear-ended your motorcycle at a red light, that is clear evidence of fault.
- Was another driver intoxicated when the accident occurred?
- What kind of injuries did you suffer on your motorcycle?
- What type of medical care did you receive for your injuries?
- How much are your medical expenses?
- Did you lose time from your job?
- How much insurance coverage does the liable driver have?
- Do you have uninsured driver insurance if the other driver did not have insurance?
Important Wisconsin Motor Vehicle Accident Laws
If you were hurt in a motorcycle accident in Wisconsin, there are several important laws to be aware of. These laws could have a significant impact on any claim you decide to make:
- There is a three-year statute of limitations to file a car accident lawsuit in Wisconsin. You need to file your lawsuit within three years of the date of the accident. Otherwise, you may be ineligible to receive compensation in a lawsuit.
- The state’s modified comparative fault law means that you can only recover damages in an accident if your responsibility for the incident is less than 50%.
- Wisconsin Statutes section 346.70 states that you must report a motor vehicle accident to the police if there is an injury or death to another person or $1,000 or more in damages. So, Wisconsin law sets a relatively low bar for reporting a motor vehicle accident. If you are in a motorcycle accident, property damages and injuries are likely, so you should notify the police immediately.
Contact Our Oak Creek Motorcycle Accident Lawyers
If you were in a motorcycle accident, you likely have injuries that could require weeks or months of recovery. You should receive compensation for your losses if someone else hits your motorcycle. After a motorcycle accident caused by another party’s negligence, our Oak Creek motorcycle accident lawyers at Martin Law Office, S.C. can help, so call (414) 856-4010.