Motorcycle crashes can leave victims with more serious injuries than a car accident, which is why it’s crucial that victims find an experienced motorcycle accident attorney who understands Wisconsin law.
Statutes of limitations, crash severity, and the specific circumstances of the crash are all important considerations that only an accomplished Green Bay motorcycle accident lawyer can skillfully navigate.
If you’ve been injured while riding, call Rosenfeld Injury Lawyers at (888) 424-5757 for a free consultation, and read on to find out more about how we can help you secure the compensation you deserve.
You Have Limited Time to File a Motorcycle Accident Claim
Motorcycle crash victims have a short window of time in which they can recover damages under Wisconsin law. The applicable statutes of limitations include:
- Personal injury – Three years from the time of the accident
- Wrongful death as a result of a car crash – Two years
- Product liability – Three years
It’s important to meet with one of our experienced attorneys as soon as possible for a free initial consultation. The sooner you secure legal representation, the more likely you will be fairly compensated for your injuries.
Damages That Our Green Bay Motorcycle Accident Lawyers Can Help You Recover
The damages that you can recover depend on who is filing the claim. When injured bikers pursue a personal injury claim on their own behalf, our legal team can seek compensation for these types of damages:
- Past and future medical expenses
- Past and future lost wages
- Physical pain and suffering
- Disability or disfigurement
- Emotional and psychological trauma
- Motorcycle repair or replacement
- Loss of enjoyment of life
Motorcycle Accident Wrongful Death Lawsuit
The family of a deceased motorcycle rider deserves fair compensation for the trauma of losing a loved one. Some of the accident-related expenses that we can recover include:
- Funeral expenses
- Medical bills
- Loss of financial support
- Loss of companionship
Eligibility to File a Green Bay Motorcycle Accident Claim
Eligibility for a lawsuit depends on who is at fault and if it satisfies the four major components of proving negligence: duty of care, breach of duty, cause, and damages. The elements of these are as follows.
- Duty of care – The liable party had a duty of care to you, whether that is an at-fault driver following the rules of the road or a parts manufacturer producing quality parts.
- Breach of duty – This person or entity failed to fulfill their duty of care to you.
- Cause – The liable party’s breach of duty was responsible for the motorcycle accident.
- Damages – The crash resulted in financial losses due to injuries.
Who Can Be Held Liable After a Motorcycle Crash
Motorcycle accident attorneys can hold several different parties liable after an accident, which include:
- At-fault driver – In 70% of two-vehicle motorcycle crashes, a negligent driver fails to scan the road for a motorcycle, causing the crash [1].
- Other drivers – In multi-vehicle crashes, distracted drivers may slam into the motorcycle accident, causing severe injuries.
- Motorcycle manufacturer – Manufacturers have a responsibility to put out safe vehicles and to properly recall those that are faulty.
- Helmet manufacturer – Helmets should absorb the majority of an impact. If they fail, this could leave the motorcycle driver with a traumatic brain injury.
- Local government – A recent study found that 43% of roads in Green Bay are in poor condition [2], increasing the risk of motorcycle accidents.
Proving Fault in Green Bay Motorcycle Accidents
Both car drivers and motorcycle riders need to obey federal and local driving regulations so as to avoid serious injuries. In a motorcycle crash case, the applicable insurance company and, if necessary, the jury will need to know about the following factors in order to ascertain fault.
- Lane splitting – Driving in the same lane as a car driver or driving in between two lanes is illegal in Wisconsin.
- Helmet laws – In Wisconsin, only riders under 18 must wear helmets, but they are strongly recommended for those older than that. If you are in a serious motorcycle accident and are not wearing a helmet, this may be used against you.
- Protective gear – You must wear eye protection, and you’re strongly encouraged to wear leather or heavy-duty jackets, pants, boots, and gloves.
- Vehicle condition – Your headlights must be on at all times, day or night, and you need to have a tail light that is visible for at least 500 feet. In addition to these state laws, Green Bay requires all motorcycles made after 1982 to have a properly working muffler.
There is a variety of evidence that may be used in a motorcycle accident in order to determine fault. This includes:
- Police reports
- Eyewitness testimony
- Medical records
- Surveillance footage
- Expert testimony
- Photos and videos of the crash scene
Wisconsin uses a modified comparative negligence legal process. If someone else’s negligence was responsible for at least 51% of the crash, you can sue for damages, but your compensation is reduced in proportion to the amount of blame that you share.
What to Do After a Green Bay Motorcycle Crash
When you’ve been in a motorcycle accident, it’s important to act fast in order to protect yourself physically and legally. Follow these steps as soon as possible:
- Stay at the scene of the crash – Don’t leave until you have gotten the names of everyone involved, including the other driver and any witnesses.
- Seek medical attention – You should always get medical treatment after an accident, even if you don’t feel hurt.
- Contact a law firm – Give us a call at (888) 424-5757 before you speak to anyone, especially an insurance company.
- Don’t talk to the other driver’s insurance company – The insurance company will work hard to get you to admit fault and thus reduce your compensation. Let an experienced lawyer from our firm handle the insurance claim process so as to ensure you have the best chance at compensation.
- Keep records – As you continue to receive medical care, keep a folder of your medical bills and insurance statements, as this will be important throughout your claims process.
Types of Cases That Our Green Bay Motorcycle Accident Attorneys Handle
Our law firm has handled hundreds of motorcycle accidents based on a variety of parameters, which include the following:
- Head-on collision – These types of accidents are common on rural two-lane highways, such as in smaller sections of Wisconsin 29, long known for its fatal road conditions [3].
- Left-hand turn – A significant number of fatal motorcycle crashes occur as a result of a car making a left-hand turn into the motorcyclist’s path of travel.
- Lane change – A car driver may fail to check their blind spot and see a motorcyclist in the other lane, side-swiping them.
- Rear-end – Even a small tap can cause a motorcycle to flip over, leading to serious injuries for the rider.
- Road hazards – While a four-wheeled vehicle may be able to manage poor road conditions without a problem, slick roads or potholes can lead to a bike rider losing control.
- Dooring – Dooring is when a car passenger opens their car door into a motorcycle’s lane of travel. This can either lead the rider to swerve and lose control or slam into the door, throwing them off their bike.
The Most Common Injuries Sustained by Motorcycle Accident Victims
The most common motorcycle accident injuries include:
- Broken bones
- Road rash
- Soft tissue injuries
- Abrasions and contusions
- Traumatic brain injuries
- Spinal cord injuries
- Burns from hot exhaust
The serious risk of brain injuries or spinal cord damage is why, even though Wisconsin permits legally riding without a helmet, you should never ride without this vital protection.
The Most Common Causes of Green Bay Motorcycle Crashes
Some of the most common causes of motorcycle crashes resulting in injuries include:
- Drunk driving – Sadly, Wisconsin had over 23,000 Operating While Intoxicated (OWI) convictions last year [4]. This was the tragic circumstance that led to the death of a motorcyclist in Green Bay recently [5], where a man was convicted of OWI following the crash.
- Speeding – 34% of deadly motorbike crashes are a result of speeding [6]. Speeding is such a serious problem in Green Bay that the police have solicited the public’s help in catching those who fail to obey speed limits.
- Distracted driving – Handheld cell phone use remains a serious problem in Wisconsin. Thirty-nine people died last year as a result of texting and driving [7].
- Failure to obey traffic laws – Failing to yield or to stop at a stop sign can have deadly consequences, such as what happened to a biking couple in the Township of Friendship when they were struck by a driver who blew past a stop sign [8].
- Faulty parts – Harley-Davidson’s recall of 65,000 bikes with a faulty rear shock absorber [9] underscores the danger of potentially fatal issues with bikes.
- Failure to wear a helmet – Even though it’s not required by Wisconsin, refusing to wear a helmet can have deadly consequences, as happened to a biker who struck a guardrail in North Fond du Lac [10].
Filing a Motorcycle Accident Claim With Rosenfeld Injury Lawyers
When you work with our law firm, you can expect a thorough process and great communication. The steps involved in a motorcycle claim include:
- Free consultation – We’ll gather preliminary information and identify whether you have a case.
- Case investigation – At this step, we determine what the applicable laws are and review the information provided to create an action plan.
- Gathering evidence – Our firm will look for police reports, surveillance footage, and witness statements.
- Consulting experts – We have a strong network of experts in and around Green Bay whom we will consult to develop a strong case.
- Negotiating with the insurance company – First, we’ll seek compensation from the applicable insurance companies, ensuring your interests are always represented.
- Trial representation – If we feel the settlement offer isn’t good enough, your motorcycle accident lawyer will represent you in court, working hard to get you a fair settlement.
How Much Can Be Recovered in a Green Bay Motorcycle Accident Lawsuit
There is no hard and fast rule for how much your settlement may be, though we will always push for the largest amount possible. We have recovered millions for our clients, such as a $14,100,000 settlement for a motorcyclist who was struck and killed by an inattentive truck driver making a left-hand turn.
Factors That Affect Motorcycle Accident Financial Compensation Amounts
Every accident case is different and depends on numerous factors, which include:
- Cost of losses, such as property damage, lost wages, and medical expenses
- The extent of your injuries
- Insurance coverage available; for example, uninsured motorist coverage will pay out less
- The amount of evidence available
- Witness testimony
When you work with a Wisconsin motorcycle accident attorney from our team, we will work our hardest to get you the most compensation, skillfully presenting all the evidence to prove that you deserve it.
How Long Does Settling a Motorcycle Accident Case Take
It can take your motorcycle accident lawyer over six months to settle a case and get you compensation. However, it depends on certain factors, such as how willing the other parties are to negotiate and how complex the case might be.
To ensure you can get this chapter of your life over with and return to everyday life, you should hire a lawyer as soon as possible. You can contact us at any time to get started with your free initial consultation.
How Much Does Hiring a Green Bay Motorcycle Accident Attorney Cost
As we work on a contingency fee basis, you owe us nothing unless we win. From the free legal consultation to the trial representation, you will pay nothing upfront. We will deduct our fee from your settlement, providing you with peace of mind while you recover.
Differences Between Car and Motorcycle Accident Cases
There are a few different factors that vary between motorcycle accidents and car accidents, including:
- Injury rate – Motorcycle riders are far more likely to be seriously injured.
- Lack of protection – Motorbike accident victims have far less protection than car drivers, who are secured by seatbelts and airbags.
- Less control – A motorcycle doesn’t offer as much control as a car, which often has two-wheel or four-wheel drive.
- Visibility – Smaller, lighter motorcycles are easily missed by distracted drivers.
- Road conditions – Even a small pothole will make a huge difference in the severity of a bike crash.
- Motorcycle perceptions – The insurance company and jury may be prejudiced against motorcycle drivers.
Contact a Green Bay Motorcycle Accident Lawyer Today!
The specific circumstances of a motorcycle crash mean you need highly experienced motorcycle accident lawyers on your case. We’ve recovered millions for our clients on a contingency fee basis, and you will owe us nothing unless we win.
Call us today at (888) 424-5757 for a free consultation to learn how we can help you get the justice and compensation you deserve.
Resources: [1] Federal Highway Administration, [2] ABC 2, [3] Wisconsin Highways, [4] We Are Green Bay, [5] We Are Green Bay, [6] Forbes, [7] Fox 11 News, [8] WBAY, [9] USA Today, [10] WBAY