Overview
Just like any personal injury, motorcycle accidents are devastating and leave long-term effects. These accidents can result in serious injuries, piling medical bills, lost income and long-term challenges. If you have been injured in a motorcycle accident in Waukesha or Waukesha County, you are entitled to seek compensation from the party at fault.
At MacGillis Law Group, our Waukesha motorcycle accident lawyers have years of experience representing injured victims and their families understand their legal options. We investigate the accident, check witness records and evidence to determine responsibilities, handle communication with insurance companies and third parties and seek fair compensation for your damages.
If you or a loved one has been injured in a motorcycle accident, contact MacGillis Law Group for a free case review. Trust our motorcycle injury lawyers in Waukesha so you don’t have to deal with the insurance companies and legal processes on your own.
Motorcycle Accident Laws in Waukesha, Wisconsin
If you have been involved in a motorcycle accident in Waukesha, Wisconsin, there are a few laws you should be aware of. One of them is the statute of limitations. If you want to bring a lawsuit and file for compensation, it is important that you speak to a qualified Waukesha motorcycle accident lawyer as soon as possible.
The State of Wisconsin has a limitation of 3 years. This means that you have a duration of 3 years to file your claim. This duration begins from the date the accident occurred. If the injured person is a minor, parents or family members may bring lawsuits on their behalf. If the injured person would like to bring a lawsuit themselves, the statute of limitations is extended to the minor’s 20th birthday.
Another law you should be aware of is the comparative modified negligence rule. In Waukesha, Wisconsin, if you are found to be partially at fault for your motorcycle accident, your options for recovering compensation may become significantly lower.
If you are more than 50% at fault for your accident, you will be unable to receive compensation for your injuries. But if your percentage of fault is less than 50%, you will be able to recover compensation. The only thing is that your percentage of fault will be deducted from the amount of compensation awarded. For example, if you were found 30% at fault and you were awarded a $100,000 compensation, you will only receive $70,000.
Why wear a helmet when driving motorcycle?
There are many ways you could also be responsible for your accident but not wearing a helmet isn’t one of them. Every state has laws regarding the use of helmets but the state of Wisconsin does not clearly state that a helmet must be used while riding (except the rider is a minor or has a learner’s permit).
And so, not wearing a helmet cannot be used against an adult rider. It might seem unproductive to have laws that “protect” the lack of helmets, but the truth is that helmets rarely protect riders from fatal or severe injury.
Helmets simply do not provide adequate protection for riders. Even if you don’t suffer an injury, a helmet does not protect you from broken arms, organ damage, or brain injury. Chances are you’ll still suffer a head injury especially if you are involved in a car accident. In this case, an Waukesha car accident attorney can help you.
Why wear a helmet when driving motorcycle?
If you are involved in a motorcycle accident in Waukesha, your priority should be your safety and health. If you are able, taking the following steps can help protect your health and potential injury claim:
- Seek Medical Care: Some injuries, like soft tissue injuries, are not noticeable right away. So it is best to get medical care as soon as possible and follow your healthcare provider’s recommendations. Also, keep copies of your medical records and bills.
- Report the Accident: After seeking medical help, ensure you contact the appropriate law enforcement agency and report your case.
- Document the Accident Scene: If it is safe to do so, take photos or videos of the vehicles, motorcycle, road conditions, traffic signs, visible injuries, and anything else that may be relevant and important to your case.
- Gather Contact Information: Get the names and contact information of the other drivers and any witnesses. If possible, also obtain the other driver’s insurance information.
- Preserve Evidence: Remember to keep your motorcycle, helmet, clothing, photos, medical records, repair estimates, and other evidence related to the accident. Do not repair or dispose of damaged items before they have been properly documented.
- Avoid Giving Statements: Be cautious about making statements about how the accident happened or who was at fault. Avoid accepting a settlement before you understand your rights and the full extent of your injuries and losses.
- Talk to a Motorcycle Accident Lawyer: A motorcycle personal injury lawyer can investigate the accident, determine who may be responsible, communicate with insurance companies, and help you understand what compensation you may be able to seek.
Who can be held responsible for a motorcycle accident in Waukesha?
When it comes to determining fault in a motorcycle accident in Waukesha, it depends on various factors. In many cases, another driver’s negligence may be to blame. However, other parties may also be responsible depending on the circumstances.
Potentially responsible parties may include:
- Another driver who was speeding, distracted, impaired or driving recklessly.
- A vehicle owner, if the owner may legally be responsible for allowing someone to use the vehicle or other given situations.
- A motorcycle or parts manufacturer if a defective motorcycle or component contributed to the accident.
- A business or alcohol provider when applicable under Wisconsin law and the facts of the case.
- A government entity if dangerous road conditions or another government-related issue contributed to the crash.
Determining liability often requires careful review of the evidence, including police reports, photographs, witness statements, medical records, vehicle damage, video footage, and other available information. A Waukesha motorcycle accident lawyer can investigate the crash, identify potentially responsible parties, and help determine what legal options may be available.
What compensation can an injured motorcyclist recover?
The compensation an injured motorcyclist can recover depends on the injuries, financial losses and the circumstances of the accident.
Depending on the facts of your case, you may be able to seek compensation for:
- Medical expenses and future medical care
- Rehabilitation and physical therapy
- Lost wages and reduced earning capacity
- Motorcycle and other property damage
- Pain and suffering
- Physical impairment or disability
- Disfigurement or permanent scarring
- Loss of enjoyment of life
- Other losses related to the accident
Wisconsin Comparative Negligence rules may also affect how much compensation you receive if you are found partly responsible for the accident. Because every motorcycle accident claim is different, it is important to understand your injuries, losses, and potential liability before accepting an insurance settlement. A Waukesha motorcycle accident lawyer can review your case and help you understand what compensation may be available.
How long do i have to file a motorcycle accident claim in Wisconsin?
Wisconsin law sets deadlines for filing personal injury claims. In many cases, the statute of limitations is three years from the date of injury. However, the deadline can vary depending on the circumstances of the case. Different rules may apply to certain claims, including those involving government entities or other similar special circumstances. Also, missing the applicable deadline could prevent you from seeking compensation.
If you were injured in a motorcycle accident in Waukesha, consider speaking with a qualified Wisconsin personal injury attorney as soon as possible. An attorney can review your situation, explain the applicable deadlines, and help you understand your legal options.
Contact Our Skilled Waukesha Motorcycle Accident Attorney For Help
Do not let insurance companies trick you into thinking you are at fault so that they can pay you less, reach out to a skilled Waukesha motorcycle accident lawyer. At MacGillis Law Group, LLC, we want to help you recover compensation and get the justice you deserve. Contact us now.