Milwaukee Motorcycle Accident Lawyer
Milwaukee Motorcycle Accident Lawyer
Motorcycle accidents often result in serious injuries or death because of the lack of protection a motorcycle provides compared to a car. When these accidents occur in crowded areas, such as Milwaukee, the danger to other motorists and pedestrians increases significantly.
Drivers need to be aware of motorcycles and share the road safely, but too often, reckless driving leads to devastating accidents.
Were you injured in a motorcycle accident? The legal services provided by the personal injury attorneys at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, are legal advocates for motorcycle accident victims harmed by someone else’s negligence.
Contact us to connect with a Milwaukee motorcycle accident attorney and schedule a free consultation. All confidential or sensitive information you share with your motorcycle accident lawyers remains private through an attorney-client relationship.
National Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), there were over 5,000 motorcyclists killed in traffic accidents in 2020. That’s a tragic 11% increase from the previous year, with the highest motorcycle fatalities in nearly a decade.
These fatalities account for more than 18% of all traffic deaths in the US, even though motorcycles make up just 3% of all registered vehicles. Other data reveals:
- In 2020, 4,976 people died in accidents involving a motorcycle throughout the United States.
- In 2019, 88,000 accidents ended where the drivers or motorcycle riders were injured on their motorcycles.
- Most accidents on a motorcycle (60 percent) occur during the summer months.
- The most dangerous time to be on a motorcycle is between 3 PM and 6 PM.
- At night, the risk of a fatal accident is more than double that during the day.
- Male motorcyclists are killed in accidents at a rate three times that of female motorcyclists.
- The average age of a motorcyclist killed in an accident in 2019 was 42.
- The most common cause of a motorcycle accident is the motorcycle colliding with another object. ·
- Head injuries are the most common type of injury sustained in a motorcycle accident.
Wisconsin Motorcycle Accident Data
According to the Wisconsin Department of Transportation, there were 1,531 accidents involving a motorcycle in Wisconsin in 2020. The data reveals a 9% increase from the 1,411 motorcycle accidents in 2019.
The following year, there were 144 fatalities and 1,387 injuries due to motorcycle or other moped-type motor vehicle accidents in Wisconsin. These numbers are concerning, and it is crucial to understand why motorcycle accidents happen more frequently in Wisconsin.
Common Causes for Motorcycle Accidents
Motorcycles are an efficient and affordable way to get around a congested city, but they can also be very dangerous, leading to accidents with injuries and fatalities. Many accidents occur in urban environments, with many more obstacles and hazards than on a freeway.
Some common causes of accidents involving a motorcycle in urban environments are:
- Distracted drivers: Cars and trucks often do not see motorcycles, especially when the driver looks at something else like their phone or the dashboard. Common distractions include drinking, eating, talking to passengers, etc.
- Speeding: Cars and trucks speeding are more likely to lose control and cause an accident.
- Reckless driving: Reckless driving is often the cause of motorcycle accidents, as it increases the chance of losing control of the vehicle.
- Driving under the influence: Driving under the influence of drugs or alcohol is a significant cause of accidents on motorcycles and motor vehicles.
- Road hazards: Potholes, debris, and construction can easily cause a motorcycle accident.
- Inexperienced riders: Riders not used to maneuvering through tight streets and intersections can quickly get into trouble.
- Drunk drivers: Alcohol impairs judgment and can lead to dangerous decisions behind the wheel.
- Adverse weather: Rain, snow, and ice can make it difficult to control a motorcycle.
- Driver fatigue: Long hours on the road can lead to drowsy or careless driving.
Common Motorcycle Accident Injuries
Bikers and passengers who ride motorcycles are at an increased risk for severe injury or death because motorcycles provide very little protection in the event of a collision. Some of the most common injuries from accidents while riding a motorcycle are life-altering and require extensive medical treatment.
Some of the most common motorcycle accident injuries include:
- Head and brain injuries (TBIs): The blunt impact during a motorcycle accident colliding with a car, truck, or stationary object can lead to severe head injuries. A traumatic brain injury could result in permanent brain damage or even death.
- Spinal cord injuries: The spinal cord is responsible for sending signals from the brain to the rest of the body. A motorcycle accident can result in partial or complete paralysis when the spinal cord is damaged. Spinal cord injuries are often permanent and can require lifelong care.
- Broken bones: Since motorcycles provide very little protection, riders and passengers are susceptible to breaking bones in a collision. Broken bones can be extremely painful and may require surgery to heal correctly.
- Internal bleeding: Occurs when blood vessels are ruptured and bleed internally. This type of injury can be life-threatening and requires immediate medical attention.
- Internal organ damage: The force of a motorcycle accident can cause internal organs to be damaged or even rupture. This injury can be excruciating and may require surgery to repair the damage.
- Road rash: A common injury from an accident sustained on a motorcycle and occurs when the skin rubs or scrapes against the pavement. Road rash can be extremely painful and may require medical attention to clean and dress the wound.
- Amputation (dismemberment): In some motorcycle accidents, limbs may be severed or amputated. This type of injury is life-altering and requires extensive medical care.
- Severe burns: Accidents can also result in severe burns from hot motorcycle tailpipes or ignited fuel, which can be extremely painful and require surgery to heal correctly.
- Deep cuts and lacerations: Sharp objects or debris on the road can cause deep cuts and scrapes. These injuries may require stitches or surgery to close the wound.
Due to these major injuries, most insurance companies will require a high premium to cover medical and crash-related expenses, allowing the motor vehicle to be street legal.
Filing a Personal Injury Compensation Claim for Milwaukee Motorcycle Accident Injuries
Motorcycle accident victims are often severely injured and can incur significant medical expenses, lost wages, and other damages. In some motorcycle accident cases, the injuries can be so severe that the victim is left unable to work or earn a living.
A civil claim can be filed to recover compensation from the responsible party’s insurer or their own insurance company. The monetary compensation can help injury victims get the financial assistance they need to cover their costs and move on with their lives.
Understand The Basics Of A Personal Injury Compensation Claim For Motorcycle Crash Injuries
Motorcycle accidents can cause serious, life-changing injuries. If you are injured in a motorcycle accident, it is essential to understand your legal rights and options for compensation.
A personal injury compensation claim can help you recover the costs of medical treatment, lost income, and other damages related to your accident. The basics of an injured person claim involve:
- Sending the insurance company a demand letter to start the claims process
- Filing a lawsuit if the insurance company does not offer a fair settlement
- Providing an official report to the insurance company that the other driver was at fault for the accident
- Calculating your damages, including medical bills, lost income, and pain and suffering
Milwaukee Motorcycle Accident Lawyers Gather Evidence To Support Your Claim
Part of the legal services provided by your Milwaukee County motorcycle accident lawyer is that they will gather evidence from various sources, including:
- The accident scene might reveal how the crash occurred by tire skid marks, damaged property/object, and debris.
- The police report will usually include a diagram of the accident scene and statements from witnesses.
- Video cameras at and near the crash scene might have captured the accident.
- Your medical records will document your injuries and treatment
- Insurance companies’ reports regarding damages
- How severe the damages are to the personal injury victims
To build a strong motorcycle accident case, your experienced attorney might hire an accident reconstruction expert. This professional can help recreate how the accident happened by studying the evidence and creating a report.
Proving Fault In A Motorcycle Accident Claim
For you to recover damages, your Milwaukee motorcycle accident lawyers must be able to prove that another driver was at fault for causing the motorcycle accident. There are several ways to do this including:
- Determining which driver violated a traffic law causing one or more motorcycle crashes, such as running a red light or speeding
- Investigate if the other driver was distracted during the accident (texting, talking, etc.)
- Proving the other party was driving under the influence of drugs or alcohol through drug tests, field sobriety tests or medical records
In some cases, more than one factor might have contributed to the accident. For example, if the driver at fault was speeding and ran a red light, insurance companies and motorcycle accident attorneys will consider both factors causing the motorcycle crash.
Calculating Your Damages
Once the fault has been established, you will need to calculate your damages to determine the value of your claim. This includes calculating:
- Medical expenses: All past and future medical treatment related to your injuries, including doctor visits, surgeries, hospitalization, medication, and rehabilitative therapy
- Lost income: Wages lost from time missed at work due to your injuries and any future earnings if your injuries prevent you from returning to work or result in a lower earning capacity.
- Pain and suffering: The physical pain and emotional distress caused by your injuries
- Other damages: Other out-of-pocket expenses related to your motorcycle crash, such as property damage, motorcycle repairs, and transportation costs
In some motorcycle accident cases, punitive damages might also be available. These are designed to punish the at-fault driver for reckless or careless behavior, such as driving under the influence of drugs or alcohol.
Filing a Personal Injury Lawsuit
Insurance companies typically do not offer a fair settlement, but you have the option to seek compensation by filing a personal injury lawsuit. This involves:
- Filing a complaint with the court
- Serving the complaint on the at-fault driver
The at-fault driver then has a certain amount of time to file a response to the complaint. The court might enter a default judgment in your favor if no response is filed within the designated timeframe.
Once the response is filed, the discovery process will begin. This involves both sides exchanging information and evidence related to the case. After discovery is complete, both sides will have the opportunity to file motions with the court.
These motions might involve the defendant asking the court to dismiss the case or exclude specific evidence from trial.
If the case is not dismissed and no settlement is reached, it will go to trial. At trial, each side will present its evidence and argument to a judge or jury, who will then decide whether the at-fault driver is liable and, if so, how much the at-fault driver should pay in damages.
These accidents can be devastating, and the insurance companies will often blame the motorcyclist for the accident to avoid paying claims or get away with paying as little as possible. Don’t let them take advantage of you. Speak with an attorney who understands the law and can help you get the compensation you deserve.
Preventing a Motorcycle Accident
There are numerous steps motorcycle riders can take to avoid a crash involving severe or fatal injuries. Watching for other vehicles can help identify a negligent driver. Other steps include:
- Both the rider and passenger should wear helmets and protective gear.
- Stay alert to identify reckless drivers sharing the road.
- Obey the speed limit and use defensive driving techniques.
- Never drink alcohol or use drugs before or while riding.
- Make sure the motorcycle is maintained correctly.
- Wearing proper clothing can help increase visibility to other drivers.
- Ride in the daytime hours when visibility is optimal
If you are a driver in Milwaukee WI, be alert for motorcyclists and give them plenty of space when passing or turning.
Filing Wrongful Death Claims Through a Law Firm
Motorcycle crashes resulting in fatalities devastate families. Qualifying family members who lost loved ones in fatal crashes can file compensation claims seeking maximum compensation from those responsible for the motorcycle accident.
However, these lawsuits are complicated, and legal representation by an experienced lawyer is necessary, especially if more than one person was severely hurt or died in the crash.
Milwaukee motorcycle accident lawyers can determine all potential defendants that might include:
- Another motorist
- A truck driver and their trucking company
- Other motorcycle riders
- Highway construction crews
- Road maintenance crews
- Government entities
- Motorcycle manufacturers
The goal of any wrongful death claim is to assess a monetary value on the life taken and punish those responsible for the crash.
Compensation in a motorcycle riding death lawsuit can include:
- Funeral and burial expenses
- Injury-related medical bills
- Recovering any insurance company policies
- Lost earnings and benefits the victim would have earned if they had not died.
- Loss of companionship, love, care, comfort, and society
- Financial and moral support for the victim’s spouse, children, or parents
Punitive damages also are available in some cases, However, Wisconsin law limits the amount of punitive damages awarded in a motorcycle accident case.
It would help if you spoke with an experienced Milwaukee motorcycle accident lawyer as soon as possible.
Hire a Milwaukee Motorcycle Accident Attorney to Receive Full Compensation from Defendants’ Insurance Companies
Did you suffer severe injuries in a Milwaukee motorcycle accident or lose a loved one through someone else’s negligence? Our legal team specializes in injured person cases involving motorcycle, moped, minibike, or truck accidents, car crashes, and commercial truck wrecks.
Contact us to speak with our affiliate Milwaukee, WI motorcycle accident attorneys today through a free consultation. Let us review your personal injury case to determine its value based on your ongoing medical costs, past medical bills, lost wages, pain, suffering, and other damages.
Our motorcycle accident attorneys accept all personal injury cases on a contingency fee agreement. This promise insurer shall pay no upfront fees until your motorcycle accident lawyer resolves your case through a negotiated settlement or jury award.