Motorcycles are small, agile vehicles. These traits allow riders to engage in intricate maneuvers and navigate easily through traffic, and they have made motorcycles an increasingly popular mode of transportation (especially among female riders).
However, the same traits that make motorcycles popular also make them less visible to motorists and increase the risk of a crash. Due to the lack of structural protection, a motorcyclist’s collision with another vehicle can cause serious and deadly injuries, including brain injury and spinal cord damage.
There are many reasons why road accidents occur. All too often, the carelessness of a car or truck driver, a faulty motorcycle part or defective road is to blame. A thorough investigation is needed to determine what happened and who should be held responsible.
If you or a loved one has been harmed in a motorcycle accident in Milwaukee or elsewhere in Wisconsin, contact Techmeier Law Firm to protect your right to full compensation for your losses. We can provide a free and immediate consultation about your road accidents case.
How to File Accident Claims?
An investigation into a motorcycle accident is aimed at determining how and why it occurred.
An accident report filed by a law enforcement agency that responds to the crash must be reviewed. An examination of the accident scene and the vehicles involved in the crash can also provide crucial evidence. Statements by those who witnessed the accident will play a crucial role as well.
The investigation may reveal that negligent actions might need a car accident lawyer. Examples of negligence include:
- Failing to pay attention to rear and side view mirrors
- Failing to check blind spots
- Following too closely behind the motorcycle
- Attempting to share the lane with a motorcycle or passing too closely
- Driving while distracted by a texting or cell phone conversation
- Driving while impaired by alcohol or drugs
- Driving while overly fatigued or falling asleep at the wheel.
If it can be shown that this conduct by the other vehicle driver caused the crash and led a motorcyclist and his or her passenger to suffer injuries, a claim for compensation may be pursued.
However, in many cases, driver error is not to blame. Instead, the motorcycle crash may be caused by:
- A defective motorcycle part such as a faulty tire, brake or gear shift
- A poorly constructed or maintained road or the failure to post proper warnings about road conditions.
In these situations, a “third party” may be held responsible. These parties include motorcycle and motorcycle parts manufacturers, distributors, retailers, state agencies or the contractors they hire.
Keep in mind, if an investigation reveals that a motorcyclist is partially at fault for causing the accident, it will not always prevent a recovery. Compensation is barred only if the motorcyclist’s fault is determined to be 51 percent or greater.
Additionally, if you were a passenger on a motorcycle driven by a careless motorcyclist, you may be able to assert a claim against him or her.
What Can You Recover in a Milwaukee Motorcycle Accident?
Even if helmets are worn, the riders and passengers on a motorcycle involved in a crash may suffer serious head and brain injuries as well as burns, fractures and spinal cord injuries.
The injured motorcyclist often is not the only one who suffers. His and her family members and caregivers can face physical, emotional and financial stress that goes along with caring for a loved one who has been in a personal injury accident.
If the motorcycle rider or passenger is entitled to compensation in an accident claim, the amount that can be recovered will depend on many factors.
Generally, the motorcycle accident victim may seek damages that include:
- Repair or replacement of the damaged motorcycle
- Medical expenses (including emergency and long-term rehabilitation)
- Lost income and diminished future earning capacity
- Pain and suffering
- Emotional distress
- Scarring and disfigurement.
An important factor will be the amount of insurance coverage available. For instance, if another driver is involved, compensation could be sought through the driver’s liability insurance coverage.
If the driver lacks insurance or has insurance that does not fully cover your losses in a motorcycle accident, you may also turn to your own uninsured motorist (UM, which is required in Wisconsin) or underinsured motorist (UIM, which is optional but highly recommended) coverage. UM coverage can also protect you if you were involved in a hit-and-run crash.
You may have other motorcycle insurance coverage available as well that can help you. It is important to have an attorney review your policy and deal with your own and the other driver’s insurance company.
Make Sure you have a Lawyer for all your Road Accidents
Techmeier Law Firm can immediately review your motorcycle accident case and explore all compensation that is available to you. Our goal is to help you to recover from your injuries and move on with your life. Get started by calling A car accident attorney today or reaching us online. We serve clients in Milwaukee and throughout Wisconsin. Our initial consultations are free and confidential.
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