We don’t need to tell you that riding a motorcycle comes with risk, you already know that. You’re here because you want to be ready in case the worst happens, or maybe the worst has already happened to you or a loved one.
The three most important things after an accident are your health, your rights, and your financial recovery. At Nicolet Law Accident & Injury Attorneys, we know how high-stakes motorcycle accidents can be. If you're looking for a trusted New Richmond motorcycle accident lawyer, we’re here to help. Injuries are rarely minor, medical bills can be significant, and the insurance company often shows little mercy, if any.
Step #1 Prioritize Medical Attention
First of all, it’s important to note that with injuries in general, a successful recovery doesn’t always mean that someone returns to their life as it was before the accident. Sometimes success is simply finding a new path forward.
Immediate medical care
Call 911 even if you "feel fine." Adrenaline is known to mask pain. Just because you’re not feeling it in the moment doesn’t mean you won’t feel it later.
Paramedics can provide further insight on how your accident has actually affected your body.
If you are in an area with heavy traffic and you can safely relocate, consider moving to a nearby secure location. However, if doing so is difficult or poses further risk, it's advisable to stay where you are and wait for help to arrive.
Ongoing recovery
Being proactive about seeking medical attention is crucial. No matter what kind of medical professional you are speaking to, it’s important to answer their questions honestly, make a point to follow their treatment plan exactly, and attend follow-up appointments.
Step #2 Document Everything
Accident scenes are disorienting, but if you’re able to take photos, videos, or jot down any details, it can make a big difference later. Documentation can answer the following questions:
- What is the full name of the person involved in the accident?
- What is their phone number?
- What kind of vehicle were they driving, and what is the license plate number?
- What company are they insured by?
- What does the surrounding environment look like?
- Were there any road signs present? If so, were they visible?
- What is the weather like at the time?
While many generally know to exchange information with other drivers, talking to bystanders can be valuable too. Their perspective can shed light on a case, but the longer you wait to get ahold of them, the harder they can be to track down. That being said, like we said in Step #1, your health and safety come first. If you are unable to document the scene, someone nearby may be able to assist you. Beyond your own efforts, having police on the scene can provide official documentation in the form of a police report.
Step #3 Notify Your Insurance Company
It is important to tell your insurance company about what happened, but be selective about what you say. If you cannot answer their questions with absolute certainty, do not guess. After an emergency incident, this may feel strange, like you’re “holding back” from someone who is trying to help. Insurance companies can use anything you say against you in a case, so be careful.
Additionally, the sooner you get in contact with a motorcycle accident lawyer, the better. They can step in, coach you through conversations with insurance, or handle them entirely.
Step #4 Talk To A Motorcycle Accident Lawyer
At a base level, a motorcycle accident lawyer can provide valuable insight and perspective into your motorcycle accident case. This may be your first accident, but this won’t be the first accident case they represent.
Motorcycle accident victims often face a lot of bias from insurance companies. Sure, you pay your premiums every month, but insurance adjusters deal with risk. The safety gap between a motorcycle and a car can lead them to label you as “reckless.” Insurance adjusters aren’t known for being generous, but they can be especially brutal to motorcycle riders.
A motorcycle accident lawyer can help you:
- Deal with the insurance company (claims, negotiations, etc.)
- Collect medical records and expert testimony
- Determine how much your case could be worth
- File a lawsuit, if insurance negotiations fall through
Nicolet Law offers free consultations and operates on contingency. That means that you won’t pay us unless we succeed with your case.
Understanding Your Legal Rights by State
We can tell you how motorcycle accident cases generally work, but state laws do make a difference. Since Nicolet Law covers Minnesota, Wisconsin, North Dakota, and Iowa, let’s address them:
Minnesota
- Fault System: Minnesota is a no-fault state, but motorcycles aren’t required to carry PIP. That means you're typically filing through the at-fault driver's insurance.
- Comparative Fault: You can recover damages if you're 50% or less at fault.
- Statute of Limitations: You have 6 years from the date of the crash to file a personal injury claim.
Wisconsin
- Fault System: Wisconsin is a fault-based state, so claims go through the at-fault driver’s insurance.
- Comparative Fault: You can recover damages if you're less than 51% at fault. Your payout gets reduced by your share of the blame.
- Statute of Limitations: You have 3 years to file a personal injury lawsuit.
North Dakota
- Fault System: North Dakota is a no-fault state, but motorcycles don’t have to carry PIP. You’ll likely file against the other driver.
- Comparative Fault: You can recover as long as you're less than 50% at fault.
- Deadline to File: You have 6 years to file a personal injury claim.
Iowa
- Fault System: Iowa is a fault-based state. Claims go through the at-fault party’s insurer.
- Comparative Fault: You can recover damages if you're 50% or less at fault. Your compensation gets reduced based on your share.
- Deadline to File: You have 2 years to bring a personal injury claim.
If you miss the statute of limitations, you may forfeit your chance to recover compensation.
Common Injuries in Motorcycle Crashes
The chances of severe injuries are significantly higher in motorcycle accidents. Here’s a look at what they are often:
- Broken bones
- Traumatic brain injuries (TBIs)
- Road rash and soft tissue injuries
- Spinal cord damage
- Internal injuries
These injuries can split your life into two key chapters, “Before My Injury” and “After My Injury.” Extensive rehabilitation and long-term care are possibilities, which is why it is so important to find out the value of your total claim, not just incoming medical bills.
Can I Recover Damages Without A Helmet?
Helmet laws vary by state. Here’s what to know about the ones Nicolet Law serves:
Minnesota: Licensed motorcycle riders 18 years and older are not legally required to wear a helmet
Wisconsin: Licensed motorcycle riders 18 years and older are not legally required to wear a helmet.
North Dakota: Motorcyclists 18 years and older are not legally required to wear a helmet, whether they hold a license or permit.
Iowa: There are no helmet laws in place.
Not wearing a helmet won’t stop your case by default. You can still recover damages, though your ability to hinges on your state’s respective comparative fault rules. The insurance companies may argue that wearing a helmet could have reduced the impact of your injuries, an argument that an experienced motorcycle accident lawyer can refute with nuance.
What Can You Be Compensated For?
Depending on the specifics of your case, you may be eligible to recover for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Motorcycle repairs or replacement
- Mental and emotional distress
A lawyer can help assess which damages apply in your case and how to document them effectively.
Act Quickly, Stay Informed, Talk To A Motorcycle Accident Lawyer
You don't need a lecture about motorcycle risk, but when that risk manifests itself into an accident, knowing what to do next can make a significant difference in your recovery.
Seek medical attention, document as much as you can, speak with a qualified New Richmond personal injury lawyer, and understand the rules specific to your state. At Nicolet Law, we help riders across Minnesota, Wisconsin, North Dakota, and Iowa navigate the legal process with clarity and compassion. If you've been injured in a motorcycle crash, don’t wait. Contact us today for a free consultation and get the help you need to move forward.