When you’ve suffered injuries in a motorcycle accident in Wisconsin, knowing what to do afterward is critical for protecting your health and your rights.
Once you have received emergency medical care and are safely back home, the initial shock may begin to fade, only to be replaced by the stress of medical appointments, mounting bills, and confusing calls from insurance companies. It’s a difficult and stressful time. Rest assured that a clear path forward exists. It begins with taking crucial actions to protect your health and legal rights—and reaching out to an experienced Wisconsin motorcycle accident lawyer who can guide you through every step—allowing you to focus on what matters most: your recovery.
Key Takeaways: What to Do After a Motorcycle Accident in Wisconsin
- After a motorcycle accident, an individual’s priority is their physical and emotional recovery.
- Documenting injuries, expenses, and the impact of the accident on daily life is a crucial step in the process.
- Wisconsin operates under a “fault” system for accidents, meaning the person who caused the crash is responsible for the damages.
- The statute of limitations, or the time limit to file a claim, varies by state, with Wisconsin having a three-year deadline for most personal injury cases.
- Understanding the concept of comparative negligence is important, as it can affect the amount of compensation someone can recover in Wisconsin, as well as neighboring Midwest states like Minnesota, North Dakota, and Iowa.
- Insurance companies may not have a person's best interests at heart, and a legal professional can handle communications with them.
Motorcycle Accident Statistics in Wisconsin
Riding a motorcycle offers a sense of freedom that few other experiences can match. However, that freedom comes with significant risks. Motorcyclists are far more vulnerable than occupants of passenger vehicles, and the data reflects this reality. According to the Wisconsin Department of Transportation, in a single recent year, there were 1,949 motorcycle crashes across the state. These crashes resulted in 1,603 injuries and, tragically, 100 fatalities. This data highlights a sobering fact: the vast majority of motorcycle accidents result in some form of injury or worse.
The National Highway Traffic Safety Administration (NHTSA) provides a nationwide perspective, reporting that motorcyclists are about 28 times more likely than people in passenger cars to die in a traffic crash per vehicle mile traveled. Many of these accidents are not the fault of the rider.
A common cause of motorcycle crashes is other drivers failing to see the motorcycle, especially when making left-hand turns at intersections. For riders commuting daily from places like Eau Claire or Woodbury into the Twin Cities along the busy I-94 corridor, or those enjoying a weekend ride on scenic rural roads, these statistics are a stark reminder of the importance of vigilance and the potential consequences when other drivers are not paying attention.
Your First Steps After Returning Home from a Motorcycle Accident
The adrenaline has worn off, and you're dealing with the physical pain and emotional shock of the crash. The phone may already be ringing with calls from insurance adjusters. It’s a stressful time, but taking a few organized steps now can make a significant difference down the road.
- Prioritize Your Medical Care: Your health is the absolute top priority. Follow your doctor's treatment plan precisely. Attend all follow-up appointments, physical therapy sessions, and consultations with specialists. If new symptoms appear, report them to your doctor immediately.
- Keep a Detailed Journal: Start a journal to document your experience. Write down how you are feeling physically and emotionally each day. Note how your injuries are affecting your ability to work, sleep, and engage in daily activities. This record can be invaluable for showing the full impact of the accident on your life.
- Organize All Documentation: Create a file for everything related to the accident. This includes the police report, medical bills, receipts for prescriptions, pay stubs showing lost wages, and any correspondence from insurance companies. Keeping everything in one place will help you stay organized.
An experienced motorcycle accident lawyer can help guide you through these steps, which will help build a clear and comprehensive record of your experience, which is essential for any future claims process.
Understanding Wisconsin Motorcycle Laws and Insurance
Wisconsin is what’s known as a “fault” or “tort” state when it comes to vehicle accidents. In simple terms, this means the person or party who is found to be responsible for causing the accident is also responsible for paying for the resulting damages. This is a key difference from a neighboring state like Minnesota, which is a “no-fault” state for most car accidents. In Minnesota, your own insurance policy’s Personal Injury Protection (PIP) coverage is the first source of payment for your medical bills, regardless of who caused the crash.
However, Minnesota law treats motorcycles differently. Standard no-fault coverage and PIP benefits usually do not apply to motorcycle accidents. Instead, motorcyclists must purchase a separate insurance policy, and that policy generally will not include PIP coverage unless it is specifically added. Because of this distinction, injured motorcyclists often need to pursue claims directly against an at-fault driver rather than relying on their own PIP benefits.
That said, Minnesota law does set thresholds that allow injured people—including motorcyclists, if they have sufficient insurance coverage—to step outside of the no-fault system and bring a liability claim. Under Minnesota Statutes § 65B.51, this is possible if medical bills exceed $4,000, or if the injury results in permanent disfigurement, permanent injury, death, or a disability lasting at least 60 days.
In Wisconsin, the concept of modified comparative negligence is crucial. This rule means you can still recover damages even if you were partially at fault for the accident, as long as your share of the blame is not more than the other party's (meaning 50% or less). Your final compensation amount would then be reduced by your percentage of fault.
Understanding Motorcycle Crashes Across State Lines
Many of us live and work across state lines. You might live in Hudson, Wisconsin, and commute to Woodbury, Minnesota, or travel between our states for work or leisure. If your motorcycle accident involves crossing state borders, the situation can become legally complex. Each state has its own set of rules that can impact your case.
Here are a few key differences to be aware of in the states we serve:
- Statutes of Limitations: This is the legal term for the deadline to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation forever.
- In Wisconsin, you generally have three years from the date of the accident to file a personal injury lawsuit, as outlined in Wisconsin Statutes § 893.54.
- In Minnesota, the statute of limitations is typically six years for personal injury claims, according to Minnesota Statutes § 541.05.
- North Dakota also has a six-year statute of limitations for personal injury.
- Iowa has a shorter deadline, generally giving you two years to file a claim.
- Comparative Negligence Rules: All four states—Wisconsin, Minnesota, North Dakota, and Iowa—use a form of modified comparative negligence. This means that if you are found to be partially at fault, your potential compensation will be reduced by your percentage of fault. However, if your fault exceeds a certain threshold (51% in Wisconsin, Minnesota, and Iowa; 50% in North Dakota), you may be barred from recovering any compensation at all.
- State-Specific Insurance Rules: Laws regarding insurance can vary significantly. For instance, in Wisconsin, you are generally allowed to name and sue the at-fault driver's insurance company directly in your lawsuit. In Minnesota, this is typically not permitted. North Dakota has a unique provision that allows motorcyclists to purchase optional PIP (no-fault) insurance, which is very rare.
These differences highlight why it's so important to understand the laws of the state where your accident occurred.
Common Causes of Motorcycle Crashes on Rural Roads and Major Highways
While some accidents are caused by rider error, many are the result of other drivers' negligence. This is especially true on the busy highways and quiet rural roads that crisscross our region.
The I-94 corridor, stretching from Tomah, Wisconsin, through Eau Claire, and northwest to the Twin Cities, is a major artery for commercial trucking. The same is true for I-35 in Minnesota. While most truck drivers are safe professionals, a few bad actors can create immense danger for everyone, especially motorcyclists. Some commercial drivers may feel pressured to meet tight deadlines, leading to dangerous behaviors like speeding, aggressive driving, or driving while fatigued.
In some severe cases, truckers conceal violations of federal safety regulations by maintaining two separate logbooks. One is a falsified, official record designed to appear legally compliant, while the other is an accurate log detailing the illegally driven hours. When an 80,000-pound semi-truck is operated unsafely, the consequences for a motorcyclist can be catastrophic.
Rural roads present their own set of challenges. Winding roads, blind corners, and unmarked intersections can be dangerous. Other common causes of motorcycle accidents include:
- Distracted Driving: Drivers who are texting, talking on the phone, or otherwise not paying attention.
- Failure to Yield: Cars pulling out from side streets or driveways without seeing an oncoming motorcycle.
- Unsafe Lane Changes: Drivers who don’t check their blind spots before merging.
- Driving Under the Influence: A driver impaired by alcohol or drugs has slower reaction times and poor judgment.
No matter the cause, when a motorcycle accident is caused by someone else's carelessness, the injured rider has the right to seek accountability.
What About Other Types of Accidents? UTVs, ATVs, and Snowmobiles
The Midwest is a playground for outdoor enthusiasts, and that includes riding utility terrain vehicles (UTVs), all-terrain vehicles (ATVs), and snowmobiles. These recreational vehicles provide a lot of fun, but they can also be involved in serious accidents.
Particularly with the rise of powerful side-by-sides (SxS), which can reach high speeds and have a higher center of gravity, rollovers and other severe accidents are unfortunately common. Many of these incidents occur on private property or remote trails, and they often involve factors like inexperience, difficult terrain, or, sadly, alcohol.
The legal rules for these types of accidents can be different from those involving standard motor vehicles on public roads. Insurance coverage can be more complex, and determining who is at fault may require a detailed investigation. If you were injured in a UTV, ATV, or snowmobile accident, it’s important to understand your rights and options for recovery.
FAQs: What to Do After a Motorcycle Accident in Wisconsin
Here are answers to some common questions that arise after a motorcycle crash.
What if I wasn't wearing a helmet in Wisconsin?
Wisconsin law only requires helmets for riders and passengers under the age of 18 or those with an instructional permit. If you are over 18 and were not wearing a helmet, you can still pursue a claim. However, the at-fault party's insurance company may try to link your lack of a helmet to your injuries to reduce your compensation. It's important to know that this is a separate issue from the negligence that caused the crash, and the two are often unrelated.
What should I say to the other driver's insurance company?
It is often best to be very careful in your communications with an insurance adjuster from the other party. You can provide basic factual information, but you should avoid giving a recorded statement, guessing at answers, or downplaying your injuries. Adjusters are trained to ask questions that might get you to say something that could hurt your claim later. It’s okay to say you’re not ready to discuss the details and that you need to focus on your recovery.
The at-fault driver was uninsured or underinsured. What are my options?
If the driver who hit you has no insurance or not enough insurance to cover your damages, you may be able to file a claim with your own insurance company through your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. UIM is an optional but highly recommended part of any motorcycle insurance policy that is designed to protect you in exactly this situation.
How much is my motorcycle accident claim worth?
There is no simple answer or formula to determine the value of a claim. It depends on many unique factors, including the severity of your injuries, the total amount of your medical bills, your lost wages (both past and future), the extent of your pain and suffering, and whether you have any permanent impairment or disfigurement. A thorough evaluation of all these elements is needed to determine a fair value.
Should I accept the first settlement offer from the insurance company?
Insurance companies are businesses, and their goal is often to settle claims for the lowest amount possible. The first offer is frequently far less than what you may be entitled to. It is wise to have any settlement offer reviewed before you accept it and sign away your right to any future compensation for the accident.
When You’re Injured, We Are Here to Help
We know that after a motorcycle accident, your world can feel like it’s been turned upside down. The pain, the stress of mounting medical bills, and the pressure from insurance companies can be overwhelming. At Nicolet Law Accident & Injury Lawyers, our goal is to lift that burden from your shoulders so you can focus on healing and getting your life back.
Our team was born and raised right here in the Midwest. We live in the same communities you do, from Hudson to Eau Claire and across Wisconsin, Minnesota, North Dakota, and Iowa. We are not some distant, out-of-state firm; we are your neighbors. We understand the challenges you face because we are part of your community. When you work with a dedicated Wisconsin personal injury attorney from our firm, we handle all communication with the insurance companies, build a strong foundation for your claim, and fight to get you the full and fair compensation you deserve.
You don't pay us anything unless we win for you. We offer a free case review to listen to your story and explain your options. If you or a loved one has been injured in a motorcycle accident, contact Nicolet Law Accident & Injury Lawyers today at 1-855-NICOLET or through our online form. Let us be your advocates and help you on the road to recovery.