Motorcycle accidents can have devastating consequences, both physically and financially. In the aftermath of a motorcycle accident, it is crucial to understand liability and how it can impact your ability to seek compensation for your injuries and damages. In this article, we will discuss the concept of liability in motorcycle accidents and provide tips from a Milwaukee attorney on how to navigate this complex legal landscape.
What is Liability in Motorcycle Accidents?
Liability in motorcycle accidents refers to the legal responsibility of the parties involved in the accident. In most cases, the at-fault party is liable for the injuries and damages caused by the accident. However, determining liability in motorcycle accidents can be challenging, as there are often multiple factors at play. Some common causes of motorcycle accidents include:
- Distracted driving
- Speeding
- Driving under the influence
- Failure to yield
- Unsafe lane changes
Comparative Negligence in Wisconsin
Wisconsin follows a comparative negligence system when it comes to determining liability in motorcycle accidents. This means that if you are partially at fault for the accident, your compensation may be reduced proportionally. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.
Seeking Compensation for Motorcycle Accidents
If you have been involved in a motorcycle accident, it is important to take the following steps to seek compensation for your injuries and damages:
- Seek medical attention: Your health and safety should be your top priority. Make sure to seek medical attention for any injuries sustained in the accident.
- Document the accident: Take photos of the accident scene, your injuries, and any damage to your motorcycle. Collect contact information from any witnesses.
- Contact a Milwaukee attorney: An experienced attorney can help you navigate the legal process and fight for the compensation you deserve.
- Negotiate with insurance companies: Insurance companies may try to offer you a low settlement. An attorney can help you negotiate for a fair settlement that covers your medical expenses, lost wages, and other damages.
- Consider filing a lawsuit: If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit to seek compensation through the court system.
Statute of Limitations
It is important to keep in mind that there is a statute of limitations for filing a personal injury lawsuit in Wisconsin. In most cases, you have three years from the date of the accident to file a lawsuit. Failing to file within this time frame may result in your case being dismissed.
How a Milwaukee Attorney Can Help
Navigating the legal system after a motorcycle accident can be overwhelming, especially when dealing with insurance companies and legal proceedings. Hiring a Milwaukee attorney who specializes in motorcycle accidents can provide you with the support and guidance you need to seek fair compensation for your injuries and damages. An attorney can help in the following ways:
- Investigate the accident: An attorney can investigate the accident to determine liability and gather evidence to support your case.
- Negotiate with insurance companies: Your attorney can handle communications with insurance companies and negotiate on your behalf to secure a fair settlement.
- Represent you in court: If a lawsuit is necessary, your attorney can represent you in court and present your case to a judge and jury.
- Provide legal advice: An attorney can provide you with legal advice and guidance throughout the process, ensuring that your rights are protected.
Choosing the Right Attorney
When choosing a Milwaukee attorney to represent you in a motorcycle accident case, it is important to consider the following factors:
- Experience: Look for an attorney who has experience handling motorcycle accident cases and a track record of successful outcomes.
- Reputation: Research the attorney's reputation and read reviews from past clients to ensure they are trustworthy and reliable.
- Communication: Choose an attorney who communicates openly and clearly, keeping you informed about the progress of your case.
- Fee structure: Discuss the attorney's fee structure upfront to avoid any surprises later on. Many attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
By understanding liability in motorcycle accidents and seeking the help of an experienced Milwaukee attorney, you can increase your chances of receiving fair compensation for your injuries and damages. Remember to act quickly and take proactive steps to protect your legal rights in the aftermath of a motorcycle accident.
