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Motorcycle riders face high risks on Wisconsin roads, and when accidents happen, proving the other driver’s negligence is critical.
Establishing negligence helps determine fault, but it also allows injured riders to seek compensation for their losses. Whether you’re dealing with extensive medical bills, lost wages, or long-term recovery from motorcycle accident injuries, strong evidence can make all the difference in your case.
At Mahony Law, we help victims pursue the justice they’re owed. Our motorcycle accident lawyers don’t just know how to defend your case 一 we know how to investigate and support it.
In this post, we’ll explore what negligence means in the context of motorcycle accidents, the types of evidence your lawyer will need, and how Wisconsin’s comparative negligence laws could impact your claim.
Negligence occurs when someone fails to exercise reasonable care and causes harm to others. In a motorcycle accident, this could involve a car driver failing to yield the right of way, drunk driving, or forgetting to check blind spots.
To prove negligence in motorcycle accidents, an attorney will need to establish four core elements:
The at-fault party owed you (the motorcyclist) a duty of care to operate their vehicle safely. This duty extends to all drivers on the road and includes obeying traffic laws, maintaining control of their vehicle, and watching out for others.
The at-fault party failed to meet that duty through reckless or negligent actions. Examples include speeding, running red lights, failing to yield, or driving under the influence.
In Wisconsin, distracted driving has become a growing concern. As a result, the state has forbidden driving any motor vehicle while texting or composing emails (Department of Transportation). Proving this breach often requires uncovering evidence such as phone records or witness testimonies.
The other driver’s breach of duty directly caused the accident and your injuries. For example, if a driver failed to check their blind spot while changing lanes and struck your motorcycle, their actions would be the direct cause of the motorcycle crash.
You suffered measurable losses as a result of the accident. This includes physical injuries, emotional distress, lost wages, and medical expenses.
Your lawyer will work to quantify these damages to make sure you receive fair compensation. They’ll also help you put a number on non-economic damages, such as pain and suffering.
Building a strong case against the negligent party requires comprehensive evidence. It can’t just be your word against theirs, and you need tangible support for your claim.
Below are the main types of evidence an attorney for motorcycle accidents will gather:
Per Wisconsin Statute s. 346.70(1), any crash within the State of Wisconsin must be reported when it results in:
After an accident, law enforcement typically creates a report that details the crash, its possible causes, and whether citations were issued. This can serve as an official record and may help establish fault.
Police reports often include the officer’s observations about road conditions, weather, and any apparent violations of state traffic laws.
Pictures or videos of the accident scene, vehicle damage, road conditions, and injuries can provide valuable visual evidence. Wisconsin roads can have specific hazards such as icy patches in winter or uneven pavement, and documenting these conditions can support your case.
For instance, a photo of an unmarked pothole or poorly maintained road can indicate that external factors contributed to the accident.
Witnesses who saw the accident can provide statements that clarify how the crash occurred and who was at fault. In rural areas of Wisconsin, such as Forest or Bayfield County, the credibility of even one witness can significantly bolster your motorcycle accident claim.
Video footage from traffic cameras or dashcams can provide an unbiased account of the accident. An experienced motorcycle accident lawyer will work to obtain this evidence before it is overwritten or deleted.
Dashcam footage, in particular, can show the moments leading up to the crash, highlighting any negligence in motorcycle accidents.
Detailed hospital bills and medical records documenting your injuries, treatment, and recovery timeline are essential to proving damages. These records also establish the link between the accident and your injuries.
In Wisconsin, your motorcycle accident lawyer may also coordinate with healthcare providers to obtain expert opinions on the long-term impact of serious injuries, including future medical bills.
Accident reconstruction experts can analyze the scene, vehicle damage, and other factors to determine how the accident occurred. For example, they can calculate the speed of the vehicles involved or explain how specific road conditions contributed to the crash.
Medical experts may also testify about the extent of the victim’s injuries and their long-term impact, which can be critical for cases involving catastrophic motorcycle accident injuries.
If the at-fault driver has a history of reckless driving or traffic violations, this information can support your claim of negligence. Obtaining these records can provide context for the driver’s behavior and help establish a pattern of disregard for road safety.
Statements from people who arrived at the scene shortly after the accident, including first responders, can add credibility to your case. First responders often have detailed observations about the accident scene, injuries, and any statements made by those involved.
Under Wisconsin’s comparative negligence rule, you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For instance, if you are found 20% at fault and your total damages are $100,000, you would receive $80,000. This makes it essential to minimize your perceived fault by presenting clear and compelling evidence.
Suppose the at-fault driver’s insurance company tries to argue that you were speeding. In that case, your motorcycle accident attorney can use expert testimony or dashcam footage to refute these claims.
At Mahony Law, we understand the complexities of motorcycle accident cases in Wisconsin. Our attorneys will thoroughly investigate your accident, gather the necessary evidence, and build a strong case to maximize your compensation.
Whether dealing with insurance companies or taking your case to court, we’re here to advocate for your rights every step of the way.
If you’ve been injured in an accident, don’t wait to seek help. Contact Mahony Law today for a free consultation to discuss your motorcycle accident claim and learn how we can help you work through Wisconsin’s legal system.
With expertise and dedication, our law firm will work tirelessly to achieve the best possible outcome for your personal injury lawsuit.
Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.
