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Boller & Vaughan is dedicated to protecting the rights of motorcyclists who’ve been injured in an accident.
It’s important to know your options if you’re ever injured in a motorcycle accident. The experienced team of motorcycle accident attorneys at Boller & Vaughan have put together some answers to frequently asked questions below.
If you’ve been injured in a motorcycle-related accident in Wisconsin, please call us at 608-268-0268 for your free consultation with one of our experienced lawyers.
According to Wisconsin’s department of transportation, there were nearly 2,000 motorcycle crashes in 2018. Of that total number, 81 motorcycle riders were killed. Nearly 1,700 motorcyclists were injured.
Motorcycle accidents are not uncommon in the state; in fact, the statistics show that crashes involving motorcycles happen almost every four hours on average.
Immediately following a motorcycle accident, there are some steps you can take to collect evidence and protect your rights.
This will prevent you, your passenger, or anyone else involved from being hit by another vehicle.
When they arrive, answer their questions honestly and give an accurate description of what happened. Do not admit blame or place blame on others. Request a copy of their police report.
Your health is your top priority. Furthermore, any doctor’s visits create official medical records, which can serve as important evidence if you file a claim for your accident.
While waiting for law enforcement to arrive, gather names, contact information, and insurance information from everyone involved in the accident. Gather names and contact information from any witnesses, too.
Take photographs of where the accident occurred, your motorcycle and its damage, skid marks or gouge marks, the other vehicle, and your injuries. Document anything that may have played a part in your accident.
Contact a motorcycle accident attorney, who can guide you through the next steps. The personal injury lawyers at Boller & Vaughan serve Wisconsin residents and ensure they receive the compensation they deserve.
Don’t speak to the other driver or their insurance company without talking to a lawyer first.
The other party’s insurance company will often try to contact you soon after an accident to discuss your case. They may ask you for a written or recorded statement.
If you agree to do this while you’re recovering from injuries, without the aid of a lawyer, you may agree to a settlement that’s less than what you deserve.
An experienced motorcycle accident attorney will help you gather evidence to prove your case and calculate a fair compensation amount for you. They can also negotiate with the other party’s insurance company while you recover.
There is no law in Wisconsin requiring you to wear a motorcycle helmet. While motorcyclists are strongly urged to wear protective gear like helmets, eye protection, heavy-duty clothing, boots, and gloves, it’s not mandatory.
However, failure to wear a helmet may impact your case. You need to speak with an experienced injury attorney to determine your rights.
In Wisconsin, only motorcycle operators and passengers who are under 18 or those who are operating with a learner’s permit are required to wear a helmet.
This will depend on the cause of your accident, and can also depend on factors that contributed to the seriousness of your injuries, not just the accident itself.
For example, if you hit a sign that should have been mounted on a breakaway pole, but was not, the sign did not cause your accident, but may have made your injuries substantially worse than they would have been had the sign been constructed properly.
A motorcycle accident lawsuit can have more than one defendant. Responsible parties can include:
Defective protective gear, poor maintenance or repair, the quality of roads, malfunctioning replacement or custom bike parts, and many other factors can hold several people at fault for your accident.
Every accident and personal injury case is different; the damages you’re eligible for will depend on your injuries and the situation. In general, you might be able to seek compensation for:
The amount of compensation you receive depends on the percentage of fault you’re assigned for the accident. If you’re found to be 20 perc at fault for the accident, your compensation will be decreased by 20 percent. If you’re 50 percent or more at fault, you cannot receive any compensation.
To an insurance company, court, or defendant in a case, your motorcycle is worth what the market says it is worth. Fair market value is what the current market is willing to pay for your motorcycle secondhand, in good condition.
If you’ve added custom and aftermarket parts to your motorcycle, that means you may not receive its true value in your payout from insurance companies. Determining and proving the true value of your bike requires the expertise of an experienced motorcycle accident lawyer.
Even if you’re certain that the accident was not your fault, a motorcycle accident attorney can ensure that you’re not assigned blame or even partial blame for it. If you are found partially to blame, you may not get the full compensation amount you truly deserve.
Wisconsin is an at-fault state (also called a “tort” state), which means the person who is found at-fault in an accident is responsible for paying the other person’s damage costs.
Fault can be shared by those involved in an accident, and fault is represented in percentages. Under Wisconsin’s comparative negligence law, if you are 50 percent or more at fault, you cannot collect any damages from the other driver. If you’re less than 50 percent at fault, you can collect damages minus the percentage of your fault.
That’s why it’s important to have a motorcycle accident attorney fight for a fair amount of compensation on your behalf. Our Madison motorcycle accident lawyers know how to stand up to insurance companies and help you get the compensation you need.
In Wisconsin, the personal injury statute of limitations is three years. That means you have a three-year deadline from the date of the accident to file a claim with the court.
If more than three years have passed and you attempt to file a claim anyway, the defendant will most likely file a motion to dismiss the case. The court will typically agree with the dismissal.
If you or a loved one has been injured or killed in a motorcycle accident in Madison or anywhere in Wisconsin, please call the Wisconsin motorcycle accident attorneys at Boller & Vaughan. You can reach us at 608-268-0268 or contact us online.
Your initial legal consultation is free and, if we agree to handle your case, we will work on a contingency fee basis. That means we get paid for our services only if there is a monetary recovery of funds. In Wisconsin, a personal injury lawsuit must be filed before an applicable expiration date, known as a statute of limitations.
Please call Boller & Vaughan right away to ensure that you do not waive your right to possible compensation: 608-268-0268.
We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
