Riding a motorcycle can be exhilarating: the purr of the engine, the freedom of the open road! However, the joy of riding can turn to horror if you are involved in a serious motorcycle accident. Motorcycle accidents happen frequently; Wisconsin has experienced more than 300 fatal motorcycle crashes this year, and recently in July, a River Falls, Wisconsin man sustained a serious leg injury in a motorcycle crash. Accidents like this present fundamental legal questions about the state’s contributory fault rules.
Motorcycle accident lawsuits fall under the category of personal injury law. If more than the rider of the motorcycle is involved in the accident, Wisconsin contributory negligence laws prescribe that the actions and in-actions of all parties involved in the accident be reviewed for fault in a personal injury case.
Wisconsin Negligence Law
Motorcyclists are considered equal to other drivers within the state Department of Motor Vehicle (“DMV”) classification; all drivers and riders are owed the same duty of care while on the road. The negligence “calculus” is applied by Wisconsin courts. If another driver’s negligence has caused the motorcycle accident, the injured person has a meritorious claim.
The party identified to be the negligent party will be responsible for a plaintiff’s recovery of economic and non-economic damages in a motorcycle accident claim. At-fault or negligent parties may include all drivers; the manufacturer, parts supplier, or maintenance specialist of the motorcycle or vehicle; as well as the business owner of a commercial vehicle; and potentially even government contractors responsible for road work on site.
Contributory Fault in an Accident
Tort law rules in Wisconsin include the rule element of comparative negligence in personal injury cases. Wisconsin courts require that an injured person prove the at-fault party’s negligence was a cause of the accident. If the injured person was a percentage at fault, the injured person’s recovery of money damages will be reduced by that percentage. The injured person must be no more at fault than the other party in order for the injured person to recover money on the claim.
Protect yourself and your family from exorbitant costs associated with a motorcycle accident. A licensed attorney specializing in personal injury law can assist you in the recovery of due compensation in a motorcycle accident injury case.
Personal Injury Law Firm
Board Certified by the National Board of Trial Advocacy, Bye, Goff & Rohde attorneys serve clients in Minnesota and Wisconsin. Contact “The Personal Injury Trial Lawyers” at Bye, Goff & Rohde for legal consultation in a motorcycle accident matter.
See Related Blog Posts