A Milwaukee motorcycle accident lawyer helps injured riders recover compensation from the driver who caused the crash, and helps push back when an insurer tries to blame the rider instead. At Lindner Law, LLC, we represent motorcyclists and passengers hurt across Milwaukee County and Wisconsin, and you work directly with the attorneys handling your case.
Motorcycle crashes tend to cause serious injuries, and riders often face assumptions about fault that drivers in cars do not. The consultation is free, you pay no attorney fee unless we recover compensation for you. You can reach us 24/7 at (414) 271-5300.
Why Motorcycle Claims Are Different
A motorcycle offers almost no protection in a collision, so a crash that would leave a driver bruised can leave a rider with broken bones, a spinal injury, or a brain injury. That severity raises the stakes of the claim, and insurers know it.
Riders also run into a credibility problem. Adjusters, and sometimes jurors, may assume the rider was speeding, weaving, or showing off, even when the evidence says the other driver simply failed to look. Our job is to replace assumptions with evidence: where each vehicle was, how fast it was moving, what the driver could see, and what the driver did.
Where Milwaukee Motorcycle Crashes Happen
Milwaukee has a deep motorcycle culture, and riding season brings heavy bike traffic from spring through fall, especially around summer festivals and large riding events. Many of the crashes we see follow a familiar pattern:
- A driver turns left across the rider's path at an intersection on a road like Capitol Drive, Highway 100, or Lincoln Avenue
- A driver pulls out of a parking lot or side street without seeing an approaching motorcycle
- A driver changes lanes into a rider on I-94, I-43, or I-894
- A driver rear-ends a motorcycle stopped in traffic
- A rider is forced to swerve by a driver drifting across the center line on a curve, including along the lakefront and on county roads outside the city
Road conditions play a part too. Potholes, gravel, and uneven pavement that a car barely notices can throw a motorcycle off balance, and in some cases a government body or contractor responsible for the road may share the blame. Those claims carry short notice deadlines, discussed below.
Wisconsin's Helmet Law and Your Injury Claim
Wisconsin has a partial helmet law. Under Wis. Stat. § 347.485, a rider must wear an approved helmet only if the rider is under 18 or holds a motorcycle instructional permit, and a passenger under 18 must also wear one. All riders must use eye protection, such as a face shield or goggles, unless the motorcycle has a windshield that meets the statute's requirements.
What matters most for an injury claim is how the helmet question affects compensation. For a rider who was not legally required to wear a helmet, Wisconsin law says the failure to wear one shall not reduce recovery for injuries in a civil case, and evidence about helmet use generally is not admissible at all.
Wisconsin's civil jury instruction on protective headgear explains that the legislature adopted this rule in 2004 to override an earlier court decision that had allowed juries to reduce damages for riders who chose not to wear helmets.
The rule is different for riders who were required to wear a helmet, such as a 16-year-old or an adult riding on an instructional permit. In those cases, an insurer can still argue that not wearing a helmet made the head injuries worse, and a jury may be asked to consider that separately from who caused the crash.
If you or your child fall into that group, the details of the injuries and the medical evidence become especially important.
Either way, an adjuster may still bring up the helmet in conversation to make you feel your claim is weak. For most adult riders in Wisconsin, it should not change what you can recover.
Other Fault Arguments Riders Face
Insurers use other arguments to shift blame onto riders, most often speed, lane position, and visibility. Under Wisconsin's comparative negligence statute, a rider can recover as long as the rider's negligence is not greater than that of the driver being pursued, with damages reduced by the rider's share of fault. If a jury values a rider's damages at $300,000 and finds the rider 15% at fault for traveling slightly over the limit, the rider would recover $255,000.
The evidence that answers these arguments includes skid marks and the final resting positions of the vehicles, damage patterns on the bike and the car, surveillance and dashcam video, data from the car's event data recorder, the rider's helmet camera if there was one, and witness accounts. Accident reconstruction experts can often show that even a rider going the speed limit would not have had time to avoid a driver who turned left without looking.
Injuries in Milwaukee Motorcycle Crashes
Because riders are exposed, motorcycle crashes produce some of the most serious injuries we see:
- Traumatic brain injuries, which can occur even when a rider is wearing a helmet
- Spinal cord injuries, including partial or complete paralysis
- Fractures of the legs, ankles, pelvis, arms, and wrists, often requiring surgery and hardware
- Road rash severe enough to need skin grafts, and the infections that can follow
- Facial injuries, dental damage, and permanent scarring
- Amputations and crush injuries
Many of these are catastrophic injuries that change how a person works, moves, and lives for years afterward, and that reach far beyond the hospital bills.
Traumatic brain injuries are a focus of our practice. After a motorcycle crash, a rider may have obvious injuries that draw all of the medical attention while a concussion or more serious brain injury goes unrecognized.
Memory problems, trouble concentrating, headaches, mood changes, and fatigue deserve a proper evaluation, and we make sure those effects are documented as part of the claim.
Who Pays After a Motorcycle Crash
In most cases, the at-fault driver's auto liability insurance pays first. Wisconsin requires at least $25,000 per person in bodily injury liability coverage, according to the Wisconsin Office of the Commissioner of Insurance. For a rider with surgery and months away from work, that minimum is often not close to enough.
When the driver's coverage runs out, we look to other sources. Your motorcycle policy may include uninsured and underinsured motorist coverage and medical payments coverage, and depending on how your policies are written, household auto policies may also apply. The exact coverage depends on the policy language, so we request and review every policy that might be involved rather than relying on what an adjuster tells you is available.
What Compensation Can Cover
Compensation after a Wisconsin motorcycle crash may include past and future medical expenses, rehabilitation, lost income, reduced earning ability, pain and suffering, scarring and disfigurement, and loss of enjoyment of life, including the loss of riding itself. It may also include repair or replacement of the motorcycle and damaged gear such as helmets, jackets, and boots.
When a crash is caused by a drunk driver, Wisconsin law allows punitive damages in addition to compensation. Under Wis. Stat. § 895.043, the usual cap on punitive damages does not apply to a defendant who was driving under the influence of an intoxicant to a degree that made safe operation impossible.
Injured Passengers and Families Who Lost a Rider
Passengers on motorcycles are often hurt as badly as the rider, and they are rarely at fault. A passenger may have a claim against the driver of the other vehicle, against the motorcycle operator, or against both, depending on what caused the crash.
Because those claims can involve the same insurance policies, the order in which they are presented and how limited coverage is shared can matter a great deal. We help passengers understand those options, including when a claim against a friend or family member who was riding is really a claim against that person's insurance.
When a crash takes a rider's life, Wisconsin law allows certain family members to bring a wrongful death claim. Those claims can cover funeral and medical expenses, the loss of financial support, and the loss of the person's companionship. We understand that no legal claim can make up for losing someone, and we handle these cases with the patience families need.
Our published results include motorcycle wrongful death cases in which families recovered the full available policy limits. Keep in mind that the two-year filing deadline for wrongful death claims from motor vehicle crashes is shorter than the deadline for injury claims.
How We Work With Injured Riders
Our firm is small by design. When you call, you talk with an attorney, and that attorney stays involved as your case moves forward. Founding attorney Miles G. Lindner and attorney David J. Bischmann lead a team that keeps clients informed and returns calls.
We start by listening to how the crash happened, then move quickly to preserve the bike, the gear, the scene evidence, and any video before it is lost. While you focus on recovery, we handle the insurers and keep track of your treatment so the full cost of the injury is documented when it is time to negotiate.
Deadlines for Milwaukee Motorcycle Accident Claims
Wisconsin's statute of limitations generally gives an injured rider three years to file a lawsuit. When a rider is killed, the family's wrongful death claim arising from a motor vehicle accident must generally be filed within two years.
If a pothole, road defect, or government vehicle contributed to the crash, Wis. Stat. § 893.80 generally requires written notice within 120 days and generally limits recovery against the government body to $50,000 per claimant. Other rules can change these deadlines in particular cases, so early advice matters.
What to Do After a Motorcycle Accident
If you are able, these steps help protect both your health and your claim:
- Get medical care right away and tell the providers about every symptom, including headaches and confusion.
- Make sure the police document the crash, and request the report number.
- Keep your helmet, jacket, and other gear exactly as they are, because damage to them can show how the crash happened.
- Do not repair the motorcycle until it has been photographed and inspected.
- Avoid recorded statements to the other driver's insurer until you have advice.
Those steps preserve evidence that often disappears within days. If you missed some of them, you may still have a strong claim.
Results in Motorcycle Accident Cases
Our published case results include:
- A $1.72 million settlement for a rider struck by a drunk driver who turned left into the rider's path
- A $925,000 settlement for a rider with multiple leg fractures that required surgery
- A $900,000 settlement for a rider hit by a driver pulling out of a grocery store parking lot
- A $540,354.62 jury verdict in a motorcycle case where the jury was not persuaded by defense surveillance video.
Every case turns on its own facts, and past results do not predict future outcomes.
Frequently Asked Questions About Milwaukee Motorcycle Accidents
What causes most motorcycle accidents with cars?
One of the most common causes of motorcycle crashes with cars is a driver turning left in front of an oncoming motorcycle, usually because the driver misjudged the bike's speed or did not see it. Drivers pulling out from side streets and changing lanes into riders are also frequent causes. In these crashes, the driver who failed to yield is usually the one at fault.
How much is a motorcycle accident claim worth in Wisconsin?
A Wisconsin motorcycle accident claim has no set value, because the amount depends on the injuries, medical costs, lost income, long-term effects, fault, and available insurance. Because motorcycle injuries tend to be severe, these claims are often larger than typical car accident claims. The insurance coverage available frequently limits what can be recovered in practice, which is why identifying every policy matters.
Does my car insurance cover a motorcycle accident in Wisconsin?
Whether your car insurance covers a motorcycle accident in Wisconsin depends on how the policy is written, since many auto policies treat motorcycles separately. Your motorcycle policy is usually the first place to look for your own uninsured, underinsured, and medical payments coverage. Reviewing the actual policy language, not just the declarations page, is the only reliable way to know.
Can I recover the cost of my motorcycle and riding gear?
Yes, a rider in Wisconsin can recover the cost to repair or replace the motorcycle and damaged riding gear from the at-fault driver, along with injury damages. Keep receipts or photos showing the value of custom parts and gear. Property damage is often handled separately from the injury claim and may be resolved sooner.
How long does a motorcycle accident case take in Milwaukee?
A Milwaukee motorcycle accident case often takes longer than a typical car accident case because the injuries usually require extended treatment, and the claim should not be valued until recovery has stabilized. Cases with clear fault and completed treatment can resolve in months. Cases with disputed fault or permanent injuries may take a year or more, especially if a lawsuit is filed.
Talk With a Milwaukee Motorcycle Accident Attorney
After a crash, you deserve a clear explanation of your rights, including the helmet rules and what the insurer is likely to argue, from someone who takes riders seriously. Our Milwaukee office holds a 4.9-star rating across 400+ Google reviews.
Call Lindner Law, LLC at (414) 271-5300, any time, for a free consultation with our Milwaukee injury attorneys. We also serve riders through our Appleton office.
The information on this page is general and is not legal advice. Reading it does not create an attorney-client relationship. Results depend on the specific facts of each case.