Table of Contents
Motorcyclists embrace the freedom of riding with the wind along with running an increased risk of injury in a motorcycle accident. To some, they are a special breed. But there’s nothing special about what too many motorcyclists face if they have been injured in an accident.
Motorcycle riders injured in accidents – and family members of motorcyclists killed in accidents – have the same rights as motorists to be fully compensated for their losses. But, too often, insurers balk at paying appropriate settlements for motorcyclists’ medical care, property damage, lost income, pain, suffering, and more.
Lindner Law LLC., represents injured motorcyclists and their families in Appleton, Green Bay, Milwaukee, and other communities of the Fox Cities in Wisconsin. For more than four decades, our attorneys have helped motorcycle accident victims obtain proper compensation from those who are responsible for serious accidents and injuries.
Our motorcycle accident claims team can handle every aspect of your personal injury or wrongful death claim after a motorcycle crash. We will work to recover the insurance settlement you are legally entitled to receive, and help you get your life back in order. We’ll fight insurers, creditors and others on your behalf, so you can focus on recovery from injuries you suffered in your accident. Our law firm can also help you if you need a car accident lawyer in Appleton.
No Cost, No Fee, VIP Guarantee: If you are not satisfied with how we are handling your motorcycle accident case within the first 30 days of hiring our firm, you may take your file from our office and you will owe us nothing with no questions asked. LEARN MORE
If you need an attorney nearby, we also have motorcycle accident lawyer in Green Bay.
Get VIP Service
From Our Attorneys Today!
7 Ways Motorcycle Accident Cases Are Different
Not only is a motorcyclist more likely to die or be injured in an accident than someone in a car or truck, a motorcycle rider or their family is also likely to find it harder to obtain an appropriate insurance settlement after a crash someone else has caused.
At Lindner Law LLC., we have witnessed insurance adjusters, at-fault motorists, opposing attorneys and others working hard to deny injured motorcyclists the compensation they were entitled to receive after serious motorcycle accidents. We know what happens and how to keep it from happening to you.
Here are seven issues that make motorcycle accidents and subsequent insurance claims tougher than what other motorists typically face:
1. Serious injuries are more likely. Motorcyclists don’t have the protection of a vehicle’s body in an accident. In fact, a bike is quite likely to fall onto a rider in an accident, which can cause additional crushing injuries. A motorcycle rider involved in a crash faces a greater likelihood of injuries that are fatal, disabling or disfiguring than a motorist in a car or truck. These kinds of injuries are more costly, as well. They include:
- Traumatic brain injury (TBI)
- Facial injuries
- Chest and abdominal injuries that damage vital organs
- Injuries to the back and spinal cord that can cause paralysis
- Lower-extremity injuries, including broken legs and hips
- Loss of limbs, hands, fingers, feet or toes (traumatic or surgical amputations)
2. Other motorists cause accidents and then blame the biker. A well-known study of motorcycle accidents commonly known as “The Hurt Report” said about 75 percent of motorcycle accidents involved collisions with another vehicle, usually a passenger car. The “predominating cause” of motorcycle accidents was the failure of motorists to detect and recognize motorcycles in traffic. After a motorcycle accident, we’ve all heard it said: “He came out of nowhere” or “I didn’t see her.”
3. Cars violate motorcyclists’ right-of-way. The Hurt Report also said 66 percent of collisions between motorcycles and passenger vehicles happened because the other driver intruded on the motorcyclist’s right of way. Most occurred as a motorcycle moved straight ahead and the automobile turned in front of it. Other motorcycle crashes happen because cars pull out from side streets, alleys or driveways in front of motorcyclists, or run into them while changing lanes in traffic.
4. Other drivers often rear-end motorcyclists. Because they are much lighter, motorcycles stop faster and in shorter distances than cars and trucks. This makes motorcycles more likely to be hit from behind, particularly if the other motorist has not left enough space. When a car hits a motorcycle from the rear, it can lift and flip the bike, slamming the rider to the pavement and dumping the bike onto them. A motorcyclist hit from behind may be thrown from the bike and struck again or run over, either by the motorist who originally stuck them or by another vehicle.
5. Motorcyclists have only a second to react. The Hurt Report said that in most cases a motorcycle rider has less than 2 seconds to avoid a collision, such as when a car suddenly turns in front of them. Even the most skillful rider is unlikely to be able to swerve or brake quickly enough and keep their bike under control. It just doesn’t work like that on two wheels. If there is time to react, the motorcyclist’s best choice may be to lay their bike down and hope for the best with road rash, scrapes, cuts and bruises, rather than slam into a car or truck at speed.
6. Road hazards can wreck motorcycles. Unexpectedly hitting a pothole, rut in the road, loose gravel or sand, puddling water, etc., can cause any motorcyclist to lose control of their bike and crash. If your motorcycle accident was caused by neglected road maintenance or faulty design or construction, you may be able to seek compensation from the local government responsible for the roadway and/or contractors that built it.
7. Motorcyclists face prejudice other drivers don’t. Motorcycles have grown in popularity in recent years, and we are a long way from the days of thinking of all motorcyclists as rebels or gang members. But the government still sponsors “share the road” campaigns to remind motorists that motorcycle riders have a right to use public roads, and each May is Motorcycle Safety Awareness Month. This is just one indicator that many motorists still have a disregard, if not resentment, for motorcyclists that is not directed at other motorists. This often translates to more difficulty when injured motorcyclists seek justice following an accident.
A careless or reckless motorist who has caused a motorcycle accident can and should be held accountable. There’s no excuse for not looking for motorcycles before making a turn, cutting them off in traffic, or tailgating and then rear-ending an innocent rider. Motorists have the same duty to look out for motorcyclists as they do for other motorists.
Lindner Law LLC., will not let a negligent motorist blame you or a loved one of yours for a motorcycle accident. We won’t stand by as you are denied compensation from an insurance company that is legally obligated to pay you a fair and full settlement.
Lindner Law LLC., will fight for every bit of compensation you deserve for losses suffered in a serious motorcycle accident. We can also handle every aspect of your motorcycle accident claim, from locating your bike and initiating a property damage claim, to making sure you have proper medical care.
We will be advocates for you, and our staff will treat you with the compassion and respect you deserve.
If you’re looking for a lawyer nearby, we also have motorcycle accident attorneys in Milwaukee.
Compensation in an Appleton Motorcycle Accident Claim
Compensation available to the plaintiff (injured party) in most motorcycle accident claims is limited by the amount of liability insurance coverage the responsible party or parties (defendants) hold.
In Wisconsin, a motorcyclist must obtain liability insurance that provides coverage worth at least:
- $10,000 for property damage in a single accident
- $25,000 for bodily injury or death of one person in a single accident
- $50,000 for bodily injury or death of more than one person in a single accident
Most motorists buy only the minimum auto liability coverage required and, unfortunately, many do not buy insurance at all. However, Wisconsin also requires motorcyclists to buy uninsured motorist (UM) coverage. At a minimum, UM coverage in Wisconsin must provide:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to two or more people.
Wisconsin UM coverage does not pay for property damage.
We would help you obtain a proper UM payout if the driver who caused your accident had no insurance.
Additional insurance coverage may be applied to some motorcycle accident claims. For example, if the at-fault driver was on the job at the time of your accident, we could help you seek compensation through their employer’s business liability insurance.
Once we have investigated and determined responsible parties in an accident and all applicable insurance coverage, we present insurers with claims for compensation. Each claim would demand payment to reimburse you for past, current and future:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
Wisconsin also applies a contributory negligence law to personal injury claims, including those based on motorcycle accidents. This law requires that if the plaintiff is in any way at fault for the accident or injury, the amount of compensation they are awarded will be reduced in proportion to the amount of negligence attributed to them.
This means a motorcyclist who is found to be 20 percent responsible for an accident would have a $100,000 jury award be reduced to $80,000. If a jury decides the motorcyclist’s negligence is more than the other party’s (assigning 51 percent or more to the motorcyclist), the motorcyclist will not be compensated for their losses.
As your legal advocates, Lindner Law LLC., would work to mitigate the impact of any fault you may bear for the motorcycle accident that injured you. We would also strongly dispute any false or exaggerated allegations made to unfairly put blame on you.
Contact Our Motorcycle Accident Attorneys in Appleton, Wisconsin
If you or a loved one of yours has been injured in a motorcycle accident in Appleton, Wisconsin, or another Fox Cities community, Lindner Law LLC., will stand up for your rights. You can turn to us for the dedication and legal skill required to develop a motorcycle accident claim that recovers the maximum compensation available to you.
Lindner Law LLC., has more than 40 years of experience pursuing personal injury claims, and employs 16 lawyers and more than 100 investigators, damage specialists, paralegals, legal secretaries and other support staff. Our depth of resources and experience has allowed us to recover tens of millions of dollars for thousands of individuals and families.
Contact us today for a free, no-obligation conference about the legal options available to you for a motorcycle accident claim. We’ll advocate for you, and fight to recover compensation to ensure your financial security. We will not charge you legal fees unless and until we have obtained money for you.