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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.
With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.
Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.
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How do you determine who’s at fault in a serious Wisconsin motorcycle accident?
That’s why we went to law school.
Determining who is responsible for causing a traffic accident is far from simple, yet it is the crucial part of any attempt to recover compensation for our clients. A traffic crash near Appleton or Green Bay can involve a dozen or more people who are potentially at fault; proving where the blame lies is one of the hardest parts of a Wisconsin personal injury case.
There is a certain level of bias against motorcyclists in our society—so much so that a common reaction to any serious Wisconsin motorcycle accident is to blame the rider. That’s not only unfair, it’s also wrong in the majority of accidents involving two or more vehicles. We know from experience that police reports and witness statements can be in error. A good lawyer looks beyond those initial levels of evidence in order to find the truth.
At Hupy and Abraham, our Appleton bike crash lawyers are experienced in investigating issues of responsibility, liability, and negligence. You can learn more about our approach by ordering a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims.
A successful lawsuit begins with tracing the chain of cause and effect backwards to see whose actions (or inactions) made the accident happen. If that person acted in a way that a reasonable person could see would have a significant risk of harming others, then that person is said to have been negligent. A negligent person can be sued to recover the costs of all injuries, losses, and harms that proceed from his or her flawed decision; he is said to be liable for both economic and non-economic damages.
Responsibility: why is it so important?
Every motor vehicle accident in Wisconsin is unique, with a different set of people who could potentially be liable for damages. A typical list might include, among others:
- the drivers
- the manufacturer of your motorcycle, its tires, or other parts
- the people who repair or maintain the vehicles
- the business which owns a commercial vehicle involved in the accident
- the workers or government agency responsible for road upkeep or road signs
- the tavern owner who served alcohol to a drunk driver.
As you can see, determining who is really responsible for causing a traffic accident can be a bewildering puzzle involving many people. Proving fault can require in-depth investigation and even recreating the incident.
Proving fault or negligence is the linchpin for any Wisconsin personal injury case. If you have been involved in a serious Wisconsin motorcycle accident that was not your fault, you will find that hiring an attorney early in the process improves your chances of getting full compensation for all you have lost. For a free, no-obligation consultation with an experienced personal injury attorney, call Hupy and Abraham at 920-882-8382 (local) or (800) 800-5678 (toll-free). We sincerely want to help you.
My mother died while a patient in the hospital. I suspect that she wasn’t receiving proper treatment. How do I know if I have a Wisconsin medical malpractice claim?
Not all hospital deaths qualify as medical malpractice; however, medical malpractice is the leading cause of wrongful death in Wisconsin.
To file a Wisconsin medical malpractice claim, you must show that a medical professional or medical facility made a mistake or acted negligently and that your mother’s death was caused by that mistake or act. The best way to determine if you have a Wisconsin medical malpractice claim is to discuss your case with a Wisconsin injury lawyer with experience in medical malpractice claims. The attorney will be able to tell you if you qualify to file a Wisconsin medical malpractice lawsuit and if you qualify to receive compensation for your family’s loss.
Common types of medical malpractice claims in Wisconsin include:
- Failure to diagnose
- Misdiagnosis or wrong diagnosis
- Failure to treat
- Improper or unconventional treatment
- Failure to refer to a specialist
- Medication or pharmacy errors
- Birth injuries
- Emergency room errors
- Surgical mistakes and wrong side surgery
- Untreated infections
- Nursing home neglect
- Dental malpractice
- Chiropractic malpractice
- Physical or sexual abuse by a medical professional
If you suspect that your loved one’s death was caused by medical malpractice, don’t hesitate to contact a Wisconsin medical malpractice attorney. Wisconsin medical malpractice claims must be filed within three years after the death. To schedule a free consultation with a Wisconsin injury lawyer, contact Hupy and Abraham at 800-800-5678.
I was injured in a Wisconsin motorcycle accident. Nothing was broken, but I had severe road rash and had to be treated with skin grafts. Can I still claim compensation?
Many people believe that road rash is only a minor injury. If you fall off a bike or skateboard, you wrap your injury in gauze and you heal. However, Milwaukee accident lawyer Michael Hupy says that road rash from a Wisconsin motorcycle crash often qualifies as a severe injury. The high speeds involved in a motorcycle accident can abrade skin and muscle down to the bone. Severe road rash is more like a burn than a scrape. Severe road rash may require weeks or even months of hospitalization as well as surgical treatment. Road rash injury is very susceptible to infection and complications are not uncommon. In most cases, victims are left with permanent scarring or disfigurement.
The damages that a Wisconsin motorcycle accident victim is able to recover will depend on several factors. These include:
- The severity of your injuries.
- The circumstances of the accident.
- Whether you are able to resume your regular work after the injury.
- Any permanent scarring, disfigurement, or disability.
A Milwaukee accident lawyer can determine if you have a claim and if you are eligible for compensation for your medical expenses, lost income, pain and suffering, and more. He can help you deal with the insurance company and make sure that any settlement offer is fair. For more information, request a free copy of our book, The Ultimate Guide for Motorcycle Accident Victims or contact Hupy and Abraham at 800-800-5678. The initial consultation is free.
What more do I need to know about proper face and eye protection for Wisconsin motorcylists?
Proper face and eye protection is one of the most crucial steps a Wisconsin rider can take to prevent a disastrous wreck. Any state-approved head protection will enable you to maintain clear visibility as well as mobility while riding a motorcycle. The following are important facts to keep in mind when considering choosing face protection:
- Your face mask should be made of shatter-resistant plastic, enabling it to protect you in the event of a crash. Other benefits include protection from all sort of driving elements, such as wind, dust, rain, bugs, or pebbles kicked up by surrounding traffic.
- While goggles may provide sufficient facial protection, they will be of little help if you find yourself in need of full-face protection. Goggles will, however, prevent your eyes from watering due to wind, and certain types may shield your eyes from the brightness of the sun.
- Tinted eye protection, though highly beneficial during daylight hours, should never be worn at nighttime, as it can severeley inhibit visibility.
- Effective face and eye protection will be shatter-resistant, unscratched, and securely fastened. It will also be breathable, letting air pass through it to prevent fogging. Good face and eye protection will allow for extensive visibility as well as leave enough room for glasses if necessary.
If you’ve been injured in a Wisconsin motorcycle collision, call the experienced Madison bike wreck lawyers of Hupy and Abraham at 800-800-5678 or 608-277-7777 to order your FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victim. We offer a free and confidential initial consultation about your case, once you are ready to pursue your legal right for compensation for your losses.
What should I do if I have been injured in a Wisconsin motorcycle accident?
While defensive and careful motorcycle driving is the best way to prevent a Wisconsin motorcycle crash, chances are high that you will experience one at some point in your riding career. That’s why it is important to remember the following information to maximize your injury claim:
- Photographs can make or break your case. Always be sure to get photographs after an accident. Take pictures of the damage to your vehicle, damage to any public property, and injuries to yourself or your passenger. Taking a photograph of your injuries before visiting the hospital will give a better scope of their severity.
- Go to the hospital. In the eyes of the court and the insurance company, if you don’t have medical records documenting your injuries, you were not injured. Don’t worry if you don’t have health insurance; if you have a strong and well-organized injury claim your medical bills will be reimbursed later on.
- Keep in touch with your doctor. Being sure to follow-up with your doctor prevents what insurance companies refer to as “a gap in treatment,” which implies that your injuries must not have been that serious.
- Keep a diary. Depending on the severity of your injuries, there could be psychological and emotional repercussions to the change in your lifestyle. Record any depressed feelings.
- Record how much work you miss. If your injuries cause you to miss work or be unable to perform your job as well as before an accident, it is important to keep track of that information.
If you have been injured in a Wisconsin motorcycle collision and want to pursue compensation, call the Madison bike crash lawyers Hupy and Abraham toll-free at 800-800-5678 or locally at 608-277-7777. Our commitment is to work to recover every penny of compensation you deserve for your losses. There is never a charge for the initial consultation with our attorney. Just for calling, we will send you a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims, even if you do not hire us as your legal team.
I am a rider taking prescription medicine. What should I do to minimize the risk of a Wisconsin motorcycle crash?
If you are a Wisconsin motorcycle rider and you are unsure whether it’s safe to combine riding with prescription medicine, there are certain steps you can take to ensure safety while riding and prevent a Madison bike crash:
- Read the label carefully. This seems obvious, but you should pay attention to every warning on the label of your medication. Typically, a medication’s label will make it very clear whether or not it is safe to operate heavy machinery.
- Stay nourished. Keeping hydrated and well fed will diminish the negative side effects of the medication.
- Be alert for possible side effects. It is your responsibility to know the possible results of mixing your medication with other prescription drugs, alcohol, or even certain foods.
- Do not abuse the prescription. Be sure not to take more than the prescribed amount of medication, and to keep careful track of time between doses.
- When in doubt, talk to a doctor or pharmacist. Always ask your doctor before hitting the road after taking medication.
Keep in mind that the effects of certain medications on a motorcycle rider could be worse than riding while drowsy, or under the influence of alcohol. Being a safe Wisconsin motorcycle rider means responsibly handling your medications.
If you have been involved in a motorcycle crash in Wisconsin and have questions about the next step to take, call the experienced Madison bike crash lawyers of Hupy and Abraham at 800-800-5678 or608-277-7777to order your FREE copy of The Ultimate Guide for Motorcycle Accident Victim.
Do police and car drivers have a bias against motorcycle riders?
The short answer: yes.
There don’t seem to be any psychological studies proving scientifically that anti-rider prejudice exists. But most motorcycle riders have experienced it, and every experienced motorcycle injury attorney would tell you that the prejudice is real. There is a lot of speculation about where the prejudice comes from, but it’s all based on personal anecdotes.
A popular theory among riders is that media sensationalism is a big factor. In the 1920s, automobiles became the dominant form of private transportation, and since that time popular culture has depicted riders as careless or reckless people. Fiction, television, and movies often play up the image of the motorcyclist as a rebel who rejects social conventions, a “bad boy” who can’t be trusted. This viewpoint is part of the subconscious reaction most car drivers have to riders.
Another theory is that car drivers resent and fear the maneuverability and mobility of motorcycles. Two-wheeled vehicles are designed to handle more adeptly in traffic than larger automobiles, and some riders take fully advantage of that on the highway. Darting across lanes and between other vehicles isn’t particularly safe, and these maneuvers upset automobile drivers. Some car drivers simply envy riders who can continue to move forward when cars are stalled in traffic congestion. Many, perhaps most, car drivers have had a near-accident that they blame on a rider. The anxiety caused by some rowdy riders tends to spill over as a bias against all motorcyclists.
Another explanation, related to the previous one, is territoriality. A car driver likes to believe that he owns the road—or at least a little bit of it surrounding his vehicle. He becomes very defensive about the territory he has claimed. A driver perceives a highly maneuverable motorcycle that enters the car’s “personal space” to be threatening. A pack of riders traveling together on the highway can intimidate car drivers. These emotions are then projected to apply to all motorcycle riders.
Anti-rider bias and Wisconsin traffic accidents
There’s a direct connection between the bias against motorcycle riders and increased danger on Wisconsin highways. By far the most common reason car drivers give when asked why they collided with a motorcycle is, “I just didn’t see him.” Now, it’s true that a bike has a narrower profile than a car, and that it’s easier for a bike to be obscured in a car driver’s blind spot. But many people think that anti-motorcycle prejudice is probably a contributing factor to many Wisconsin traffic accidents. Car drivers subconsciously assign less importance to motorcycles, because they don’t see riders as deserving equal consideration on the road.
If you have been injured in a collision with a car or truck while biking in Wisconsin, you could benefit from the services of an experienced Appleton motorcycle wreck lawyer from the firm of Hupy and Abraham. Call us today at 920-882-8382 (local) or (800) 800-5678 (statewide toll-free) to get a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims, as well as your free riders’ Rights card. Read the book—it’s yours to keep, even if you don’t hire us. Once you are convinced that we know our business, call for a free, no-obligation consultation about your case. You’ll be glad you did.
I loaned my motorcycle to a friend and he got into an accident. Am I liable?
Maybe. Two laws may apply here that could shift liability for a motorcycle accident to you, even though you weren’t involved in the actual crash.
First, Wisconsin has a Safety Responsibility Law that could affect you. Strictly speaking, Wisconsin does not absolutely require that people driving motor vehicles carry insurance, but the Safety Responsibility Law was enacted in 1945 to encourage purchasing insurance. If your buddy was uninsured, and if the Division of Motor Vehicles determines that he was responsible for the Wisconsin traffic accident, then his license to drive and all his vehicle registrations will be suspended. Worse, because he was driving a borrowed vehicle, then the license and vehicle registration of the motorcycle’s owner—uh-oh, that’s you—will also be suspended.
Second, common law includes something called the dangerous instrumentality rule. Some objects—including motor vehicles operated on public streets—are considered inherently dangerous, requiring a special degree of care. If someone negligently uses a dangerous instrumentality and causes an injury, the common law rule says that the owner of the item—uh-oh, that’s you again—can be considered liable along with the item’s user. The legislature has specifically made the dangerous instrumentality rule part of state law (Chapter 941 of the Wisconsin Statutes), so it’s possible that criminal charges could be applied, too.
Untangling the knot of liability
It’s pretty clear that figuring out liability for a motorcycle accident in Wisconsin is not an easy task. It’s a job best turned over to your Appleton motorcycle crash attorney.
If you have suffered an injury in a Wisconsin traffic accident, call the Hupy and Abraham law firm at 920-882-8382 (local) or (800) 800-5678 (statewide toll-free) to get a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims. Once you are convinced that we know our business, call for a free, no-obligation assessment of your case. We want to help you recover every penny of compensation that is available for your injuries.
Are there things I can do to keep myself from getting into a Gurnee motorcycle crash at night?
You bet! Chances are, you will find yourself taking your motorcycle out at night from time to time, and you need to ride smart to stay out of a bike wreck in Gurnee.
The Motorcycle Safety Foundation gives the following tips for motorcycling at night:
- Be very careful when riding at dusk; it’s the most dangerous time on the road, when people are adjusting their vision to the loss of daylight and the onset of headlights. Be especially careful right after sunset.
- Slow down a bit when riding at night, especially on curvy roads.
- Use the light from both your headlight and the light from other vehicles to monitor the road surface. You will have more trouble identifying patches of gravel or obstacles on the road at night.
- Keep even more space between you and the vehicle you follow so you have more time to react to traffic situations in front of you.
- Wear a clear face shield that has no scratches. Scratches can refract the light, multiplying the number of headlights you see.
- Beware of drunk drivers at night. Note any vehicles that are weaving in and out of traffic or otherwise moving in an odd fashion.
All of us take our lives into our hands when we take to the road, especially at night. Be a responsible rider, and you may avoid a motorcycle accident in Gurnee. If you ever need a Gurnee bike wreck lawyer, contact Hupy and Abraham. Call us toll free at 800-800-5678 or locally at 414-223-4800. Complete our online contact form for a FREE, no-obligation consultation, or request our FREE book, The Ultimate Guide for Motorcycle Accident Victims.
What are some maneuvers I can use to avoid a Wisconsin motorcyle accident?
As a motorcycle rider, close calls come with the territory, and what you do in those moments can be the difference between experiencing and avoiding a collision that could result in injury or death. Below are some techniques for Wisconsin riders that may help prevent a crash:
- Brake gradually. Never fully slam on your brakes. Depending on the type of brake line your bike has, sudden braking could cause your bike to flip or spin out.
- Swerve where possible. Be aware at all times of possible escape routes in the event of a crash. Decide which lane is safest to swerve into in the event that you don’t have time to fully hit the brakes.
- Signal with lights and hands. If, for example, the car in front of you is about to do something that could cause a collision, do your best to communicate your presence WHILE taking measures to distance yourself from the car.
Though most skilled and educated riders know the above facts, it’s important to practice them to help make sure you have the presence of mind to execute these maneuvers in the split second before a collision.
If you are a rider who has been in a Wisconsin motorcycle crash, call the Madison motorcycle accident lawyers of Hupy and Abraham at 800-800-5678 or 608-277-7777 to order your FREE copy of The Ultimate Guide for Motorcycle Accident Victims.