Imagine you're enjoying a scenic ride through Wisconsin's countryside when, suddenly, a car veers into your lane, causing a collision. After a motorcycle accident, you may face extensive medical bills, lost income, and a long road to recovery. However, what happens if you bear some responsibility for the crash? How does Wisconsin law handle situations where both parties share fault?
At Hupy and Abraham, S.C., our Milwaukee motorcycle accident attorneys understand the unique challenges riders face when pursuing an injury claim. With over 50 years of experience advocating for accident victims throughout Wisconsin, Illinois, and Iowa, we're committed to helping you fight for the compensation you deserve. In this article, we'll explore how Wisconsin's comparative fault rules apply to motorcycle accident cases and discuss strategies for maximizing your recovery.
Understanding Comparative Fault in Wisconsin
Wisconsin follows a modified comparative fault rule, also known as comparative negligence, when determining liability in motorcycle accident cases. Under this system, the amount of compensation you can recover is reduced by your percentage of fault in the accident. However, if you are found to be 51% or more at fault, you are barred from recovering any damages.
For example, let's say you suffer $100,000 in damages from a motorcycle accident. If a jury finds that you were 20% at fault for the crash, your compensation would be reduced by 20%, allowing you to recover $80,000. On the other hand, if you were found to be 51% or more at fault, you would not be able to recover any compensation from the other party.
Determining Fault in Motorcycle Accidents
Establishing fault in a motorcycle accident case often involves a thorough investigation of the crash, including analyzing police reports, witness statements, and physical evidence. Some common factors that may contribute to a finding of comparative fault include:
- Speeding. If you were riding above the posted speed limit or too fast for road conditions, you may be assigned a portion of the blame.
- Lane Splitting. While lane splitting is not explicitly illegal in Wisconsin, it can be considered a risky practice that may increase your perceived liability.
- Failure to Yield. If you failed to yield the right-of-way when required, such as at an intersection or when merging, you may be found partially at fault.
- Impairment. Riding under the influence of alcohol or drugs can significantly increase your liability in an accident.
It's important to note that even if you believe you may have contributed to the accident, you should still consult with an experienced motorcycle accident attorney. Insurance companies often attempt to shift blame onto riders to minimize their financial responsibility. An attorney can help protect your rights and build a strong case on your behalf.
Strategies for Maximizing Your Recovery
When facing a motorcycle accident claim involving comparative fault, there are several strategies your attorney may employ to fight for maximum compensation:
- Challenging the Fault Allocation. Your attorney will thoroughly investigate the accident to gather evidence that supports your version of events and that challenges any attempts to assign you an unfair portion of the blame.
- Highlighting the Other Party's Negligence. By emphasizing the other party's negligent actions, such as distracted driving or failing to check blind spots, your attorney can work to minimize your comparative fault.
- Negotiating with Insurance Companies. Insurance adjusters often use comparative fault as a negotiating tactic to reduce settlement offers. Your attorney will be prepared to counter these arguments and fight for a fair settlement.
- Presenting a Strong Case at Trial. If a fair settlement cannot be reached, your attorney will prepare a compelling case to present to a judge or jury, demonstrating the other party's liability and minimizing your comparative fault.
Protecting Your Rights as a Wisconsin Motorcycle Accident Victim
Navigating complex motorcycle accident claims involving comparative fault can be challenging without the guidance of an experienced attorney. At Hupy and Abraham, S.C., we have a proven track record of success in representing motorcycle accident victims throughout Wisconsin.
Our attorneys understand the unique aspects of motorcycle accident cases and are committed to fighting for the compensation you deserve. We offer free consultations to discuss your case and provide guidance on your legal options. With our no-win, no-fee guarantee, you can feel confident that we will work tirelessly to protect your rights and maximize your potential recovery.
