Filing a motorcycle accident lawsuit can be essential for getting the compensation you deserve when you’re hurt in an accident in Milwaukee. If successful, you could receive economic damages, such as medical bills and wage losses, and noneconomic damages, such as pain and suffering.
Wisconsin Statute of Limitations for Motorcycle Accident Cases
Knowing the Wisconsin statute of limitations is crucial for your motorcycle accident case, as it sets a two-year deadline for filing a lawsuit. If you miss this deadline, your case may simply get thrown out by the court, meaning you may lose your right to pursue compensation for medical bills, motorcycle damage and other losses.
Wisconsin Laws for Motorcycle Drivers
Motorcycle accident statistics show that riders are almost 30 times more likely to die in an accident than other motorists and four times more likely to get injured. When you’re involved in a motorcycle accident in Milwaukee, understanding the relevant Wisconsin laws that impact your rights is crucial.
- Government immunity. Wisconsin law imposes stricter rules when your motorcycle crash was caused by government negligence, such as a road defect. For example, you’ll have to file a notice of claim within 120 days to be eligible to sue.
- Caps on damages. Wisconsin has no general caps on damages except for punitive damages and government claims. Punitive damages are capped at twice the compensatory damages or $200,000 (whichever is greater). Government claims are capped at $250,000.
- Insurance requirements for motorcyclists. In Wisconsin, motorcyclists must carry liability insurance with the following minimum coverage: $25,000 for injury or death of one person, $50,000 for injury or death of two or more persons and $10,000 for property damage.
- Helmet laws. Under Wisconsin law, motorcycle riders and passengers under 18 years old or with an instructional permit must wear helmets. Using helmets and other protective gear is strongly encouraged but optional for adults with a full license.
Identifying Fault for Motorcycle Accidents in Wisconsin
In Wisconsin, the party at fault for your accident is generally responsible for paying for your damages, which is why determining fault is crucial. Fault is established by looking at the evidence, such as photos and videos of the crash, eyewitness statements and traffic camera footage. In complex cases, expert witnesses, such as accident reconstruction professionals, help determine who is at fault.
Wisconsin follows a modified comparative negligence rule. Under this law, you can still recover compensation as long as you are 50% or less at fault for the motorcycle crash. However, your compensation will be reduced according to your percentage of fault. For example, if you are 30% at fault for the collision, you can receive only 70% of your damages.
