Motorcycle Accident FAQ

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First, you need to know what Wisconsin law requires. Under the law, you must prove “financial responsibility,” or the ability to pay for the personal injury and property damage you may cause in a crash. You can show this responsibility by having a bond from an insurance company, making a $60,000 cash deposit with the Wisconsin Department of Transportation (WisDOT) or carrying liability insurance. If, like most motorcycle riders, you choose the insurance option, you must have a policy with the following minimum limits:

• $10,000 for property damage per accident
• $25,000 for personal injury per person
• $50,000 for personal injury per accident.

You must also have uninsured motorist (UM) coverage. This insurance covers your losses if a person hits you who has no insurance or flees the scene in a hit-and-run. In some cases, you can buy UM that covers your passengers, too.

Second, you need to consider what reality demands. If you cause an accident, you could cause damage that exceeds the minimum liability limits. At the same time, if an uninsured or hit-and-run driver hits your motorcycle, then your losses may very likely exceed the minimum amounts.

So, you should consider buying coverage above the minimum requirements. Sure, you will pay higher premiums. However, if you get into a crash, you will be glad that you have the higher coverage.

Additionally, you may consider getting other types of coverage such as:

• Medical payments coverage that covers your medical bills and even your lost wages, regardless of who caused the accident
• Underinsured motorist (UIM) coverage that pays the difference between what an at-fault driver’s insurance covers and your total losses (up to your policy limits)
• Collision and comprehensive coverage that pays for damage to your vehicle in crash, regardless of who was at fault, or damage that happens due to a fire, flood or collision with an animal.
• Accessory coverage that covers damage to custom features you add to your bike such as chrome parts, handlebars or stereo equipment.

The bottom line: Make sure that you get motorcycle insurance that complies with Wisconsin law and also covers the costs you would realistically face if you ever get into a motorcycle accident in Milwaukee or elsewhere.

Because a motorcycle lacks structural protection and restraints, you can suffer severe injuries if you collide with a vehicle or get thrown from your bike. However, if you wear the right protective gear, you could possibly avoid life-changing injuries.

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Let’s start with the helmet. Under Wisconsin law, you must wear a helmet only if you are under age 18 or have a motorcycle rider learner’s permit. Otherwise, you can ride helmet-free. However, if you ride with a helmet regardless of whether the law requires it, you will better protect yourself. For instance, one study found that helmet use cuts your risk of head and brain injury by roughly 69 percent and your risk of death by 42 percent.

You should wear a helmet that fits snugly, meets U.S. Department of Transportation safety standards and features eye protection. Additionally, you should always wear other protective gear such as:

• A long-sleeved shirt or heavy jacket
• Heavy pants
• Gloves
• Sturdy boots or shoes.

You can also reduce your risk of getting into a crash if you wear bright, visible colors or clothes with reflective material.

If you get into a motorcycle accident, you should seek medical attention right away. You need to get checked for injuries as soon as possible for two important reasons:

• Your health – The sooner you get diagnosed and started on a course of treatment, the better off you will be in the long run. Even if you think that you suffered only minor injuries, you should get checked. Many types of brain, spine, soft tissue and organ injuries are not immediately apparent.
• Your claim – If you wait too long after a crash before you get medical treatment, you open the door for an insurance company to argue that your injuries are not related to your accident or as severe as you claim.

If you have concerns about costs, Gruber Law Offices can work with health care insurers and medical providers to ensure you get the care you need.

Talking with an insurance company before you talk with a lawyer is the biggest misstep you can make after a motorcycle crash in Wisconsin. However, it is also an easy mistake to make. An insurance company may contact you shortly after an accident and catch you at a vulnerable time.

If an insurer contacts you, then you need to remember: The insurer wants to save money by denying or minimizing your claim. So, the insurer may ask for a statement, which it can later use against you, or the insurer may offer a settlement that fails to fully cover all of your losses.

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On the other hand, your lawyer will be out to protect you and maximize the amount you recover. For this reason, you should not give a statement or sign any papers until you speak with a lawyer first. You can actually just refer the insurer to your lawyer. A lawyer from Gruber Law Offices, for instance, will deal with the insurer while you focus on your health and your family.

For many reasons, you should contact an attorney as soon as possible after you get hurt or lose a loved one in a Milwaukee motorcycle accident. A lawyer will take immediate steps to protect your right to full and fair compensation. For instance, the lawyer will:

• Investigate your case to determine why your motorcycle wreck occurred, who is responsible and how much you suffered in losses
• Deal directly with the insurance company on your behalf and try to secure a settlement for you without the need to go to court or even file a lawsuit
• File all required paperwork with the insurance company and, if necessary, file proper documents in court.
• Take your case to trial if the insurer refuses to agree to a settlement that justly compensates you.

Timing is important in motorcycle accident cases. Under Wisconsin law, you must file a personal injury lawsuit within three years after the date of an accident or a wrongful death lawsuit within three years after the death of a loved one. Your lawyer will need time to prepare your case. So, don’t wait to call Gruber Law Offices and get started on your case.

Every case is different. The amount you seek in a motorcycle accident lawsuit will depend on many factors, including the nature and extent of your damages and the amount of available insurance coverage.

At Gruber Law Offices, our attorneys will fully assess the value of your case, and we will aggressively pursue compensation for you from all sources of compensation. Our founder and CEO, David Gruber, believes that every one of our clients deserves that hard work and dedication no matter how much their case is worth.

As we work on your case, we can seek damages that may include:

• Past and future medical expenses
• Lost past wages and diminished future earning capacity
• All other accident-related out-of-pocket costs
• Pain and suffering
• Punitive damages (where appropriate)
• Wrongful death damages (if you lost a family member in a motorcycle crash).

The two most important factors that will affect how long it takes your case to settle – if it settles at all – will be liability and damages.

If the driver who hit your motorcycle – or the driver’s insurance company  –accepts liability and agrees to the amount that your lawyer seeks on your behalf, the case may settle quickly. Your lawyer can improve the chances of a quick resolution by thoroughly investigating your case and preparing it for settlement discussions.

On the other hand, if the driver challenges liability and the amount sought in damages – or both – it can add considerable time to a case and may lead to the need to take the case to trial. If a motorcycle crash involves multiple parties, that can also extend the time it takes to reach a resolution.

At Gruber Law Offices, we have a team of 16 lawyers and a large staff of paralegals, legal assistants, field investigators and support staff. We will put those resources to work on your case and work hard to resolve your case as efficiently as possible. We know how important it will be for you to move on with your life. Throughout your case, we will provide you with regular updates and always be available to answer your questions.

At Gruber Law Offices, we represent motorcycle accident victims and their families on a contingency fee basis. So, you will pay no upfront costs or legal fees unless and until we secure a financial recovery for you. The payment for our legal fees will represent an agreed-upon percentage of your total recovery. If we do not obtain a verdict or settlement in your favor, you will pay nothing.

Additionally, Gruber Law Offices can provide you with a free case review. This consultation will be confidential and carry no obligation to work with us. That’s what we mean when we say, “One call – that’s all!”

We are ready to go to work for you, lift the burdens you are facing and pursue all compensation you deserve after your motorcycle crash. Connect with us today to learn more.