Financial Compensation And WI Motorcycle Accidents
Recovering Financial Compensation After a Wisconsin Motorcycle Accident
Warmer weather always leads to an increase in the number of motorcycles on Wisconsin roadways. Unfortunately, this also increases the chances of a motorcycle accident occurring. Riders who are involved in a motorcycle accident almost always end up with an injury simply because motorcycles offer less protection than automobiles. Those injuries can be extensive and costly; filing a personal injury lawsuit can help victims recover compensatory damages to help pay for their recovery.
It is not always easy to determine fault in road accidents. Wisconsin operates under a contributory negligence system of laws, which means that both parties’ actions and inactions will be examined to determine who was at fault for the accident and how much they were at fault. This information will be used to determine liability and compensation in the lawsuit.
Negligence And Fault In A Motorcycle Accident
Motorcyclists are subject to the same laws as automobile drivers in Wisconsin. This means that all drivers are owed and must demonstrate the same duty of care or responsibility while operating a motorcycle or vehicle. In a personal injury case, the court will need to determine the negligence of the drivers. If it can be proven that negligence of another contributed to the accident, the injured party can pursue a claim.
The injured party, or plaintiff, may seek financial compensation for economic damages such as damage to their vehicle or motorcycle, lost wages, or payment of medical bills, as well as non-economic damages which can include pain and suffering or the loss of their ability to work if the injuries prevent the victim from returning to their job.
While most people assume the at-fault or negligent party is the other driver, this is not always the case. The vehicle manufacturer, part supplier, or even the vehicle mechanic may all bear some responsibility for the accident, depending on the circumstances. If the accident involved a business or commercial vehicle, the business owner has responsibility for the accident.
Wisconsin personal injury cases operate under tort law rules, which include the legal element of comparative negligence. This means that the onus is on the injured party to prove the other party was negligent in some way and that such negligence contributed to the accident. In some situations, the injured party may also share some fault for the accident. In this case, the court will determine how much responsibility each side bears for the accident and will adjust the monetary damages that are awarded to the victim accordingly. For example, if the injured party was determined to be 30% responsible for the accident, their compensation award would be reduced by 30%.
In addition, the injured party cannot bear more fault than the other party in order to recover compensation. If the injured party is more than 50% at fault, they are ineligible for compensation from the other party.
These nuances and quirks in the law are a good example of why it is always best to consult an injury attorney if you are involved in a motorcycle accident. The personal injury attorneys at Eisenberg Law Offices in Madison, WI are here to help. We work with motorcyclists and their passengers to pursue claims that can help victims get back on their feet after an accident. Call our team at 608-256-8356 or send us an email at Info@eisenberglaw.org to arrange a free personal injury consultation.