Wisconsin Motorcycle Accident Lawyer

Does Wisconsin require motorcycle riders to wear helmets?

Wisconsin requires helmets for riders under 18 and for riders operating with an instructional permit. Most adult riders with a full license may choose whether to wear one.

That choice can still come up in a claim. If an adult rider was not wearing a helmet and suffered a head injury, the insurer may argue the injury would have been less severe with a helmet. That argument does not apply to a broken leg, a shoulder injury or road rash. Whether and how far it applies to a head injury is a medical and legal question that usually needs expert analysis. Riders who wore helmets should keep them unrepaired, since they can show the force of the impact.

How does Wisconsin's fault rule apply to motorcycle riders?

A rider's recovery is reduced by their share of fault, and the rider cannot recover from a driver whose negligence is less than the rider's. Insurers often try to push rider fault higher using assumptions about speed and risk.

Here is a worked example. A rider on a county highway in Sauk County is hit by a pickup turning left into a driveway. The rider's damages total $280,000. The insurer argues the rider was speeding and was not wearing a helmet.

• If a jury finds the rider 20% at fault, the rider recovers $224,000.
• If a jury finds the rider 45% at fault, the rider recovers $154,000.
• If a jury finds the rider 55% at fault, the rider recovers nothing.

Evidence like skid marks, damage patterns, video and expert speed estimates can keep the rider's share where it belongs.

When are Wisconsin riders most at risk?

Wisconsin's riding season is short, so motorcycle traffic is concentrated from late spring through early fall. Large group rides and rallies, especially in the Milwaukee area, bring heavy motorcycle traffic during summer.

Popular routes carry their own hazards:

• The Great River Road along the Mississippi offers curves and bluffs, with tourist traffic and slow vehicles.
• Door County and the Northwoods draw riders on two-lane roads with deer, gravel and summer visitors.
• The Driftless Area in southwestern Wisconsin has steep hills, blind curves and farm equipment.
• Milwaukee, Madison and other cities bring dense traffic and drivers who fail to check for bikes.

Spring riding brings leftover sand and gravel from winter road treatment, as well as potholes that formed during freeze-thaw cycles.

Who is responsible if a road defect caused a Wisconsin motorcycle crash?

A city, county or state agency may be responsible for dangerous road conditions in some cases, as may a contractor that left loose gravel or uneven pavement. These claims follow special rules.

Claims against governmental bodies in Wisconsin generally require a written notice of injury within 120 days, and Wisconsin law limits the amount that can be recovered from them. Some government activities are also protected by immunity. Photograph the hazard quickly, because road crews often fix it soon after a crash. Our page on government and public property injury claims explains the process.

What should an injured rider do after a crash in Wisconsin?

Get care, document the scene and avoid statements that could raise your share of fault.

1. Call police and request the crash report.
2. Photograph the bike, the other vehicle and the road surface.
3. Keep your helmet, gear and any camera footage.
4. Collect witness names, including other riders.
5. See a doctor and follow all treatment.
6. Avoid posting about the crash online.

How can our team help a Wisconsin rider?

We build the evidence that counters rider bias and document the full cost of the injury. Motorcycle crashes often cause fractures, road rash, spinal injuries and brain injuries.

We also look at all insurance sources, including the at-fault driver's coverage and your own uninsured and underinsured motorist coverage. Learn more on our motorcycle accidents page, and see catastrophic injuries if your recovery will be long. For statewide rules, visit our Wisconsin injury law guide. If a semi or farm truck was involved, our Wisconsin truck accident page explains those cases. Most motorcycle injury lawsuits must be filed within 3 years. We offer a free case review, and there is no fee unless we win.