Motorcycle accidents can have life-altering consequences for riders. Due to their inherent vulnerability on the road, motorcyclists often sustain serious injuries even in minor collisions. Permanent disabilities, lifelong trauma, and even death occur far too frequently in these accidents.
In Wisconsin, establishing fault after a motorcycle accident is crucial. By identifying the at-fault party, you can hold them accountable for any injuries or damages that you sustained and recover compensation to regain a sense of normalcy in your life. However, this process requires significant evidence and knowledge of the state’s liability laws.
Consulting an experienced motorcycle accident lawyer in Milwaukee can significantly improve your chances of obtaining a favorable outcome.
Who Can Be Liable for a Motorcycle Accident?
Wisconsin is a fault insurance state, which means that any person who causes a road accident is financially liable for any damages that occur. Motorcycle accidents can occur due to a variety of factors, from driver negligence to dangerous road conditions. After your accident, you will need to conduct an investigation to determine the cause and identify the at-fault party.
The following entities may be held responsible for a motorcycle collision, depending on the circumstances:
- Motor Vehicle Drivers: Often, accidents occur because a car or truck driver made a significant mistake and collided with a motorcycle. Drivers can be held liable if their negligence, such as distracted driving, speeding, or violating traffic laws, led to the accident.
- Product Manufacturers: If a defect in the motorcycle or any of its parts contributed to the accident, the manufacturer might be responsible. This includes defects in design, manufacturing, or failure to warn about potential risks.
- Government Entities: Poor road conditions can also lead to motorcycle accidents. If hazards like potholes, unmarked construction zones, or inadequate signage were factors, a government entity responsible for road maintenance might be liable.
The Elements of Negligence in a Motorcycle Accident Claim
Once you have identified the at-fault party, you will need to build a strong case to prove their liability. There are four elements that you will need to establish: duty of care, breach of duty, causation, and damages.
- Duty of Care: Every road user has a duty to act in a way that does not harm others. This includes following traffic laws and driving safely for the road conditions.
- Breach of Duty: Liability arises when a person fails to uphold this duty. In motorcycle accident claims, you must prove that the other party involved in the accident broke traffic laws or drove carelessly.
- Causation: Next, there must be a direct link between the breach of duty and the accident. In other words, you must show that the accident wouldn’t have occurred if not for the other party’s negligence.
- Damages: Finally, the accident must have resulted in measurable harm to you, such as physical injuries, property damage, or other financial losses. You can claim compensation for these damages in your claim.
Useful Evidence for Establishing Fault in a Motorcycle AccidentÂ
Finally, you will need to back up your claims with solid evidence. The following documents could help you build a compelling motorcycle accident claim:
- Police reports
- Witness statements
- Surveillance footage
- Medical records
- Testimony from experts
- Photos and videos from the scene
Proving liability in a motorcycle accident claim requires a thorough understanding of the law, elements of negligence, and the types of evidence that can strengthen your case. A Milwaukee motorcycle accident lawyer from Cannon & Dunphy S.C. can provide you with the expertise that you need to navigate the legal process effectively. If you’re seeking legal assistance, don’t hesitate to reach out to an attorney to discuss your case.