If you have been injured in a motorcycle accident, a Racine personal injury lawyer can help you navigate the legal process and pursue the compensation you deserve.
Motorcycles are a popular way to get around in Racine, to work, school, or to enjoy the freedom of the open road. According to the Department of Transportation, there are currently 538,912 licensed motorcyclists in Wisconsin. It is unfortunate that there are also a high number of serious or fatal motorcycle accidents – many caused by other drivers, and not the fault of the rider.
Why Choose Us?
- Since 1985, the attorneys at Cannon & Dunphy S.C. have recovered over $1 billion for our clients. We work tirelessly to fight for the rights of injured motorcyclists and will advocate tenaciously on your behalf.
- We are dedicated to recovering the maximum possible settlement in your motorcycle accident claim. Our attorneys will not hesitate to take your case to court if you are not being treated fairly.
- After a motorcycle accident, money can be tight. That is why we handle all injury cases on a contingency fee basis; our firm will never charge you legal fees unless we recover a settlement in your case.
How Our Racine Motorcycle Accident Lawyer Can Help You
There is a prevalent misconception that motorcyclists are inherently reckless or responsible for accidents. As a result, motorcyclists often confront unjust stereotypes when filing an insurance claim or lawsuit after an accident, which can influence the case’s outcome. In these situations, having a lawyer on your side is essential.
A motorcycle accident lawyer from Cannon & Dunphy S.C. can help you counteract these biases and protect your right to fair compensation. We can help you gather the necessary evidence, negotiate with insurance companies, and represent your interests in court if necessary. Our attorneys will work tirelessly to ensure your side of the story is heard and respected, aiming for the best possible outcome for your case.
Motorcycle Accidents: Common Causes
The NHTSA (National Highway Traffic Safety Association), reports that more than 80 percent of motorcycle crashes result in injury or death for the rider. Motorcycles are not crashworthy; the rider is virtually unprotected, other than by clothing and a helmet. When an impact occurs, the motorcyclist is thrown onto the roadway and may suffer a secondary impact from moving traffic There is a large percentage of motorcycle accidents that are the direct result of the negligent driving conduct of another driver.
The injuries sustained in a motorcycle accident are often catastrophic. The rider may never again enjoy the quality of life experienced prior to the collision. The cost of medical care may be hundreds of thousands of dollars – in the first year alone. At Cannon & Dunphy S.C., our experienced Racine motorcycle accident lawyers can help you seek the maximum possible in compensation, including economic and non-economic damages.
Common Injuries in Motorcycle Accidents
Motorcycle accidents can result in very serious injuries, often life-threatening. It may require months of treatment, during which the rider is unable to work and earn a living. In many cases, the physical damage is so extensive that there is no hope of achieving a full recovery. Some of the most common injuries sustained in motorcycle crashes include:
- Broken bones
- Severe abrasions
- Traumatic brain injury
- Concussion
- Burns
- Loss of limbs
- Spinal cord injuries
- Quadriplegia or paraplegia
In the most tragic cases, the injuries sustained are fatal. In these cases, our trial lawyers in Racine can assist the family in pursuing justice and compensation by bringing a wrongful death case against the negligent driver.
How To Prove Fault in a Motorcycle Accident Claim
To establish fault in a motorcycle accident claim, you must prove the at-fault driver’s negligence. This involves demonstrating a series of legal elements, which form the foundation of your claim and help establish the responsibility of the other party.Â
These elements are as follows:
- Duty of Care: Every motorist has a legal obligation to act responsibly and avoid causing harm to others on the road. This means that other drivers must not only follow Wisconsin traffic laws, but also acknowledge and respect motorcyclists’ presence and rights on the road.
- Breach of Duty: A breach occurs when a motorist fails to uphold this duty of care, such as by speeding, driving under the influence, or engaging in distracted driving. These actions put motorcyclists at risk.
- Causation: Next, it must be shown that this breach of duty directly caused the accident and the resulting injuries. For instance, if a driver’s failure to check blind spots leads to a collision with a motorcyclist, this indicates causation.
- Damages: Finally, the accident must have caused the motorcyclist to suffer damages, whether physical, emotional, or financial. This includes medical expenses, bike repairs, and other losses resulting from the accident.
To establish each of these elements, you can leverage key pieces of evidence to your advantage.
For example, statements from witnesses, surveillance footage, and testimonies from accident reconstruction specialists can help you establish how the accident occurred and prove that the other driver’s actions led to the collision. Documents like medical records and bills can help prove the nature and extent of your injuries and affirm your right to compensation.Â
What Types of Recoverable Damages Can I Recover?
In a motorcycle accident claim, several types of recoverable damages are available, aiming to compensate for the losses and hardships you’ve suffered. These damages cover a wide range of financial, physical, and emotional impacts, which can be difficult to quantify. Your motorcycle accident lawyer can handle this process on your behalf, analyzing all pieces of available evidence to calculate your potential award value.
Damages in a motorcycle accident claim often include:
- Medical Expenses: Your settlement can help cover all medical costs incurred due to the accident. This includes immediate medical care, hospital stays, surgeries, medications, physical therapy, and any future medical treatments related to your injuries.Â
- Lost Wages: If the accident results in time off work, you can claim compensation for lost wages. This encompasses not only the income lost during the recovery period but also any lost earning capacity if your injuries prevent you from returning to your previous employment.
- Property Damage: You can recover compensation for damages to your motorcycle and any other personal property affected by the accident. The settlement can help you restore your property to its pre-accident condition or replace it completely.
- Loss of Future Earnings: If your injuries affect your ability to work in the future, you may claim compensation for this potential loss. The court will consider your career prospects, age, skills, and the impact of the injuries on your professional life when determining this figure.
- Disability Accommodations: If the accident results in a disability, you may incur expenses for modifications to your home, vehicle, or other areas of your life to accommodate this disability. You can recover compensation to pay for these costs as part of your claim.
- Pain and Suffering: These non-economic damages compensate for the physical pain and emotional distress you endure because of the accident, such as depression, post-traumatic stress disorder, chronic pain, and permanent disability. This category acknowledges the intangible suffering that does not have a direct financial cost but significantly impacts your quality of life.
- Punitive Damages: In Wisconsin, punitive damages are awarded when the at-fault party’s actions are particularly egregious. Unlike other damages, punitive damages are designed to punish the defendant and deter similar behavior in the future. The court will consider several factors when deciding whether to award these damages, such as the severity of the defendant’s actions, the degree of malicious intent, and the harm that they caused.
Motorcycle Accident Injury Lawsuits in Racine
After a motorcycle accident, the focus is on the health and life of the injured; it may be difficult to consider the legal issues. In fact, the earlier you retain counsel the better. The initial steps in filing a claim involve reviewing the accident site, interviewing eyewitnesses, and inspecting the vehicles involved, along with reviewing police reports and other data.
A successful personal injury claim is well-supported by evidence. At Cannon & Dunphy S.C., we have the resources to gather all evidence to build a strong claim or lawsuit and to professionally manage every aspect of your motorcycle accident case.
How Long Do I Have To File My Motorcycle Accident Claim?
In Wisconsin, the statute of limitations for filing a personal injury claim, such as one resulting from a motorcycle accident, is three years from the date of the incident. Although it may feel like you have a long time to file a lawsuit, this period can pass faster than you may realize. If you fail to file by the three-year deadline, however, you will likely lose the right to claim compensation.
This time limit underscores the importance of seeking legal advice promptly after an accident. An attorney can help ensure that all necessary steps are taken before the deadline passes, including gathering evidence, filing paperwork, and initiating legal proceedings. If the statute of limitations has already expired, your attorney can assess your case to determine if you are eligible for an extension.
Exceptions to the statute of limitations are rare, so it is always best to contact an attorney as soon as possible after your accident. After you have received medical treatment, contact a Racine motorcycle accident lawyer from Cannon & Dunphy S.C. to learn more about your legal options.
Wisconsin Motorcycle Accident Attorneys You Can Trust
At Cannon & Dunphy S.C., our team of Wisconsin personal injury attorneys have decades of experience and an extensive record of positive case outcomes. In fact, we have recovered over $1 billion in compensation over our years in practice, and many settlements or verdicts of $10 million or more in size.
As trial lawyers, our motorcycle accident lawyers in Racine have no hesitation about taking a case to court for resolution when necessary.
We urge you to contact us at once if you or a loved one was injured or died in a motorcycle accident in Racine. We charge no fees unless we are successful, and your consultation will cost you nothing. Contact us today for the experienced legal representation you deserve.