Legally Reviewed by William Pemberton on September 22, 2026
What Should I Know if I’ve Been Involved in a Motorcycle Accident?
Motorcycle accidents can happen in a flash and leave you reeling. Due to the exposed nature of a motorcycle, victims can suffer serious injuries that require surgeries, rehabilitation, and time off work. Even if you were lucky enough to escape severe physical harm, you may experience mental health effects from the traumatic incident. The time after the crash can be overwhelming as you attempt to navigate insurance claims, health care appointments, medical bills, and motorcycle repairs while you recover.
Key Takeaways:
- After a motorcycle crash, ensure safety, call 911, gather information, get medical care, and contact a lawyer.
- Fault may involve drivers, pedestrians, road authorities, or defective parts; Wisconsin follows a 51% comparative negligence rule.
- Avoid speaking with insurance adjusters directly—refer them to your lawyer to protect your claim.
- You may recover damages for medical bills, lost wages, property repairs, and pain and suffering; families can also pursue wrongful death claims.
- A motorcycle accident attorney helps level the playing field against insurers and protects your right to fair compensation.
During this period, it is common to have many questions. An experienced personal injury attorney can address your concerns and help you determine your legal options. This article covers some of the questions we frequently receive from motorcycle accident clients. However, it’s important to remember that each case is different. We strongly recommend scheduling a free consultation with a Madison motorcycle accident attorney for legal advice tailored to your unique situation.
What Steps Should I Take Following My Crash?
Your actions in the minutes after a motorcycle accident can play a significant role in the success of your future claim. If you are physically able, there are some critical steps you can take to protect your well-being and legal rights:
- Ensure the safety of everyone involved: If possible, move out of the roadway to prevent further crashes. Call 911 for emergency help if anyone is seriously injured.
- Contact the local authorities: The police should arrive at the scene to investigate and make a police report. During questioning, keep your answers simple and honest. Don’t be afraid to say “I don’t know” if you are unsure. Stick to the facts and avoid discussing who may have been at fault for the crash. Make sure you understand how to obtain a copy of the police report.
- Collect information: Gather all drivers’ names, addresses, and insurance info. Request the contact information of any eyewitnesses. Document the crash scene by taking photos and videos from several angles.
- Seek a prompt medical evaluation: Even if you feel uninjured, you should be seen by a medical professional to check for any physical damage. Serious injuries can be masked by adrenaline. The medical records from this evaluation are critical to proving your injuries and conclusively tying them to your crash.
- Call a trusted motorcycle accident lawyer: Your lawyer can help you contact your insurer and determine any further actions you should take.
Who Might Be at Fault for My Motorcycle Accident?
Determining fault in an accident can be complex. Most crashes are not clear-cut incidents, and many factors can play a role. There can even be multiple people or entities at-fault for any given incident, including:
- Other motorists
- Pedestrians and bicyclists
- Government entities responsible for road design or repair
- Manufacturers of defective auto or motorcycle parts
- Mechanics
- Faulty helmet manufacturers or designers
Luckily for victims, Wisconsin is a modified comparative negligence state with a 51% bar. This means that even if you share some fault in your accident, you are still eligible to seek compensation as long as you are less than 51% responsible for the collision.
However, your damages will be reduced proportionally by the amount of fault assigned to you, so having a strong lawyer on your side is crucial to ensure you are not being assigned more fault than you deserve.
Should I Talk to the Other Driver’s Insurance Adjuster?
In the days or weeks following your crash, you will likely be contacted by an insurance adjuster. These individuals may seem friendly, but they do not have your best interests at heart. To prevent the chance of saying something that could hurt your claim or agreeing to a settlement that is less than you deserve, you should avoid speaking to an insurance adjuster without consulting with your lawyer first. If the adjuster calls, you can politely refer them to your lawyer, who will inform you of the steps you need to take.
Can I Recover Damages if I Wasn’t Wearing a Helmet?
Wisconsin state law does not require motorcyclists over the age of 18 to wear helmets, although appropriate safety gear is highly recommended for all riders. That being said, defendants and their insurers may argue that your injuries were made worse by your failure to wear a helmet. These cases can become complicated, and it is vital to retain the services of a lawyer who will uphold your rights to compensation in these situations.
What Compensation Can I Seek With a Personal Injury Claim?
If you have been injured in a motorcycle accident that was not your fault, you may be able to recover damages from the responsible parties. You can seek compensation for economic losses, such as medical expenses, lost wages, loss of earning capacity, and personal property replacement or repair. Of course, not all losses from an accident are so tangible. Your lawyer can also help you determine the cost of your non-economic damages, including scarring and disfigurement, mental anguish, and pain and suffering.
What if My Loved One Was Killed in a Motorcycle Crash?
If you tragically lost a family member due to a motorcycle collision, you may be able to bring a wrongful death lawsuit. The lawsuit will not bring your loved one back, but it does help ensure that your family does not experience a financial crisis due to their passing. You may seek compensation for funeral expenses, loss of companionship, the decedent’s medical expenses, and more. A knowledgeable wrongful death attorney can explain your legal rights in this heartbreaking situation.
Frequently Asked Questions About Motorcycle Accident Claims in Wisconsin
How long do I have to file a motorcycle accident claim in Wisconsin?
In Wisconsin, the statute of limitations for personal injury claims is generally three years from the date of the accident. Missing this deadline typically means losing your right to sue, so it is important to speak with an attorney as soon as possible after a crash, especially while evidence is still fresh and witness memories are reliable.
What happens if I was partially at fault for my motorcycle accident?
Wisconsin uses a modified comparative negligence rule. If you were less than 51% at fault, you can still recover damages, though your compensation is reduced by your percentage of fault. If you were 51% or more responsible, you cannot recover. Insurance adjusters often try to assign more blame to motorcyclists, so having an attorney document and present your side of the story matters.
What types of damages can I recover in a motorcycle accident claim?
Recoverable damages may include medical expenses, future treatment costs, lost wages, reduced earning capacity, pain and suffering, and property damage to your motorcycle. If the at-fault driver acted recklessly, punitive damages may also be available in some cases. An attorney can help you identify and document all categories of loss so nothing is left out of your claim.
Do I pay anything upfront to hire a motorcycle accident attorney?
No. Most personal injury attorneys, including those at Pemberton Personal Injury Law Firm, handle motorcycle accident cases on a contingency fee basis. That means there are no upfront costs and no fee unless you recover compensation. You can get experienced legal help without worrying about how to pay for it while you are recovering from your injuries.
Do I Really Need a Motorcycle Accident Attorney?
Insurers are for-profit businesses that retain teams of lawyers to fight against victims’ claims, particularly if it is a high-value claim. You are at a distinct disadvantage if you attempt to take on this challenge on your own, and it can be difficult to get the full compensation you deserve. An experienced motorcycle accident attorney from Pemberton Personal Injury Law Firm can simplify the process and protect your rights. To learn more about how we can serve you, schedule a free consultation today by calling (608) 448-6242.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
