How Wisconsin Law Affects Compensation for Motorcycle Accident Victims
A motorcycle crash can change your life in seconds, leaving you seriously injured, buried in medical bills, and forced to fight an insurance company that wants to blame you.
In 2023, Wisconsin recorded 1,949 motorcycle crashes, leading to 100 rider deaths and 1,604 injuries.
For riders injured on roads like Highway 41 or College Avenue, it’s crucial to understand how Wisconsin law affects your right to compensation. Negligence rules not only influence how much you can recover but also determine whether you are eligible for anything at all.
Learn how fault is determined, what damages you may be entitled to, and how experienced Appleton motorcycle accident lawyers can help you pursue the maximum compensation you deserve.
Wisconsin’s Comparative Negligence Rule
Wisconsin follows a modified comparative negligence system for motorcycle accident liability. That means each party involved in a crash is assigned a percentage of fault, which affects how much money they can be awarded in a claim.
Under Wisconsin’s 51% rule, you can only win compensation if you’re 50% or less at fault for the crash. If you’re found to be 51% or more responsible, you cannot collect damages from the other party.
Here’s how it works:
- Situation A: You’re riding through an intersection when a driver suddenly turns left in front of you without signaling. However, you were going about 10 mph over the speed limit. In this case, the insurance company or court might assign you 20% of the fault and the driver 80%. If your total damages are $100,000, you could still receive $80,000, your award reduced by your share of fault.
- Situation B: In a similar scenario, a driver turns left in front of you, but this time, you were weaving through traffic and speeding excessively. As a result, the insurance company might assign you 55% of the fault. Because that’s over Wisconsin’s 51% threshold, you aren’t eligible for compensation.
But fault isn’t the only factor that can impact your compensation; your choice of protective gear might also come under scrutiny.
Wisconsin’s Laws Around Protective Gear
Wisconsin does not have a universal helmet law for adult motorcyclists. Only riders under 18 and those with instructional permits must wear a helmet. However, all riders are required to wear eye protection unless the bike has a protective windshield.
Even if another driver caused the crash, not wearing a helmet or eye protection may affect your compensation under Wisconsin’s comparative negligence rules. For example, if you suffered a head injury and weren’t wearing a helmet, insurers might argue you’re partially to blame and reduce your settlement.
What Damages Can You Seek After a Motorcycle Crash?
Wisconsin law allows motorcycle accident victims to seek two main types of damages: economic and non-economic.
| Damage Type | Explanation | What It Covers |
| Economic Damages | Measurable, out-of-pocket costs related to the accident. | Medical bills (including hospital stays, surgeries, rehab, prescriptions) Future medical care for ongoing injuries Lost income from missed work Reduced earning capacity if you can’t return to your job Motorcycle repair or replacement costs |
| Non-Economic Damages | Losses that affect your quality of life and emotional well-being: | Physical pain and emotional suffering Permanent disability or disfigurement Loss of enjoyment of life (for example, if you can no longer ride, exercise, or engage in hobbies you once loved) |
Wisconsin does not cap most types of personal injury damages. That means there is no legal limit on how much you can receive for your pain and suffering or long-term losses.
The one exception is punitive damages, which are rare and typically awarded only in extreme cases involving intentional harm or gross negligence. These are capped at $200,000 or twice the compensatory damages, whichever is greater.
In severe motorcycle crash cases, where injuries are permanent or life-altering, having no cap on non-economic damages lets you pursue compensation that reflects the full scope of your losses.
How Appleton Motorcycle Accident Lawyers Can Help You Win Compensation
Wisconsin’s comparative fault rules and insurance company tactics can complicate your motorcycle accident claim. Without skilled legal representation, riders risk losing out on the compensation they deserve.
An experienced motorcycle accident attorney in Appleton can help you:
- Collect and preserve evidence from the crash
- Work with accident reconstruction experts if fault is disputed
- Push back against unfair bias or defense tactics
- Accurately calculate long-term damages
- Negotiate with insurers for a fair settlement
- Take your case to trial if needed
Injured riders often face a long road to recovery. A knowledgeable attorney works to secure the support you need moving forward.
Talk to an Appleton Motorcycle Accident Lawyer Today
You shouldn’t have to carry the burden of a motorcycle crash alone, especially if someone else caused it. Wisconsin law gives you the right to seek compensation, but it also allows insurers to reduce or deny that compensation based on how they assign fault.
If you were injured in a motorcycle accident in Appleton or anywhere in Wisconsin, contact our law office today for a free consultation. We’ll explain your rights, answer your questions, and help you win the maximum settlement you deserve.