Fighting Bias Against Riders: How to Win a Motorcycle Accident Claim in Wisconsin

Motorcycle riding offers freedom, excitement, and connection to the open road — but in Wisconsin, it also comes with risk. When motorcycle accidents happen, the injuries are often severe, and riders frequently face an unfair uphill battle when seeking compensation.

At Trial Lawyers of Wisconsin, we’ve spent decades standing up for injured riders and challenging the biases that insurance companies and juries often hold. Too many people assume motorcyclists are reckless or responsible for their own injuries — even when the evidence proves otherwise.

Our mission is to level the playing field. We make sure that prejudice doesn’t decide justice, and that every injured motorcyclist receives the full compensation the law allows.

Here’s how we fight bias — and win — in motorcycle accident claims throughout Wisconsin.

Understanding the Bias Against Motorcyclists

Motorcyclists often encounter a deep-rooted bias both in society and in the courtroom. Insurance adjusters, police officers, and even jurors may believe myths such as:

• “Riders are reckless by nature.”
• “They weave through traffic and take unnecessary risks.”
• “They know the dangers, so they’re partly to blame.”

In truth, most motorcycle accidents are caused by drivers of other vehicles, not the rider. Studies show that in over 60% of motorcycle crashes involving another vehicle, the car driver was at fault — often for failing to see or yield to the motorcyclist.

But despite the evidence, this bias can influence how police reports are written, how insurance claims are evaluated, and how juries interpret fault. That’s why your attorney must know how to counteract these misconceptions with clear, objective evidence.

Common Causes of Motorcycle Accidents in Wisconsin

Understanding what really causes motorcycle accidents helps dismantle unfair assumptions about rider fault. The most common causes include:

• Left-turn collisions: A driver turns across the motorcyclist’s path at an intersection.
• Unsafe lane changes: Drivers fail to check blind spots or signal before moving over.
• Rear-end crashes: Following too closely leads to devastating impacts when riders must stop suddenly.
• Distracted driving: Phone use, GPS adjustments, or inattention causes delayed reactions.
• Speeding or aggressive driving: By other motorists who underestimate a motorcycle’s distance or speed.
• Poor road conditions: Potholes, gravel, and debris that are minor for cars can be deadly for motorcycles.

These scenarios usually result from driver negligence, not reckless riding. Trial Lawyers of Wisconsin investigates each case meticulously to prove what really happened.

Proving Negligence: The Key to Winning a Claim

To win a motorcycle accident case, the victim must prove that another party was negligent — meaning they failed to exercise reasonable care. This requires strong evidence, including:

• Police and crash scene reports
• Photographs and measurements from the scene
• Helmet camera or dashcam footage
• Eyewitness statements
• Surveillance or traffic camera video
• Accident reconstruction analysis
• Medical records showing injury patterns consistent with the crash

Our attorneys work with accident reconstructionists and medical experts to connect the dots — showing not only how the crash occurred, but also how it changed our client’s life forever.

Comparative Negligence in Wisconsin Motorcycle Claims

Wisconsin follows a comparative negligence rule. This means if a motorcyclist is found partly at fault, their compensation is reduced by that percentage.

For example:

• If you’re 10% at fault and your total damages are $100,000, your award becomes $90,000.
• If you’re more than 50% at fault, you cannot recover damages at all.

Insurance companies use this rule to their advantage, often claiming that riders “could have avoided the crash” or “were speeding.” Our job is to minimize any fault assigned to the rider and ensure that blame is placed squarely where it belongs — on the negligent driver.

How We Overcome Insurance Company Tactics

Insurance adjusters know that juries may be biased against motorcyclists — and they exploit it. They may:

• Offer low settlements, assuming riders will accept less to avoid trial.
• Argue that helmet use or protective gear affects liability.
• Claim the rider was speeding or lane splitting without evidence.
• Suggest that weather or road conditions make the rider responsible.

At Trial Lawyers of Wisconsin, we don’t let insurers twist the narrative. We use objective evidence — accident data, witness statements, and expert reports — to dismantle their arguments. Our reputation for trial preparation means insurers know we won’t settle cheaply.

The Role of Wisconsin Motorcycle Laws

Understanding and following Wisconsin motorcycle laws strengthens your claim. Key laws include:

• Helmet requirement: Only riders under 18 or with instructional permits are legally required to wear helmets. However, wearing one demonstrates responsibility and can reduce injury severity.
• Eye protection: All riders must wear protective eyewear unless the motorcycle has a windscreen.
• Lane usage: Riders may use the full lane but cannot “lane split” (ride between vehicles).
• Insurance: Wisconsin requires all motorcyclists to carry liability insurance.

Compliance with these laws helps demonstrate that you were a cautious and law-abiding rider, not the reckless stereotype insurers like to portray.

Common Injuries in Motorcycle Accidents

Because motorcycles offer little physical protection, riders often suffer catastrophic injuries, including:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Fractures and crushed limbs
• Severe road rash and skin trauma
• Internal bleeding and organ damage
• Amputations or disfigurement

These injuries can require long-term medical care, rehabilitation, and major life adjustments. Our attorneys ensure claims reflect both immediate costs and lifelong consequences.

Compensation You May Be Entitled To

A successful motorcycle accident claim can provide damages for:

• Medical expenses (hospitalization, surgery, rehab, and ongoing care)
• Lost wages and loss of future earning potential
• Pain and suffering from physical and emotional trauma
• Property damage to your motorcycle and gear
• Loss of enjoyment of life
• Permanent disability or disfigurement

If the crash is fatal, surviving family members can also pursue wrongful death damages for funeral costs, loss of companionship, and loss of income.

How Trial Lawyers of Wisconsin Builds Strong Motorcycle Cases

Our attorneys take a comprehensive, trial-focused approach to every motorcycle case:

1. Investigate immediately to secure physical and digital evidence.
2. Work with reconstruction and medical experts to prove negligence and damages.
3. Handle all communication with insurers to protect clients from manipulation.
4. Negotiate aggressively for a fair settlement — but prepare for trial from day one.
5. Tell your story powerfully in court, humanizing the rider and breaking through bias.

We combine legal skill with empathy — because we understand that behind every case is a person whose independence, mobility, and peace of mind have been stolen.

Why Choose Trial Lawyers of Wisconsin

Since 1990, Trial Lawyers of Wisconsin has been the voice for injured riders across the state. We’ve recovered over $100 million for accident victims and families by refusing to back down from powerful insurance companies.

When you hire us, you get:

• A team that rides and understands motorcyclists’ rights
• Decades of experience handling motorcycle injury and wrongful death cases
• Trial-ready preparation for every claim
• No upfront fees — we only get paid if we win

Our attorneys stand for one principle: no rider should be judged by stereotypes — only by facts.

Conclusion

Motorcyclists face enough danger on Wisconsin’s roads without also facing bias in the courtroom. When a negligent driver causes your crash, you deserve justice — not prejudice.

At Trial Lawyers of Wisconsin, we fight tirelessly to ensure injured riders are treated fairly, compensated fully, and respected as responsible motorists.

If you’ve been injured in a motorcycle accident, don’t face the insurance company alone. Contact Trial Lawyers of Wisconsin today for a free consultation. We’ll stand up for your rights, clear your name, and fight for the compensation you deserve.