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

Motorcycles symbolize freedom — the open road, the wind in your face, and a sense of adventure that few other experiences can match. But in Wisconsin, that freedom often comes with serious risks. When a motorcycle crash happens, the injuries are usually severe, and insurance companies often treat riders unfairly.

At Trial Lawyers of Wisconsin, we’ve seen how motorcyclists are frequently blamed for accidents they didn’t cause. Too often, insurers and opposing attorneys assume that if you ride a motorcycle, you must be reckless or responsible for your own injuries. This bias can cost victims the fair compensation they deserve.

Our mission is to stand up for injured riders, expose the truth, and make sure bias never decides the outcome of your case.

The Hidden Bias Against Motorcyclists

Motorcycle riders face a unique challenge after an accident: unconscious bias from police officers, insurance adjusters, jurors, and even witnesses. This bias often stems from stereotypes that portray riders as risk-takers or thrill-seekers.

Common assumptions include:

• “Motorcyclists weave through traffic.”

• “They speed or take unnecessary risks.”

• “They’re hard to see, so the accident must be their fault.”

In reality, most motorcycle crashes are caused by negligent drivers of larger vehicles, not riders. Studies show that in over 60% of motorcycle collisions, the driver of the other vehicle is at fault — often for failing to yield or misjudging distance.

Unfortunately, insurance companies use these stereotypes to reduce or deny claims, hoping victims will accept smaller settlements out of frustration or fear.

The attorneys at Trial Lawyers of Wisconsin know these tactics — and how to defeat them.

Common Causes of Motorcycle Accidents in Wisconsin

While each crash is unique, most motorcycle accidents happen because another driver fails to exercise proper care. Common causes include:

• Left-turn accidents: Drivers turning across traffic often misjudge a motorcyclist’s speed or fail to see them at all.

• Unsafe lane changes: Drivers fail to check blind spots before moving over.

• Following too closely: Rear-end collisions can eject riders or cause multi-vehicle pileups.

• Distracted driving: Texting, phone use, or adjusting navigation systems cause dangerous lapses in attention.

• Speeding or aggressive driving: Drivers underestimate how quickly motorcycles can stop or maneuver.

• Poor road conditions: Gravel, potholes, and uneven pavement are far more dangerous for motorcycles than cars.

Each of these scenarios requires careful investigation to determine who was truly negligent — something insurance companies rarely do unless forced by an experienced lawyer.

How Bias Impacts Motorcycle Accident Claims

Bias can affect every stage of your injury claim, including:

• Police reports: Officers may unconsciously assume you caused the crash, leading to inaccurate or one-sided reports.

• Insurance evaluations: Adjusters might offer lower settlements because they expect juries to undervalue motorcyclists’ claims.

• Jury trials: Jurors unfamiliar with motorcycles may have misconceptions about riding behavior or risk-taking.

This makes it critical to have a law firm that understands how to counteract bias with hard evidence and persuasive advocacy.

Overcoming Bias Through Evidence

At Trial Lawyers of Wisconsin, we don’t let opinions or assumptions decide our clients’ cases — facts do. Our attorneys gather compelling evidence to prove negligence and demonstrate that the rider was following the law.

Key evidence often includes:

• Accident reconstruction reports showing how the crash occurred.

• Helmet camera or dashcam footage from the rider or nearby vehicles.

• Witness statements from neutral observers.

• Traffic camera or surveillance video confirming the driver’s actions.

• Skid mark analysis and vehicle damage reports to prove impact angles and speed.

• Medical records documenting injuries consistent with the collision.

By presenting this evidence clearly and effectively, we dispel myths and focus the case on what truly caused the crash — driver negligence, not rider behavior.

Understanding Wisconsin Motorcycle Laws

To protect your rights, it’s important to understand how Wisconsin law treats motorcycle riders.

Key points include:

• Helmet laws: Riders under 18 or with instructional permits must wear helmets. Even for others, helmet use can impact claims if the insurer argues it contributed to injury severity.

• Comparative negligence: Wisconsin follows a modified comparative negligence rule, meaning your compensation is reduced by your share of fault. If you’re more than 50% at fault, you can’t recover damages.

• Insurance requirements: Wisconsin law requires all drivers, including motorcyclists, to carry liability insurance.

Insurance companies often misuse comparative negligence to shift partial blame onto the rider. Our attorneys are skilled at pushing back against these tactics and proving that the other driver was primarily responsible.

Types of Compensation You May Recover

Motorcycle accident victims in Wisconsin may be entitled to recover a wide range of damages, including:

• Medical expenses: Hospital bills, surgeries, rehabilitation, and ongoing treatment.

• Lost income: Wages missed during recovery and reduced future earning potential.

• Property damage: Repair or replacement costs for your motorcycle and gear.

• Pain and suffering: Physical pain, emotional distress, and trauma.

• Loss of enjoyment of life: Especially if you can no longer ride or participate in favorite activities.

• Permanent disability or disfigurement: For lasting injuries or scarring.

In fatal motorcycle accidents, surviving families may pursue wrongful death damages, including funeral costs, loss of financial support, and loss of companionship.

Our attorneys fight to ensure no loss is overlooked or undervalued.

How Trial Lawyers of Wisconsin Builds Strong Motorcycle Claims

From the moment you contact us, our team takes immediate action to protect evidence and preserve your rights. We:

1. Conduct a full investigation, gathering photos, reports, and witness statements.

1. Work with reconstruction experts to prove fault and vehicle dynamics.

1. Handle all insurance communications, so adjusters can’t twist your words.

1. Consult with medical professionals to document the full extent of your injuries.

1. Prepare every case as if it will go to trial, giving us leverage during negotiations.

This preparation often leads to higher settlements — and when insurers refuse to be fair, we’re ready to present your case before a jury.

Dealing with Insurance Companies

Insurance companies know that motorcyclists face public bias — and they exploit it. They might:

• Claim you were speeding or weaving even without evidence.

• Argue your injuries are your own fault because you “chose to ride.”

• Offer quick, low settlements before you realize the long-term costs of recovery.

Never accept the first offer without speaking to an attorney. Once you settle, you can’t reopen the case — even if new injuries or complications arise later.

The Trial Lawyers of Wisconsin team negotiates aggressively to secure fair compensation that reflects the full impact of your injuries — not what the insurer wants to pay.

Real Stories, Real Results

Over the years, we’ve represented riders across Wisconsin who were wrongly blamed for crashes they didn’t cause. With detailed investigations, expert testimony, and relentless advocacy, we’ve helped clients recover life-changing settlements and verdicts.

Our success speaks to one truth: riders deserve fairness, not prejudice. And when you’re represented by Trial Lawyers of Wisconsin, the evidence — not the stereotype — wins the day.

Why Choose Trial Lawyers of Wisconsin

Our firm has spent over three decades standing up for Wisconsin accident victims — not corporations. We’ve recovered over $100 million for clients across the state by refusing to back down from powerful insurance companies and defense attorneys.

We’re known for our:

• Trial-ready preparation that pressures insurers to pay full value.

• Compassionate, client-centered approach that keeps you informed and supported.

• Proven success in motorcycle accident and catastrophic injury cases.

At Trial Lawyers of Wisconsin, we believe every rider deserves respect, justice, and full compensation — without bias.

Conclusion

Motorcycle riders face enough danger on Wisconsin roads without also facing bias and unfair treatment after a crash. When negligence causes your injuries, you deserve a legal team that understands both the realities of riding and the prejudice you’re up against.

Trial Lawyers of Wisconsin is here to protect your rights, prove the facts, and fight for the justice you deserve. Don’t let insurance companies or stereotypes determine your future — contact us today for a free consultation and let us be your advocate on and off the road.