motorcycle accident lawyer madison wisconsin

Have You or a Loved One Been Injured in a Motorcycle Accident?

Motorcycles in Wisconsin are more than a means of getting from A to B – motorcycles are a tradition, a way of life. Sadly, all too often other motorists neglect to respect the rights of motorcycles on our roadways. As a result, collisions happen. Our motorcycle accident lawyers in Madison, WI can help.

Negligent driving poses a unique risk to motorcycle operators as they are more exposed to the surroundings than a driver of a traditional vehicle. Without the exterior of car to offer any protection, motorcycle collisions can cause debilitating injuries at much lower speeds. As such, when the operators of traditional vehicles are not paying attention to the road, fidgeting with phones or other touch-screen devices, or forgetting to check their blind spots, they risk the lives of motorcyclists around them. If you have fallen victim to the reckless driving conduct of another while riding your motorcycle, the Wisconsin attorneys at GCL can help.

The experienced team of motorcycle accident lawyers at Gingras, Cates & Luebke understands the unique legal hurdles facing motorcycle drivers after an accident. Our staff is well versed in what it takes to make sure that an injured motorcycle driver receives just compensation for injuries in an accident. We will work to make sure that you can focus on getting back on your motorcycle while we focus on resolving your claim against the other driver and their insurance company.

Motorcycle Accident FAQ

I was involved in a motorcycle accident, what should I do?

1) Get medical treatment for your accident if needed. If you are in pain, go to a medical doctor, chiropractor, urgent care or ER as soon as possible. Your health is extremely important. Be proactive about getting a proper diagnosis and obtaining medical treatment for your injuries. Do not delay!

2) Next, you should open a claim with your auto insurance carrier and the other driver’s insurance carrier. If the other driver’s insurance company calls, which they will, wanting a statement—do not give them one. You are not obligated to. If you have been injured, first seek the representation of an attorney before ever providing a statement to the other person’s insurance company.

3) Finally, call Gingras, Cates & Luebke for a free, no risk case consultation.

Will the person who caused my motorcycle accident injury be punished?

The person who caused the motorcycle accident injuries is typically do not receive jail time or criminal fines as punishment. Those are common criminal sentences, and personal injury cases, such as a motorcycle accident injury, are civil actions which do not include jail time. However, in some cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future. One of the most common situations where punitive damages may be available is when a person is injured in a motorcycle accident by a drunk driver.

What is negligence when it comes to motorcycle accidents?

Negligence, as in motorcycle and other vehicle accidents, is the failure to use reasonable care to prevent harm to others. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. We have represented thousands of individuals who have been injured in car accidents due to the negligence of other drivers. If you have been injured by another’s negligence, contact our office for a free, no-hassle consultation.

What if a person dies from injuries caused by a motorcycle accident before bringing a lawsuit?

If a person dies as a result of a motorcycle accident, it is referred to as wrongful death. Spouses, parents, children, siblings, and grandparents may have a claim for wrongful death against the responsible parties. The relationship with the decedent will dictate the priority of the claim. The types of damages that can be sought depending on that relationship are: Financial support that the survivor(s) would have received, Value of household services that would have been provided by the decedent, Loss of companionship, affection, love, care, comfort, society, Loss of consortium (sexual relations) for the surviving spouse, Funeral and burial expenses. Because the loss of a loved one can completely alter the life of the surviving family, it is important to retain an experienced personal injury attorney to recover the just compensation you deserve. GCL has handled numerous wrongful death cases involving motorcycle and other vehicle accidents in order to take away the burden on the rest of the family.

Do I still have a claim if my health insurance paid my medical bills?

Absolutely. Most injured persons in a motorcycle accident do not realize that they are entitled to the full value of their medical treatment—the actual cost of the treatment, not just their co-pay or deductible. Often times, insurance carriers attempt to reduce an injury victim’s damages by offering to just pay their ‘out of pocket’ expenses, which leaves the injured person less than whole.  While your health insurance carrier and/or medical payments coverage on your automobile policy have to pay for your medical expenses, they also have the right to be paid back.  This is generally referred to as subrogation.  That can be a difficult and tricky process which is usually best handled by lawyers like those at GCL.

Do I have the right to bring a lawsuit after a Wisconsin motorcycle accident?


If you were injured in a motocycle accident that was caused by someone else and you are a legally competent adult, then you have the right to bring a lawsuit. However, it isn’t just injured adults who can bring lawsuits. There are other situations where you may be able to protect your loved one’s rights by filing a lawsuit on their behalf in a Wisconsin court. Specifically, you may be able to protect your loved one’s rights by filing a lawsuit if:

  • You are the parent or legal guardian of a child. If you have legal custody of a child under age 18, then you may be able to pursue a lawsuit on behalf of your child to get your child fair and just compensation for his or her injuries.
  • Your loved one died in the accident. If your spouse is tragically killed in an accident, then you have the right to bring a claim for the loss of your spouse.  In addition, unless a will or other legal document dictates otherwise, you can also bring a claim on behalf of your deceased spouse’s estate for funeral and burial expenses as well as for any conscious pain and suffering that they endured.  Juggling everything after someone has been killed can be overwhelming and the lawyers at GCL can help get you through the tough times.

If you or a loved one has been hurt in a motorcycle accident, call Gingras, Cates, & Luebke for more information on how we can help.

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