Motorcycle accident
Motorcycle Accident Attorneys in Madison, Wisconsin
The firms in this guide
- Hupy and Abraham, S.C. Call Hupy and Abraham, S.C.: (608) 277-7777
- Nicolet Law Accident & Injury Lawyers Call Nicolet Law Accident & Injury Lawyers: (608) 467-0429
- Eisenberg Law Offices, S.C. Call Eisenberg Law Offices, S.C.: (608) 256-8356
- Gruber Law Offices, LLC Call Gruber Law Offices, LLC: (608) 231-1777
- LawtonCates, S.C. Call LawtonCates, S.C.: 608-282-6200
1. Hupy and Abraham, S.C.
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, insurance disputes
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck accidents, left-turn crashes, intersection accidents, lane change collisions, drunk driver accidents, hit-and-run cases, uninsured/underinsured motorist claims
Legal Services: Free case evaluation, accident investigation, evidence preservation, insurance negotiation, personal injury litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering compensation
Background: Hupy and Abraham has handled over 70,000 cases and recovered more than $2 billion for clients. The firm has attorneys who are motorcycle enthusiasts themselves and understand rider perspectives. They are licensed to practice in Wisconsin state and federal courts.
Location: 10 E. Doty Street, Suite 800, Madison, WI 53703
Contact: (608) 277-7777 | https://www.hupy.com
Consultation: Free consultation, contingency fee (no fee unless recovery)
2. Nicolet Law Accident & Injury Lawyers
Practice Focus: Motorcycle accidents, bicycle accidents, personal injury
Case Types Handled: Motorcycle accidents, bicycle accidents, other personal injury claims
Legal Services: Motorcycle injury claims, free consultation, calls answered 24/7, contingency fee representation
Background: Nicolet Law is a Midwest personal injury firm that brands its rider practice as The Midwest Motorcycle Lawyers and states that it has served the area for more than 15 years. It has a Madison office on East Washington Avenue.
Location: 834 E. Washington Avenue Suite 237, Madison, WI 53703
Contact: (608) 467-0429 | https://nicoletlaw.com/madison-motorcycle-accident-lawyer/
Consultation: Free consultation, contingency fee
3. Eisenberg Law Offices, S.C.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, other vehicle accidents, personal injury; the firm also handles criminal defense
Case Types Handled: Motorcycle accidents, car accidents, truck accidents, other vehicle accidents and personal injury cases across Wisconsin counties including Rock and Sauk
Legal Services: Personal injury trial work, statewide representation, criminal defense
Background: Eisenberg Law Offices is a Madison trial firm that handles cases statewide and cites 140 years of combined legal experience among its lawyers.
Location: 121 S. Pinckney St., Suite 400, Madison, WI 53703
Contact: (608) 256-8356 | https://eisenberglaw.org/
Consultation: Contact the firm for a case review
4. Gruber Law Offices, LLC
Practice Focus: Motorcycle accidents, personal injury, wrongful death, vehicle accidents, insurance disputes
Case Types Handled: Motorcycle collisions, left-turn accidents, rear-end crashes, intersection accidents, drunk driver collisions, uninsured motorist claims
Legal Services: Free case evaluation, accident investigation, insurance claim handling, settlement negotiation, trial representation, medical expense recovery, lost wage claims
Background: Gruber Law Offices has over 40 years of experience serving injury victims in Wisconsin. The firm is known for handling personal injury cases throughout the state, including motorcycle accidents.
Location: Madison, WI (multiple Wisconsin locations)
Contact: (608) 231-1777 | https://www.gruber-law.com
Consultation: Free consultation, contingency fee arrangement
5. LawtonCates, S.C.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, dog bites, wrongful death, lemon law; the firm also handles criminal defense
Case Types Handled: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, dog bites, wrongful death
Legal Services: Personal injury claims, lemon law claims, representation with no fee until the firm recovers
Background: LawtonCates is a Wisconsin personal injury firm that dates its mission to 1958 and serves Madison, Milwaukee and Jefferson. Its attorneys include Daniel P. Bach and David M. Stegall.
Location: Madison, WI
Contact: 608-282-6200 | https://www.lawtoncates.com/
Consultation: No fee until the firm recovers
Helmet and Eye Protection Rules, Lane Use and Comparative Negligence for Madison Motorcycle Crashes
A Madison motorcycle crash claim can turn on Wisconsin’s equipment rules, which require helmets only for some riders but eye protection for every operator, and on the rule that motorcycles get the full use of a traffic lane. Wisconsin then compares the rider’s negligence with each other driver’s, one at a time.
Who Must Wear a Helmet
Under Wis. Stat. 347.485(1)(a), a person who holds an instructional permit or is under 18 may not operate or ride on a motorcycle on any highway without protective headgear meeting 49 CFR 571.218, with the chin strap properly fastened. Under (1)(am), an operator carrying a passenger under 18 must make sure the passenger wears protective headgear.
Eye Protection for Every Operator
Under Wis. Stat. 347.485(2), no person may operate a motorcycle on a highway without a face shield attached to the headgear, glasses or goggles, and eye protection worn in darkness may not be tinted except prescribed photosensitive lenses. The requirement does not apply on a motorcycle with a windshield rising at least 15 inches above the handlebar or in a parade the municipality sanctions.
The Full Use of a Lane
Under Wis. Stat. 346.595(1), all motor vehicles, including motorcycles, are entitled to the full use of a traffic lane, and no vehicle may be driven so as to deprive another of it. With the consent of both drivers, motorcycles may ride not more than 2 abreast in a single lane, and under (5) motorcycle headlamps must be lighted whenever the motorcycle is in operation.
Comparing the Rider’s Negligence
Under Wis. Stat. 895.045(1), a rider’s contributory negligence does not bar recovery if it was not greater than the negligence of the person against whom recovery is sought, and it is measured separately against each causally negligent person. A defendant below 51 percent pays only its own percentage.
Madison Motorcycle Accident Questions
Does every adult rider in Wisconsin have to wear a helmet?
No. Wis. Stat. 347.485(1)(a) applies to riders who hold an instructional permit or are under 18, and (1)(am) to passengers under 18; every operator must still wear eye protection unless an exception in (2) applies.
Can I recover if I was partly at fault?
Yes, if your negligence is not greater than the other driver’s. For example, imagine $70,000 in damages and 45 percent of the negligence on the rider, with 55 percent on the driver: the recovery would be $38,500.
How long do I have to sue?
Three years for an injury claim under Wis. Stat. 893.54(1m)(a), and 2 years for a wrongful death action arising from a motor vehicle accident under 893.54(2m). A claim over a City of Madison or other local government vehicle has an earlier step: under 893.80(1d)(a), written notice of the circumstances is due within 120 days after the crash, unless the entity had actual notice and the delay was not prejudicial, and under 345.05(3) recovery for a municipal vehicle’s negligent operation may not exceed $250,000.