By: Attorney Chris Strohbehn 

Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or bicycle accident because the person was not wearing a helmet. In these situations, injury victims will need to understand their rights and determine how helmet use will affect their ability to receive compensation for their injuries.

Wisconsin Helmet Laws

The state of Wisconsin strongly recommends that motorcyclists and their passengers and bicyclists wear helmets that meet or exceed the standards for protecting against brain injuries. However, the state does not require either adults or children to wear helmets when riding bicycles. Motorcyclists who are at least 18 years old are not required to wear helmets, but helmets are required for cyclists and passengers under the age of 18. Helmets are also required for people with motorcycle learning permits and any passengers they are carrying. 

By Attorney Chris Strohbehn and Paralegal Ruth Campos

Motorcycle crashes in Wisconsin are particularly dangerous, with over 90 percent of motorcyclists who are involved in an accident suffering an injury or losing their lives. Perhaps even more astonishingly, nearly 14 percent of all vehicle accident fatalities are motorcyclists, despite the fact that they account for less than 2 percent of Wisconsin accidents. It is clear that an accident can have a severe impact on a motorcyclist’s life, and if you have been injured by another driver, it is important for you to understand how you can pursue compensation for the damages you have suffered.

Common Causes of Motorcycle Accidents

When a motorcycle accident is caused by another driver, it is often because the other driver failed to see or detect the motorcycle, perhaps because of a distraction, inattentiveness due to driver fatigue, or alcohol impairment. As with other types of accidents, excessive speed can also be a contributing factor. Some motorcycle accidents also occur because another driver fails to respect or account for the motorcyclist’s right to share the road.

By Attorney Chris Strohbehn

Fall is a popular time to hit the road to enjoy the colorful foliage, and with the ideal mix of warm days and cool nights, there is no better area to enjoy the show than in Wisconsin. To many, the only thing that makes this better is to witness this spectacle of nature astride a motorcycle. Yet nothing can ruin your autumn ride like a serious motorcycle accident. Before you hit the road, it is a good idea to familiarize yourself with the state’s basic motorcycle regulations, and if you become involved in a collision, you should speak to an attorney to determine your options for recovering compensation.  

Wisconsin Motorcycle Regulations

• Headlights: Use of headlights is required at all times, including daytime.
• Modulating headlights: These are permitted under the Code of Federal Regulations.
• Eye protection: Shatterproof protective eyewear is required except for cycles with a windscreen that extends at least 15 inches above the handlebars. Dark or tinted eye protection—such as sunglasses— cannot be worn at night or in low-light conditions.
• Handlebar height: The maximum height allowed is 30 inches above the seat.
• Head protection: U.S. Department of Transportation (DOT)-approved helmets are required for all drivers and passengers under the age of 18. All drivers with a learner’s permit or instructional motorcycle permit also are required to wear a helmet.
• Passenger age: There is no age restriction for passengers.
• Motorcycle equipment: All motorcycles must be equipped with turn signals, at least one rear-view mirror, and a muffler.  
• Passenger equipment: All motorcycles carrying a second person must have a separate passenger seat and two footrests.
• Insurance: All motorcyclists must have accident liability insurance.

Safety First

When it comes to motorcycle safety, it is always a good idea to err on the side of caution. For this reason, most experts recommend always wearing protective eyewear and a helmet. Other safety recommendations include wearing bright-colored clothing to increase visibility as well as suitable shoes or boots; long, heavy-gauge pants such as jeans; and a long-sleeved jacket (preferably leather or a similar heavy material), all of which can provide added protection in case of a fall.

It is springtime, which means motorcyclists will removing the covers off their motorcycles and going for their first ride in months. If you are a motorcyclist, you should take this time to re-familiarize yourself with safety tips that will help you avoid accidents. 

Follow these tips to avoid a motorcycle accident this spring.

1. Mind the weather. Spring is notoriously a wet time of year, and roads are often slippery or muddy. You should never assume the depth of standing water.
2. Inspect your bike. Your tires should be free from cracks, bulges, and signs of wear in the treads. You should also look under your bike for any signs of oil or gasoline leaks. All fluid levels should be tested, and any burned out headlights, tail lights, or signals should be replaced.
3. Conduct additional inspections once mounted and riding for the first time. When you first get on your bike, there are additional areas that should be checked. The clutch and throttle should slide easily. Mirrors should be readjusted and cleaned. Brakes should feel firm, and the horn should be adequately loud.
4. Be aware of changing road conditions. It is likely that some of your favorite routes will have changed since fall. Even if you drive on a street regularly by car, you may not notice conditions that are hazardous to a motorcycle. Potholes and cracks that can be dangerous if encountered on a bike are likely to emerge after winter.
5. Wear a helmet. Be sure to use a helmet that provides full head protection, and insist that your passengers do as well. According to the National Highway Safety Administration, over 1,000 lives are saved each year by wearing a helmet.

Contact a Milwaukee Motor Vehicle Accident Attorney

Even putting practice these safety tips into practice will not prevent every accident. In fact, in accidents between a vehicle and a motorcycle, most collisions are the fault of the driver of the vehicle. Car drivers often do not see motorcyclists, even when a cyclist is complying with the rules of the road. In these situations, an injured motorcyclist should be compensated for their medical expenses, income lost due to the inability to work following an injury, and pain and suffering.

As the weather begins to warm up in the spring and summer months, more and more motorcycles will be appearing on Wisconsin’s roads. Unfortunately, while motorcyclists have the same rights on the road as other vehicles, they are much more likely to be seriously injured in a collision. In fact, around 2,000 motorcyclists are injured and dozens of cyclists and their passengers are killed in motorcycle accidents in Wisconsin every year. In order to protect the safety of everyone who uses the road, both cyclists and drivers of other vehicles should practice the following safety tips:

Safety Tips for Cyclists

• Wear a helmet. While Wisconsin law only requires helmets for motorcyclists or passengers who are under the age of 18, it is highly recommended for everyone to wear a full-coverage helmet, which can greatly reduce the possibility of brain injuries.

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