Proving Negligence in a motorcycle injury case
Proving Negligence in a Wisconsin Motorcycle Injury Case
If you’re reading this, chances are either you or someone you love has been injured in a motorcycle crash—and first, let us say this: we’re truly sorry. Motorcycle accidents can be devastating. In a split second, your life can be turned upside down by someone else’s careless decision.
At McCarthy Motorcycle Law, we don’t just understand what you're going through—we care. We’ve represented riders on two wheels across Wisconsin, and we’re riders ourselves (or used to be, before we made promises to loved ones to stay off the bike). We’ve seen firsthand how serious these crashes are, how insurance companies treat bikers, and how hard it can be to get justice.
But here’s the thing: you’re not powerless. You have rights. And we’re here to help you stand up for them.
One of the most important steps in any motorcycle injury case is proving negligence. So let’s break that down—what it means, why it matters, and how we help you prove it.
What Is Negligence, Anyway?
In simple terms, negligence means someone didn’t act the way a reasonable person should have—and that failure hurt someone else. In motorcycle cases, that usually means a driver wasn’t paying attention, wasn’t following the rules of the road, or made a reckless move that caused a crash.
Under Wisconsin law, if another person’s negligence caused your injuries, they (and their insurance company) are responsible for making you whole. That means covering your medical bills, lost wages, pain and suffering, and more.
But just knowing someone was at fault isn’t enough. You have to prove it.
The Four Elements of Negligence
To win your case, we typically need to show four things:
Duty of Care – The other driver had a legal responsibility to drive safely.
Breach of Duty – They failed to live up to that responsibility.
Causation – That failure caused your crash and injuries.
Damages – You suffered actual harm—physical, emotional, or financial.
It sounds simple on paper, but insurance companies fight tooth and nail at every step. That’s why having an experienced motorcycle lawyer on your side can make all the difference.
Real-World Examples of Negligence in Motorcycle Cases
Here are just a few examples of what negligence can look like in real life:
A driver turns left in front of a motorcyclist because they “didn’t see them.”
Someone’s texting and swerves into the motorcycle’s lane.
A driver follows too closely and rear-ends a bike at a red light.
A car pulls out from a side street without checking for motorcycles.
A semi-truck driver fails to yield when merging onto the highway.
Sound familiar? These are the kinds of crashes we see all the time—and we know how to prove what really happened.
The Challenges Motorcyclists Face
Let’s be honest—motorcyclists don’t always get a fair shake. Too many people still carry outdated biases against bikers. They assume we’re reckless. That we were probably speeding. That we “asked for it” by being on a motorcycle in the first place.
That’s not just unfair—it’s dangerous. We know better.
We fight back against those assumptions every day. We work hard to make sure judges, juries, and insurance adjusters see you as a human being who was wronged—not just a stereotype on two wheels. You deserve better than that. You deserve the truth to come out.
How We Prove Negligence in Motorcycle Cases
At McCarthy Motorcycle Law, we don’t cut corners. We dig deep to uncover every detail that proves the other party was at fault. Here’s how we do it:
1. Crash Scene Evidence
Right after a crash, evidence can disappear fast. Skid marks fade. Vehicles are moved. Witnesses scatter. That’s why we move quickly to:
Visit the scene of the crash
Take photos and videos
Look for surveillance cameras (from traffic lights, businesses, or homes)
Inspect vehicle damage and debris patterns
Sometimes we bring in accident reconstruction experts to help us show exactly how the crash happened.
2. Witness Statements
People who saw the crash can provide powerful testimony. We track down and interview witnesses who can help confirm your version of events. If needed, we get written affidavits or take depositions under oath.
3. Police Reports
Police reports can contain crucial details—like citations issued to the other driver, diagrams of the crash, and statements from the drivers or witnesses. If the report supports your case, we use it. If it doesn’t, we work to show why the officer may have gotten it wrong (it happens more often than you’d think, especially with motorcycles).
4. Phone Records and Other Data
If distracted driving is suspected—like texting or phone use—we can subpoena phone records to prove it. We can also use data from vehicle black boxes, GPS systems, and even apps to build your case.
5. Medical Records and Expert Testimony
To prove your damages, we work closely with your doctors and medical experts. They help connect the crash to your injuries and show how your life has been impacted—physically, emotionally, and financially.
What If They Try to Blame You?
This is a common tactic—and it’s one we’re always prepared for.
Wisconsin follows a system called comparative negligence. That means even if you were partly at fault, you can still recover damages—as long as you were less than 51% responsible.
So if the insurance company says, “You were speeding,” or “You should have seen the car coming,” we push back. Hard. We bring in experts. We highlight the other driver’s mistakes. We work to reduce or eliminate your share of the blame—because every percentage point matters when it comes to your recovery.
And here’s the key: the insurance company’s opinion doesn’t decide fault. A judge or jury does. We make sure your voice is heard.
You Focus on Healing. We’ll Handle the Fight.
We know how overwhelming this all feels. You’re dealing with pain, doctor visits, bills, time off work—and on top of that, you’re supposed to fight an insurance company?
That’s where we come in.
When you hire us, we take the legal burden off your shoulders so you can focus on what matters most: getting better. We’ll:
Handle all communications with insurance adjusters
Investigate the crash and gather evidence
Prove negligence and fight for your full compensation
Keep you informed every step of the way
You’re not alone. We’re in this together.
We Believe in Motorcyclists
At McCarthy Motorcycle Law, we believe motorcyclists deserve respect. We believe you have just as much right to the road as anyone else. And when someone else’s negligence takes that away from you, we’ll be there to make it right.
We know the stakes are high. We’ve seen the aftermath of these crashes—broken bones, brain injuries, lost income, and lost lives. That’s why we fight like hell for our clients. And we don’t back down from big insurance companies, trucking firms, or corporations.
When you’re ready to talk, we’re ready to listen.
Let’s Get You the Justice You Deserve
If you or a loved one has been hurt, or killed, in a motorcycle crash in Wisconsin, we’re here to help. Your case matters. Your story matters. And proving negligence is just the beginning of the path to justice.
We offer free consultations, and we don’t charge a dime unless we win your case. With our confidential case evaluations, t costs you nothing to find out where you stand—and it could be the first step toward getting the answers, accountability, and compensation you deserve.
Reach out today. Get your free case evaluation. Let’s talk about what happened, how we can help, and what we can do—together—to make things right.