Lessons Learned: Common Rider Mistakes That Lead to Legal Trouble—and How to Avoid Them

If You Ride in Wisconsin, Read This Before It’s Too Late

Most riders we talk to are smart, experienced, and take their safety seriously. But even great riders can end up in bad situations—not always because of how they ride, but because of what they didn’t know.

And when a crash happens, what you do (or don’t do) in the moment can make or break your ability to recover—physically, legally, and financially.

This page isn’t here to judge anyone. It’s here to give you the hard-earned insight we’ve picked up helping Wisconsin motorcyclists through some of the worst days of their lives. These are the mistakes we see again and again—and how to steer clear of them.

Riding Free Doesn’t Mean Riding Careless

The freedom of the open road is why we ride—but freedom doesn’t mean ignoring the stuff that can come back to haunt you.

The reality is, motorcyclists are often blamed, shortchanged, or ignored when something goes wrong. But that doesn’t mean you have to take it lying down.

Mistake #1: Skipping Out on Uninsured and Underinsured Coverage

Here’s the hard truth: in Wisconsin, the driver who hits you might only have $25,000 of coverage. That might not even cover your ER bill—let alone weeks off work, surgery, or long-term rehab.

And worse? If they have no insurance at all—and plenty don’t—you’re left holding the bag unless you protected yourself ahead of time.

How to Avoid It:
Make sure your own policy includes solid uninsured (UM) and underinsured (UIM) motorist coverage. It’s one of the cheapest upgrades you can make to your insurance, and it’s the one thing that can save you when the other driver can’t—or won’t—pay.

Mistake #2: Leaving the Scene Too Quickly

You crash. You stand up. You feel okay. Maybe the other driver seems shook up. You wave it off, say you’re fine, and head out. The problem? Two days later, your back locks up and the other driver tells their insurance you were never hurt at all.

How to Avoid It:
Always get a police report. Always take photos. Always get checked out. Even if you don’t want to make a “big deal” out of it—make sure there’s a record. It’s not about being dramatic. It’s about protecting yourself if things get worse.

Mistake #3: Trusting the Insurance Adjuster

Adjusters love to act like they’re just trying to help. “Tell us what happened and we’ll get this taken care of.” They might even sound friendly—especially at first. But their job is to protect the company, not you.

How to Avoid It:
Don’t give a recorded statement. Don’t admit fault. Don’t apologize. Don’t speculate. Better yet—don’t talk to them at all without talking to a lawyer first. You don’t have to lawyer up for a street brawl. You just need someone who knows what they’re doing.

Mistake #4: Not Wearing the Right Gear

Wisconsin law doesn’t require helmets for riders over 18. But just because something isn’t legally required doesn’t mean it’s not legally important.

We've seen insurance companies argue that a rider was partly at fault because they weren’t wearing gear—even if the crash wasn’t their fault at all.

How to Avoid It:
At a minimum: wear a full-face helmet, gloves, jacket with armor, long pants, and real riding boots. Not because it’s the law—but because your life, your recovery, and your case may depend on it.

Mistake #5: Believing the Other Driver Will Be Honest

Here’s a hard pill to swallow: plenty of drivers lie after a crash. They’ll say you were speeding. That you swerved. That they didn’t see you. That you came out of nowhere. And if you didn’t get proof? It becomes your word against theirs.

How to Avoid It:
Take photos—of the damage, the road, your bike, their car, the scene. Get witness info. And if you can, run a helmet cam. We’ve seen video evidence turn a losing case into a slam-dunk.

Mistake #6: Posting About It on Social Media

We know—it’s natural to want to share what happened. Maybe you’re venting. Maybe you’re reassuring friends. But the insurance company is watching. So is the defense lawyer. And they’ll use your posts against you.

How to Avoid It:
Keep it offline. Don’t post about the crash, your recovery, your rides, or anything that could be twisted to suggest you’re exaggerating or at fault. That includes your friends. Ask them not to tag you in anything, especially related to the wreck. You know how many Facebook pictures we’ve seen of riders smiling at Christmas that have been used against our clients?

Mistake #7: Waiting Too Long to Talk to a Lawyer

You don’t want to seem like the kind of person who sues. You just want to get better. So you wait. Then you get hit with medical bills. The insurance company lowballs you. And you realize key evidence is gone or deadlines have passed.

How to Avoid It:
You don’t have to sue to talk to a lawyer. We offer free, confidential consultations if we think we can help. No pressure. No upfront cost. Just solid advice on what to do next—while there’s still time to do it.

Mistake #8: Not Getting Medical Treatment Right Away

A lot of riders are tough. You shake it off. Say you’re fine. Maybe you don’t want the hassle or the hospital bill. But if you skip medical care, the insurance company will argue you weren’t really hurt—or that something else caused your injuries.

How to Avoid It:
Get checked out. Always. Even if you don’t take the ambulance, go to urgent care or your doctor as soon as you can. Keep records. Follow up. It’s not just about your health—it’s about proving you were hurt when you say you were.

Mistake #9: Not Knowing the Laws That Apply to You

Wisconsin has its own set of motorcycle laws. That includes equipment requirements, licensing rules, lane use, and more. If you’re caught breaking one—even accidentally—it could come back to bite you in a case.

How to Avoid It:
Know your rights and your responsibilities. Learn the rules about eye protection, passenger requirements, and insurance minimums. Take a safety course. Join a local rider group. Knowledge is power—and protection.

Mistake #10: Thinking “That Won’t Happen to Me”

This might be the biggest one. Every rider thinks it… until they can’t anymore. The reality is, crashes happen fast—and not always because of something you did wrong.

What you do after the crash is what matters most.

You Ride Smart. Now Ride Legally Safe.

Being a motorcyclist in Wisconsin means riding roads most people only dream of. But it also means being unfairly blamed, underestimated, and sometimes targeted—by drivers, adjusters, and even law enforcement.

That’s why we do what we do. At McCarthy Motorcycle Law, we’re proud to be considered Wisconsin’s Motorcycle Law Firm. We stand up for riders. We know how to fight for justice after a crash—and we make sure your story gets heard, not buried.

You Don’t Have to Handle This Alone

If you’ve been in a crash—or even just have questions—we’re here. We offer fast, free, confidential case evaluations. We’ll shoot straight. If we can help, we’ll tell you how. If we can’t, we’ll point you to someone who can.

Your ride matters. Your story matters. And so does your future.