Securing Compensation for Left-Turn Intersection Motorcycle Crashes in Wisconsin
The most common motorcycle crash in Wisconsin happens when a car turns left directly in front of an oncoming biker. Even if the driver says they 'didn't see you,' state law requires them to yield the right-of-way to oncoming traffic.
Introduction to Left-Turn Intersection Crashes
Intersections are the most dangerous places on Wisconsin roads for a motorcyclist. Countless riders in Oshkosh, Appleton, and Kenosha have experienced the terrifying moment when a passenger car suddenly cuts across their path to make a left turn. The impact is often catastrophic, throwing the rider over the hood of the vehicle and resulting in severe orthopedic injuries, spinal cord damage, or death.
When the police arrive, the driver inevitably uses the same excuse: 'I just didn't see them.' Insurance companies often try to use this excuse to argue that the motorcycle must have been speeding or riding recklessly. Overcoming this defense and securing fair compensation requires meticulous evidence gathering. Utilizing a skilled injury lawyer from our directory of US Attorneys is the best way to protect your financial future. Here is how these left-turn crashes are litigated in Wisconsin.
Step-by-Step Defense Strategies for Left-Turn Collisions
Under Wis. Stat. § 346.18, the operator of a vehicle intending to turn to the left into an alley, private road, or intersection must yield the right-of-way to any vehicle approaching from the opposite direction. This statute is the foundation of your injury claim.
Overcoming the 'I Didn't See Them' Defense from Drivers
Inattentional blindness is a psychological phenomenon where drivers look but fail to 'see' a motorcycle because they are mentally scanning for the wide profile of a car. However, under Wisconsin civil law, failing to see what is plainly visible is an act of negligence. A driver's claim that they did not see you is an admission of their failure to keep a proper lookout, not a valid legal excuse. The legal precedent set in Pucci v. Rausch, 51 Wis. 2d 513 (WI Supreme Court 1971) reinforces that drivers turning left have an essential duty to observe oncoming traffic and yield the right-of-way.
Proving Speed and Right-of-Way with Accident Reconstruction
To deflect blame, the driver's insurance company will routinely accuse you of speeding. They will argue that if you were going the speed limit, the driver would have had plenty of time to complete the turn. If you were even 5 MPH over the limit, they will use Wisconsin's modified comparative negligence law (Wis. Stat. § 895.045) to reduce your settlement or deny it entirely. Your attorney will counter this by bringing in accident reconstruction specialists who measure skid marks, crush damage, and the distance your body was thrown to mathematically prove you were traveling at a safe speed.
Eye Protection Laws and Visibility Arguments
Another tactic adjusters use involves Wisconsin's safety equipment laws. Under Wis. Stat. § 347.485, while adults do not need helmets, all riders must wear protective glasses, goggles, or a face shield unless the motorcycle is equipped with a windshield rising 15 inches above the handlebars. If you were not wearing required eye protection, the defense will argue your vision was impaired by wind or debris, contributing to your delayed reaction time. Ensure that your Form DT4000, Wisconsin, Department of Transportation, Wisconsin Motor Vehicle Crash Report clearly documents that you were wearing legal eyewear or had a compliant windshield at the time of the crash.
How Much Does it Cost in Wisconsin?
Securing compensation after a major intersection crash involves specific financial dynamics, but it is accessible to all victims.
- No Upfront Attorney Fees: Personal injury lawyers in Wisconsin work on a contingency fee basis. They will represent you against the insurance company and take a percentage of the final settlement (usually 33.3% to 40%). You pay nothing if you lose.
- Reconstruction Expert Costs: Because proving speed is critical in left-turn crashes, hiring a forensic engineer for accident reconstruction is common. This can cost between $3,000 and $8,000, which your lawyer will typically advance.
- Court Costs: Filing a lawsuit in courts like the Outagamie County Circuit Court, Appleton or the Kenosha County Circuit Court, Kenosha requires a filing fee of approximately $265, plus costs for serving the driver with a summons.
How Long Does the Process Take?
Because left-turn collisions often result in severe trauma (such as shattered pelvises or traumatic amputations), you must wait until you have reached Maximum Medical Improvement before demanding a settlement. This medical recovery phase can take 6 to 12 months. Once your lawyer sends the demand package, negotiations typically take 30 to 90 days. If a lawsuit is filed, the process of depositions, mediation, and getting a trial date scheduled can take 1 to 2 years.
Frequently Asked Questions (FAQ)
What if the driver who turned left was uninsured?
If the negligent driver lacked insurance, you can file a claim against your own motorcycle policy's Uninsured Motorist (UM) coverage. Wisconsin law requires all insurance policies to include UM coverage to protect you in exactly this scenario.
Does wearing brightly colored gear help my case?
Yes. If you were wearing a high-visibility jacket or had your daytime running lights on, it severely undercuts the driver's argument that you were difficult to see, proving their failure to keep a proper lookout.
What if I braked hard and laid the bike down before the impact?
Even if your motorcycle never physically touched the car, the driver can still be held 100% liable for causing a 'no-contact' crash by violating your right-of-way and forcing you into an emergency evasive maneuver.
Will my medical bills be paid while I wait for a settlement?
Your private health insurance or Medicare should pay your medical bills as you incur them. Once you receive your settlement, your health insurer will legally request to be reimbursed from the settlement funds (known as subrogation).
No reviews yet. Be the first to share your experience!