Wisconsin Motorcycle Laws
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WISCONSIN MOTORCYCLE LAWS*
Wisconsin motorcyclists are protected under Wisconsin motorcycle law that makes negligent drivers responsible and liable to Wisconsin motorcyclists. A biker who is involved in a Wisconsin motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Wisconsin.
If you sustained an injury due to a Wisconsin motorcycle accident and you haven’t contacted a lawyer about your Wisconsin motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer. 1-877-Biker-Law (1-877-245-3752).
Ø Wisconsin is an At-Fault state: This means that the law of negligence governs Wisconsin motorcycle and motor vehicle accidents. The person who is found to be “at fault” for your Wisconsin motorcycle accident can be held accountable for your injuries and damages resulting from your Wisconsin motorcycle accident.
Ø Wisconsin Helmet Law: When riding on or operating a Wisconsin motorcycle, you must wear a helmet if you are under the age of 18, or if you are an instructional permit holder.
W.S.A. 347.485
347.485. Protective headgear for use on Type 1 motorcycles
(1)(a) No person who holds an instructional permit under s. 343.07(4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.
(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.
Ø Wisconsin Eye Protection Laws: When riding on or operating a Wisconsin motorcycle, eye protection is required by law unless the Wisconsin motorcycle is equipped with a windscreen at least 15 inches higher than the Wisconsin motorcycle’s handlebars.
W.S.A. 347.485
347.485. Protective headgear for use on Type 1 motorcycles
(2)(a) No person may operate a motorcycle on any highway without wearing any of the following eye protection:
1. A protective face shield attached to the headgear.
2. Glasses.
3. Goggles.
(b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.
(c) Notwithstanding par. (a), if the motorcycle is a Type 2 motorcycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.
Ø Wisconsin Minimum Insurance Required for Motorcycles: The minimum insurance required for your Wisconsin motorcycle is Compulsory Liability Insurance.
- Bodily Injury Liability (1 Person): $25,000
- Bodily Injury Liability (All persons, 1 accident): $50,000
- Property Damage Liability: $10,000
W.S.A. 344.33
344.33. “Motor vehicle liability policy" defined
(1) Certification. In this chapter, “motor vehicle liability policy" means a motor vehicle policy of liability insurance, certified as provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an automobile liability business in this state to or for the benefit of the person named in the policy as the insured.
(2) Motor vehicle liability policy. A motor vehicle policy of liability insurance shall insure the person named therein using any motor vehicle with the express or implied permission of the owner, or shall insure any motor vehicle owned by the named insured and any person using such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to the limits exclusive of interest and costs, with respect to each such motor vehicle as follows: $25,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $50,000 because of bodily injury to or death of 2 or more persons in any one accident, and $10,000 because of injury to or destruction of property of others in any one accident.
Ø Wisconsin UIM Coverage: Underinsured, or uninsured, motorist coverage may protect you if you are injured in a Wisconsin motorcycle accident with an at-fault driver who has no insurance or inadequate insurance to cover your claim.
Ø Wisconsin Uninsured Motorist: If you are injured in a Wisconsin motorcycle accident with an at-fault driver who has no insurance, you may be covered if you have Uninsured Motorist Coverage. If you are injured in a Wisconsin motorcycle accident by an at-fault driver who is unidentifiable (hit and run driver) then you may also be covered if you have uninsured motorist coverage.
W.S.A. 632.32
632.32. Provisions of motor vehicle insurance policies
(1) Scope. Except as otherwise provided, this section applies to every policy of insurance issued or delivered in this state against the insured's liability for loss or damage resulting from accident caused by any motor vehicle, whether the loss or damage is to property or to a person.
(2) Definitions. In this section:
(a) "Motor vehicle" means a self-propelled land motor vehicle designed for travel on public roads and subject to motor vehicle registration under ch. 341. It includes trailers and semi trailers designed for use with such vehicles. It does not include farm tractors, well drillers, road machinery or snowmobiles.
(4) Required uninsured motorist and medical payments coverages. Every policy of insurance subject to this section that insures with respect to any motor vehicle registered or principally garaged in this state against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall contain therein or supplemental thereto provisions approved by the commissioner:
(a) Uninsured motorist. 1. For the protection of persons injured who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death resulting there from, in limits of at least $25,000 per person and $50,000 per accident.
2. In this paragraph "uninsured motor vehicle" also includes:
a. An insured motor vehicle if before or after the accident the liability insurer of the motor vehicle is declared insolvent by a court of competent jurisdiction.
b. An unidentified motor vehicle involved in a hit-and-run accident.
3. Insurers making payment under the uninsured motorists' coverage shall, to the extent of the payment, be subrogated to the rights of their insureds.
Ø Wisconsin Underinsured Motorist Coverage: If you are injured in a Wisconsin motorcycle accident by an at-fault driver who may only have the minimum required insurance, and inadequate insurance to cover your resulting injuries, you may be covered if you have Underinsured Motorist Coverage.
W.S.A. 632.32
632.32. Provisions of motor vehicle insurance policies
(4m) Underinsured motorist coverage. (a) 1. An insurer writing policies that insure with respect to a motor vehicle registered or principally garaged in this state against loss resulting from liability imposed by law for bodily injury or death suffered by a person arising out of the ownership, maintenance or use of a motor vehicle shall provide to one insured under each such insurance policy that goes into effect after October 1, 1995, that is written by the insurer and that does not include underinsured motorist coverage written notice of the availability of underinsured motorist coverage, including a brief description of the coverage. An insurer is required to provide the notice required under this subdivision only one time and in conjunction with the delivery of the policy.
Ø Wisconsin Statute of Limitations: A personal injury suit must be commenced within 3 years from the date of your Wisconsin motorcycle accident.
893.54 Injury to the person
The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.
*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Wisconsin motorcycle law regarding Wisconsin motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
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Find An Attorney In Wisconsin For Your Motorcycle Accident Injury Case
Who Should Seek A Motorcycle Accident Lawyer?
Anyone who has been involved in a motorcycle accident in Wisconsin (WI) should seek the advice of a qualified motorcycle accident lawyer.
Why Should You Contact The Motorcycle Lawyer?
The Motorcycle Lawyer helps motorcycle accident victims find a highly qualified lawyer in their state. Motorcyle accident victims need an edge wherever it exists, and the first place to gain that edge is by finding a lawyer who knows the unique laws in their state.
The Motorcycle Lawyer offers victims of motorcycle accidents this service at no charge to the accident victim seeking justice.
When Should A Motorcycle Accident Victim Seek Help?
It's very important to contact a lawyer as soon as possible. The Motorcycle Lawyer has reviewed many motorcycle accident cases and through our experience we have found that the sooner we can hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of the circumstances of your motorcycle accident to risk waiting. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months after.
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Providing The Motorcycle Lawyer with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Please call us at no cost and speak with Jason A. Waechter, the founding lawyer of The Motorcycle Lawyer at:
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Serving every city and town in the State of Wisconsin:
A
Abbotsford, Abrams, Adams, Adell, Afton, Albany, Algoma, Allenton, Allouez, Alma, Alma Center, Almena, Almond, Altoona, Amberg, Amery, Amherst, Amherst Junction, Aniwa, Antigo, Appleton, Arcadia, Arena, Argonne, Argyle, Arkansaw, Arkdale, Arlington, Armstrong Creek, Arpin, Ashippun, Ashland, Ashwaubenon, Athelstane, Athens, Auburndale, Augusta, Avalon, Avoca
B
Babcock, Bagley, Baileys Harbor, Baldwin, Balsam Lake, Bancroft, Bangor, Baraboo, Barneveld, Barron, Barronett, Bassett, Bay City, Bay Creek, Bayfield, Bayside, Bear Creek, Beaver Dam, Beetown, Beldenville, Belgium, Belleville, Belmont, Beloit, Benet Lake, Benoit, Benton, Berlin, Big Bend, Big Falls, Birchwood, Birnamwood, Black Creek, Black Earth, Black River Falls, Blair, Blanchardville, Blenker, Bloomer, Bloomington, Blue Mounds, Blue River, Bonduel, Boscobel, Boulder Junction, Bowler, Boyceville, Boyd, Branch, Brandon, Brantwood, Briggsville, Brill, Brillion, Bristol, Brodhead, Brokaw, Brookfield, Brooklyn, Brown Deer, Brownsville, Browntown, Bruce, Brule, Brussels, Bryant, Burlington, Burnett, Butler, Butte Des Morts, Butternut, Byron
C
Cable, Cadott, Caledonia, Cambria, Cambridge, Cameron, Camp Douglas, Camp Lake, Campbellsport, Caroline, Cascade, Casco, Cashton, Cassville, Cataract, Catawba, Cato, Cazenovia, Cecil, Cedar Grove, Cedarburg, Centuria, Chaseburg, Chetek, Chili, Chilton, Chippewa Falls, Clam Lake, Clayton, Clear Lake, Cleveland, Clinton, Clintonville, Clyman, Cobb, Cochrane, Colby, Coleman, Colfax, Colgate, Collins, Coloma, Columbus, Combined Locks, Comstock, Concord, Conover, Conrath, Coon Valley, Cornell, Cornucopia, Cottage Grove, Couderay, Crandon, Crivitz, Cross Plains, Cuba City, Cudahy, Cumberland, Curtiss, Cushing, Custer
D
Dale, Dallas, Dalton, Danbury, Dane, Darien, Darlington, De Forest, De Pere, De Soto, Deer Park, Deerbrook, Deerfield, Delafield, Delavan, Dellwood, Delta, Denmark, Dickeyville, Dodge, Dodgeville, Dorchester, Dousman, Downing, Downsville, Doylestown, Dresser, Drummond, Dunbar, Dunn, Durand
E
Eagle, Eagle River, East Ellsworth, East Troy, Eastman, Eau Claire, Eau Galle, Eden, Edgar, Edgerton, Edgewater, Edmund, Egg Harbor, Eland, Elcho, Elderon, Eldorado, Eleva, Elk Mound, Elkhart Lake, Elkhorn, Ellison Bay, Ellsworth, Elm Grove, Elmwood, Elroy, Elton, Embarrass, Emerald, Empire, Endeavor, Ephraim, Erin, Ettrick, Eureka, Evansville, Exeland
F
Fairchild, Fairwater, Fall Creek, Fall River, Fence, Fennimore, Ferryville, Fifield, Fish Creek, Fitchburg, Florence, Fond du Lac, Fontana, Footville, Forest Junction, Forestville, Fort Atkinson, Fort McCoy, Fountain City, Fox Lake, Fox Point, Francis Creek, Franklin, Franksville, Frederic, Fredonia, Freedom, Fremont, Friendship, Friesland
G
Galesville, Galloway, Gays Mills, Genesee Depot, Genoa, Genoa City, Germantown, Gile, Gillett, Gilman, Gilmanton, Gleason, Glen Flora, Glen Haven, Glenbeulah, Glendale, Glenwood City, Glidden, Goodman, Gordon, Gotham, Grafton, Grand Marsh, Grand View, Granton, Grantsburg, Gratiot, Green Bay, Green Lake, Green Valley, Greenbush, Greendale, Greenfield, Greenleaf, Greenville, Greenwood, Gresham
H
Hager City, Hales Corners, Hammond, Hancock, Hannibal, Hanover, Harrison, Harshaw, Hartford, Hartland, Hatley, Haugen, Hawkins, Hawthorne, Hayward Lakes, Hazel Green, Hazelhurst, Heafford Junction, Helenville, Herbster, Hertel, High Bridge, Highland, Hilbert, Hiles, Hillpoint, Hillsboro, Hillsdale, Hingham, Hixton, Holcombe, Hollandale, Holmen, Honey Creek, Horicon, Hortonville, Howard, Hubertus, Hudson, Humbird, Hurley, Hustisford, Hustler
I
Independence, Iola, Irma, Iron Belt, Iron Ridge, Iron River, Ixonia
J
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K
Kansasville, Kaukauna, Kellnersville, Kempster, Kendall, Kennan, Kenosha, Keshena, Kewaskum, Kewaunee, Kiel, Kieler, Kimberly, King, Kingston, Knapp, Kohler, Krakow
L
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M
Madeline Island, Madison, Maiden Rock, Malone, Manawa, Manitowish Waters, Manitowoc, Maple, Maplewood, Marathon, Marengo, Maribel, Marinette, Marion, Markesan, Marquette, Marshall, Marshfield, Mason, Mather, Mattoon, Mauston, Mayville, Mazomanie, McFarland, McNaughton, Medford, Medina, Mellen, Melrose, Menasha, Menomonee Falls, Menomonie, Mequon, Mercer, Merrill, Merrillan, Merrimac, Merton, Middleton, Mikana, Milan, Milladore, Millston, Milltown, Milton, Milwaukee, Mindoro, Mineral Point, Minocqua, Minong, Mishicot, Mondovi, Monona, Monroe, Montello, Montfort, Monticello, Montreal, Morrison, Morrisonville, Mosinee, Mount Calvary, Mount Hope, Mount Horeb, Mount Sterling, Mountain, Mukwonago, Muscoda, Muskego
N
Nashotah, Nashville, Necedah, Neenah, Neillsville, Nekoosa, Nelson, Nelsonville, Neopit, Neosho, Neshkoro, New Auburn, New Berlin, New Franken, New Glarus, New Holstein, New Lisbon, New London, New Munster, New Richmond, Newburg, Newton, Niagara, Nichols, North Freedom, North Lake, North Prairie, Norwalk
O
Oak Creek, Oakdale, Oakfield, Oconomowoc, Oconto, Oconto Falls, Odanah, Ogdensburg, Ogema, Ojibwa, Okauchee, Omro, Onalaska, Oneida, Ontario, Oostburg, Oregon, Orfordville, Osceola, Oshkosh, Osseo, Owen, Oxford
P
Packwaukee, Palmyra, Pardeeville, Park Falls, Patch Grove, Pelican Lake, Pell Lake, Pembine, Pepin, Peshtigo, Pewaukee, Phelps, Phillips, Phlox, Pickerel, Pickett, Pigeon Falls, Pine River, Pittsfield, Plain, Plainfield, Platteville, Pleasant Prairie, Plover, Plum City, Plymouth, Poplar, Port Edwards, Port Washington, Port Wing, Portage, Porterfield, Potosi, Potter, Pound, Powers Lake, Poy Sippi, Poynette, Praire Du Chien, Prairie du Sac, Prairie Farm, Prentice, Prescott, Presque Isle, Princeton, Pulaski
R
Racine, Radisson, Randolph, Random Lake, Readfield, Readstown, Red Granite, Reedsburg, Reedsville, Reeseville, Rewey, Rhinelander, Rib Lake, Rice Lake, Richfield, Richland Center, Ridgeland, Ridgeway, Ringle, Rio, Ripon, River Falls, Roberts, Rochester, Rock Falls, Rock Springs, Rockland, Rome, Rosendale, Rosholt, Rothschild, Royalton, Rubicon, Rudolph
S
Saint Cloud, Saint Croix Falls, Saint Francis, Saint Germain, Saint Nazianz, Salem, Sand Creek, Sarona, Sauk Prairie, Saukville, Saxeville, Saxon, Sayner, Scandinavia, Schofield, Seneca, Sextonville, Seymour, Sharon, Shawano, Sheboygan, Sheboygan Falls, Sheldon, Shell Lake, Sherwood, Shiocton, Shorewood, Shorewood Hills, Shullsburg, Silver Lake, Sinsinawa, Siren, Sister Bay, Slinger, Soldiers Grove, Solon Springs, Somers, Somerset, South Milwaukee, South Range, South Wayne, Sparta, Spencer, Spooner, Spring Green, Spring Valley, Springbrook, Springfield [Saint Croix County], Springfield [Walworth County], Stanley, Star Lake, Star Prairie, Stetsonville, Steuben, Stevens Point, Stitzer, Stockbridge, Stockholm, Stoddard, Stone Lake, Stoughton, Stratford, Strum, Sturgeon Bay, Sturtevant, Suamico, Sugar Camp, Sullivan, Summit Lake, Sun Prairie, Superior, Suring, Sussex
T
Taylor, Theresa, Thiensville, Thorp, Three Lakes, Tigerton, Tilleda, Tisch Mills, Tomah, Tomahawk, Tony, Town of Brookfield, Town of Cedarburg, Town of Menasha, Town of West Bend, Town of Westport, Townsend, Trego, Trempealeau, Trevor, Tripoli, Tunnel City, Turtle Lake, Twin Lakes, Two Rivers
U - Union Center, Union Grove, Unity, Upson
V - Valders, Van Dyne, Vernon, Verona, Vesper, Village of Grafton, Viola, Viroqua
W
Wabeno, Waldo, Wales, Walworth, Warrens, Wascott, Washburn, Washington Island, Waterford, Waterloo, Watertown, Watertown, Waukau, Waukesha, Waumandee, Waunakee, Waupaca, Waupun, Wausau, Wausaukee, Wautoma, Wauwatosa, Wauzeka, Webb Lake, Webster, West Allis, West Bend, West Lima, West Milwaukee, West Salem, Westboro, Westby, Westfield, Weyauwega, Weyerhaeuser, Wheeler, White Lake, Whitefish Bay, Whitehall, Whitelaw, Whitewater, Wild Rose, Willard, Williams Bay, Wilmot, Wilson, Wilton, Windsor, Winnebago, Winneconne, Winter, Wisconsin Dells, Wisconsin Rapids, Withee, Wittenberg, Wonewoc, Woodford, Woodland, Woodman, Woodruff, Woodville, Woodworth, Wrightstown, Wyocena
Z - Zachow, Zenda
Wisconsin Motorcycle Accident Victims
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