Wisconsin’s

motorcycle Accident

aTTORNEYS

ON YOUR SIDE FOR EVERY RIDE

ON YOUR SIDE FOR EVERY RIDE ✦



Your road to recovery starts here

We understand that being injured while riding your motorcycle in Wisconsin can be incredibly challenging. The open roads that once symbolized freedom and adventure can quickly turn into a source of pain and uncertainty.

You might be dealing with serious injuries, mounting medical bills, and the stress of being unable to work. On top of that, navigating the legal system to get the compensation you deserve can feel overwhelming. It’s not just about the physical recovery; it’s about getting your life back on track.

And if you’ve lost a loved one in a motorcycle accident, we know that no amount of money can fill the void left behind. The grief, the unanswered questions, and the struggle to move forward can feel unbearable. You deserve justice, accountability, and the financial security to honor their memory without additional hardship.

We’re here to stand by your side, guiding you through every step of the legal process with compassion and determination, ensuring you have the support and advocacy you need to focus on healing and finding a path forward.

Mother comforting her son after notifying him his father passed away in a motorcycle accident.

Wisconsin Motorcycle Accident

Wrongful Death Cases:


Top Rated Wisconsin motorcycle accident wrongful death attorneys

Losing someone you love in a motorcycle accident is absolutely devastating. One moment they’re here — full of life, laughter, and plans — and the next, they’re gone. There’s no way to prepare for that kind of loss. And while no amount of money can ever bring your loved one back, Wisconsin law does give families a way to pursue justice when someone is taken too soon.

If your spouse, child, parent, or other close family member was killed in a motorcycle accident caused by someone else’s negligence, you may have the right to file a wrongful death claim under Wisconsin law.

This page will walk you through what that means, who can file, what compensation may be available, and how a wrongful death lawyer can help you and your family through one of the hardest chapters of your life.

What Is Wrongful Death Under Wisconsin Law?

In Wisconsin, a death is considered “wrongful” when it’s caused by the careless, reckless, or intentional act of another person or entity. That includes drivers who speed, run red lights, drive drunk, or make dangerous decisions behind the wheel — the kind of negligence that often leads to fatal motorcycle crashes.

The law recognizes that when someone is killed by another’s negligence, it’s not just the person who died who suffers — it’s their entire family. A wrongful death claim gives certain family members the right to hold the at-fault party accountable and recover financial compensation for the harm caused.

In the context of a motorcycle crash, wrongful death claims are often brought against:

  • Negligent drivers (cars, trucks, buses)

  • Government agencies that failed to maintain safe roads

  • Motorcycle or auto manufacturers if a defective part caused the crash

  • Bars or restaurants that overserved a drunk driver (under Wisconsin's “dram shop” laws)

Who Can File a Wrongful Death Claim in Wisconsin?

Wisconsin law limits who can file a wrongful death claim. Typically, the following people are eligible:

  • The spouse of the person who died

  • Children of the deceased (including adult children)

  • Parents of the deceased (especially in cases where a minor child was killed)

  • The personal representative of the estate (often named in a will or appointed by a court)

In many cases, it’s the estate that brings the claim, and then any damages recovered are distributed to eligible family members according to state law.

If there’s more than one person entitled to recover (like a surviving spouse and children), the court may step in to decide how to fairly divide the damages.

What Can Be Recovered in a Wrongful Death Claim?

No amount of money can truly make up for the loss of someone you love — but a wrongful death claim can help ease the financial burden and provide a sense of accountability and justice.

Compensation in a Wisconsin motorcycle wrongful death case may include:

1. Funeral and burial expenses

Final expenses can be significant, and families shouldn't be left to shoulder them alone.

2. Medical expenses

If your loved one was hospitalized or received medical treatment before passing, those bills can be recovered.

3. Loss of financial support

If the person who died was contributing to household income, a claim can include the loss of that future support — including lost wages, benefits, and retirement contributions.

4. Loss of companionship and society

This covers the emotional and relational loss — the love, guidance, comfort, and care your loved one provided. In Wisconsin, this type of damage is capped at:

  • $500,000 for the wrongful death of a minor

  • $350,000 for the wrongful death of an adult

These caps apply only to loss of companionship, not to economic damages like lost wages or medical bills.

5. Loss of inheritance

In some cases, surviving family members may be compensated for the loss of what they reasonably would have inherited if the person had lived.

6. Pain and suffering (survival claim)

If your loved one suffered before passing — for example, if they were in the hospital for days or weeks — the estate may be able to bring a survival claim to recover for their pain and suffering before death.

How Long Do You Have to File a Wrongful Death Claim in Wisconsin?

Under Wisconsin Statute § 893.54, the deadline to file a wrongful death lawsuit is usually three years from the date of the accident — but in cases involving a motor vehicle, the deadline is two years from the date of death.

That means if your loved one died in a motorcycle crash, the clock is already ticking.

There are some exceptions and nuances, so it’s best to speak with a Wisconsin motorcycle wrongful death lawyer as soon as possible. Waiting too long could mean losing your legal rights altogether.

Why Motorcycle Wrongful Death Cases Are Different

Motorcycle accidents are often more serious — and more emotionally charged — than other types of crashes. Riders are vulnerable, exposed, and often face bias from the public, insurance companies and even law enforcement. Too many times, motorcyclists are unfairly blamed for accidents they didn’t cause.

In a wrongful death case, that bias can continue — and families are left fighting an uphill battle for answers and accountability.

We know the truth: most riders are safe, skilled, and just trying to get where they’re going like anyone else. When a motorcyclist is killed because someone didn’t check their blind spot or blew through an intersection, that’s not an “accident.” That’s negligence.

We push back against insurance company tactics, investigate the crash thoroughly, and work with experts when needed to reconstruct what happened. And we treat our clients with care, compassion, and the respect they deserve.

Where Motorcycle Fatalities Are Most Common in Wisconsin

Motorcycle fatalities can happen anywhere in Wisconsin, but they’re especially common in high-traffic areas and scenic routes where drivers may not be paying attention.

The top regions for fatal motorcycle accidents include:

  • Milwaukee – With the highest population and heaviest traffic, Milwaukee County consistently reports the most motorcycle-related deaths in the state.

  • Madison and Dane County – Urban congestion and busy roadways like the Beltline and East Washington increase risk.

  • Green Bay and Brown County – Popular with local riders and tourists, especially in summer.

  • La Crosse and the Driftless Region – Scenic, winding roads attract bikers but can be dangerous with limited visibility and sharp curves.

  • Door County and rural highways – Tourists and high-speed roads make for a risky combination.

No matter where it happened, if your loved one was killed in a motorcycle crash in Wisconsin, we’re here to help. Get your free case evaluation from a top motorcycle accident lawyer in Wisconsin today.

Motorcycle Destroyed From Hitting Telephone Pole

wisconsin motorcycle accident law


Motorcycle Accident Laws Covering Wisconsin

Motorcycles are part of Wisconsin’s culture — from scenic rides through the Driftless Region to rally weekends in Milwaukee. But when a motorcycle accident happens, it can turn your life upside down in a split second. If you or a loved one has been injured in a motorcycle crash, you may be facing painful injuries, mounting medical bills, lost wages, and the emotional toll of recovery. The good news? Wisconsin motorcycle accident law is on your side — and you don’t have to go through this alone.

At McCarthy Motorcycle Law, we help injured motorcyclists across the state get the compensation and care they need after a crash. Whether you’re in Milwaukee, Madison, Green Bay, or anywhere else in Wisconsin, we’re here to fight for you.

Your Rights Under Wisconsin Motorcycle Accident Law

In Wisconsin, motorcyclists have the same rights and responsibilities as any other driver. When another driver causes a crash — whether it’s by speeding, texting, or just failing to look before changing lanes — you have the right to seek compensation under Wisconsin personal injury law.

Under Wisconsin law, motorcycle accident victims may be entitled to compensation for:

  • Medical bills (immediate and long-term care)

  • Lost income and reduced earning capacity

  • Pain and suffering

  • Emotional distress

  • Motorcycle repairs or replacement

  • Permanent injuries or disability

  • Scarring or disfigurement

  • Loss of enjoyment of life

Wisconsin is a comparative negligence state. That means even if you were partially at fault for the crash, you can still recover compensation — as long as you were not more than 50% responsible. Your recovery is simply reduced by your percentage of fault. So if a distracted driver turned in front of you and you were slightly over the speed limit, you may still have a strong claim.

There’s a three-year statute of limitations on most motorcycle accident claims in Wisconsin. That means you generally have three years from the date of the crash to file a personal injury lawsuit. Don’t wait — evidence disappears, witnesses forget, and the sooner you take action, the better your chances of recovery.

Common Causes of Motorcycle Accidents in Wisconsin

Many motorcycle crashes in Wisconsin are caused by other drivers who fail to see or yield to motorcyclists. Unfortunately, “I didn’t see them” is a phrase we hear all too often.

Some of the most common causes of motorcycle accidents in Wisconsin include:

If your crash was caused by a negligent driver, a defective motorcycle part, or unsafe road conditions, you may be entitled to compensation under Wisconsin motorcycle injury law.

Types of Motorcycle Accident Injuries

Motorcyclists are far more vulnerable in a crash than drivers in cars or trucks. With no seatbelts, airbags, or protective metal frame, the injuries are often severe — even at low speeds.

Common motorcycle accident injuries in Wisconsin include:

These injuries can require months or even years of treatment and recovery. Our goal as motorcycle accident lawyers is to make sure you have the financial support and resources to heal, move forward, and regain control of your life.

Where Motorcycle Accidents Happen Most in Wisconsin

Motorcycle crashes can happen anywhere, but some areas in Wisconsin are particularly high-risk due to traffic volume, road design, and driver behavior.

Top 3 Wisconsin Cities for Motorcycle Accidents:

1. Milwaukee

As the largest city in Wisconsin, Milwaukee sees the highest number of motorcycle accidents each year. Busy highways like I-94, I-43, and local roads like Capitol Drive and Layton Avenue are common crash zones. High traffic density, road construction, and distracted drivers are major risk factors.

2. Madison

With a mix of college students, commuters, and tourists, Madison roads are often chaotic. The Beltline (US-12/14), East Washington Avenue, and University Avenue are frequent sites of motorcycle crashes. Intersections near the University of Wisconsin–Madison campus can be particularly dangerous.

3. Green Bay

Green Bay may be smaller, but it sees a disproportionate number of serious motorcycle injury crashes — especially during summer and Packers season. High-speed rural roads like Highway 41 and congested downtown areas are frequent trouble spots.

Other notable hotspots include:

  • La Crosse and the Driftless Area – Known for scenic but winding and hazardous roads

  • Door County – Seasonal traffic and unfamiliar tourists increase risk

  • Rural highways – High speeds, wildlife crossings, and limited visibility all contribute

If you or a loved one have been hurt in a motorcycle accident in Wisconsin, you have legal rights. We offer contingency fees, and free consultations — no pressure, no obligation. Just honest answers from someone who cares.

You didn’t ask for this. But you don’t have to face it alone.

Let us help you get back on the road — and back to your life. Get justice today.

MEET YOUR wisconsin motorcycle accident lawyer

Headshot of Wisconsin Motorcycle Accident Attorney John McCarthy

If you’ve been injured in a motorcycle crash — or if someone you love was taken from you in one — you already know how quickly life can change. One moment, everything’s fine. The next, you’re facing pain, grief, medical bills, unanswered questions, and a future that feels completely uncertain.

And while it may feel overwhelming right now, we want you to know this: you don’t have to figure it out alone.

Hiring the right Wisconsin motorcycle accident attorney can make all the difference. Not just in the outcome of your case, but in how you’re treated along the way — with respect, compassion, and a real commitment to your recovery and your story.

Let’s break it down: why you need a lawyer, why Wisconsin motorcycle cases are unique, and why McCarthy Motorcycle Law might be the team you’ve been looking for.

Why You Need a Motorcycle Accident Lawyer in Wisconsin

Motorcycle accidents are different from car accidents — in every way that matters. The injuries are more severe. The bias is worse. And the insurance companies? They’re more aggressive than ever in trying to avoid paying what victims truly deserve.

Here’s what you’re up against:

  • Insurance companies that want to blame you. Even when the other driver was clearly at fault, the insurance adjuster may try to shift blame onto the rider. Why? Because they know motorcyclists have an unfair reputation — and they’ll use it against you.

  • Serious injuries or fatality. Motorcycle crashes often result in broken bones, spinal injuries, brain trauma, or death. That means bigger medical bills, longer recovery times, and more at stake in your case.

  • Missing evidence. Motorcycle accident scenes can be chaotic, and evidence can disappear fast. Plastic pieces get swept up. Skid marks fade. Witnesses forget. A good lawyer gets involved early to preserve what matters.

  • Emotional trauma. Whether you were injured or lost someone you love, this isn’t just a legal case. It’s personal. And you deserve a lawyer who understands that.

Without the right legal help, you risk being taken advantage of, underestimated, or ignored entirely.

What Makes Wisconsin Motorcycle Accident Law Different?

Each state has its own rules when it comes to personal injury law — and Wisconsin has a few quirks you need to know:

1. Comparative negligence

Wisconsin follows a “comparative negligence” rule, which means you can still recover damages even if you were partly at fault — as long as you weren’t more than 50% responsible. So if the other driver was 80% at fault and you were 20%, you can still recover 80% of your damages.

But here’s the catch: insurance companies will fight hard to push your “percentage of fault” above 50%. That’s why you need a lawyer who knows how to counter their tactics and tell your side of the story clearly and persuasively.

2. Two-year deadline in wrongful death cases

Most personal injury cases in Wisconsin have a three-year statute of limitations, but if your loved one died in a motorcycle crash, you only have two years from the date of death to file a wrongful death claim. Miss that window, and your rights could be gone for good.

3. Open roads, rural highways, and high-speed limits

Wisconsin is full of scenic routes and rural highways — places that are perfect for riding, but dangerous when drivers aren’t paying attention. And when accidents happen in these areas, local law enforcement may not always understand how to properly investigate motorcycle crashes. You need someone who knows how to step in and protect your rights.

Why Motorcycle Cases Are Different — and Why You Need a Lawyer Who Knows That

Motorcycle accident cases aren’t just “car accidents without the car.” They come with their own challenges — and they require a different level of skill, strategy, and sensitivity.

Here’s what sets them apart:

  • Severity of injuries. Motorcyclists don’t have the protection of a metal frame, airbags, or seatbelts. When a crash happens, the results are often catastrophic — broken bones, spinal injuries, traumatic brain injuries, or worse.

  • Bias against riders. It’s sad, but it’s true: juries and insurance companies often assume the motorcyclist was reckless, even when they were doing everything right. You need a lawyer who knows how to break through that bias and make sure your story is heard.

  • Complex liability issues. Was the other driver texting? Was there a road defect? Was there a mechanical failure on the bike? Motorcycle cases often require a deep dive into the cause of the crash — and sometimes, multiple parties are to blame.

  • Higher financial stakes. Because the injuries are usually more severe, the medical bills, lost wages, and long-term care costs are higher. Insurance companies know this — and they’ll fight even harder to minimize your claim.

That’s why it’s so important to choose a lawyer who’s not just “familiar” with motorcycle cases — but fully focused on them.

Why McCarthy Motorcycle Law and John McCarthy Are the Right Choice

You’ve got options when it comes to hiring a lawyer. So why choose McCarthy Motorcycle Law?

1. Experience That Matters

If you hire us, every attorney who touches your case will have experience riding motorcycles. John McCarthy has spent years helping people who’ve been seriously injured or lost loved ones in motorcycle accidents. He’s gone up against big insurance companies, tough defense firms, and stacked odds — and come out with real results for real people.

2. Relentless Advocacy

At McCarthy Motorcycle Law, we don’t back down. We investigate every case thoroughly, challenge every lowball offer, and prepare like we’re going to trial — even if we never have to go there. Insurance companies know we’re not afraid to fight for what’s fair.

3. Real Results

We’ve recovered millions for clients who were hurt or grieving — not because we chase big numbers, but because we understand what’s at stake for families like yours. Our goal is always to get you the full and fair compensation you deserve, no shortcuts.

4. Personal Attention

You’re not just a case number. When you work with McCarthy Motorcycle Law, you talk directly to John, or Clay — not a junior associate or paralegal. You’ll have their cell numbers. You’ll be kept in the loop. You’ll always know what’s happening with your case.

5. Compassion and Understanding

John doesn’t just know the law — he knows the pain that comes with motorcycle crashes. He’s lost people close to him to motorcycle accidents. He gets how deeply it hurts, and he brings that empathy into every conversation, every case, every courtroom.

Let’s Talk — Contingency fees, Free Consultations, Real Answers

If you’ve been hurt in a motorcycle accident — or if you’re grieving the loss of someone who was — you don’t need to carry this burden alone.

At McCarthy Motorcycle Law, we offer free, confidential case evaluations. We’ll listen. We’ll explain your options in plain English. And if we can help, we’ll go to work immediately. If we can’t, we’ll still point you in the right direction.

You’ve already been through enough. Let us take it from here.

Reach out today — because your case deserves more than a form letter. It deserves attention. It deserves action. And it deserves justice.

Logo for McCarthy Motorcycle Law, Wisconsin's Motorcycle Injury Attorneys