What Does Comparative Negligence Mean? Explaining The Basics

Riding a motorcycle is fun, but it can also be risky because of the actions of others on the road. Unlike other vehicles, you don't have much protection if you crash. Additionally, riding a motorcycle can be dangerous on roads with a lot of potholes or if you're riding in unsafe weather conditions. Below are some tips for staying safe while riding.

Staying Safe on a Motorcycle in Wisconsin

Take a Safety Course: Riding a motorcycle requires good judgment and skill, and a safety course will help you achieve that. A motorcycle safety course will teach you the rules of the road and what to do in unpredictable riding situations.

Wear Appropriate Gear: The right gear will protect you from debris, road rash, and the elements. Your gear should feature a helmet, leather jacket, eye protection, leather pants, over the ankle boots, and non-slip gloves. Appropriate protective gear can significantly reduce the risk of injuries or fatalities.

Keep Your Bike Maintained: Replace the air filter, change the oil regularly, and maintain your bike's tire pressure. Inspecting your motorcycle before you hit the road is also a good idea. Check your turn signals, headlights, taillights, fuel, brakes, handlebars, and mirrors.

Stay Alert: Being aware of your surroundings and riding defensively can prevent motorcycle accidents that could be caused by dangerous driving.

Maintain a Safe Distance: Riding too closely behind another vehicle is unsafe. It is advisable to stay a few seconds away from the car or motorcycle in front of you. This allows you enough space to stop during an emergency. Additionally, you should always have an escape route in mind if you cannot stop in time.

Be Visible: One of the most significant mistakes riders make is assuming they are visible to other motorists. Most motorcycle accidents are a result of drivers not seeing the motorcycle. You can stay visible by avoiding other motorists' blind spots, driving with a headlight, and wearing reflective clothing. Using your hand and turn signals can also help ensure you are visible.

Common Motorcycle Road Hazards

Distracted or Drunk Drivers: Although it may not be easy to identify if someone is drunk driving, it is wise to be attentive to your surroundings and take appropriate measures.

Rain or Snow: The hazardous weather can create slippery and unsafe road conditions. Avoid riding while it is raining or snowing.

Tar or Debris: Since tar has a different texture from asphalt, it can compromise traction. Additionally, parts of tire treads and other debris on the road can be hazardous to motorcycles.

Contact a Milwaukee Motorcycle Accident Attorney Today

If you or your loved one has been injured in a motorcycle accident in Wisconsin, working with a Milwaukee motorcycle accident attorney is in your best interest.

At Natasha Misra Law, we are equipped to offer the guidance you need to know whether you are entitled to compensation. We will provide the representation you need to pursue compensation if you qualify. Contact us today to schedule a consultation.

Like many other states, Wisconsin uses a “comparative negligence” law to determine fault during car accidents. But what does this mean?

In this blog, we will discuss what you need to know about comparative negligence, and how it may affect your car accident claim.

Comparative Negligence Means You Can Recover Damages, Even if You’re Partially At Fault

First, let’s define comparative negligence. Basically, this is a system of assigning fault in car accidents that determines how much a victim can recover in compensation based on their contribution to the accident.

In other words, both parties involved in an accident can be assigned a portion of the blame. For example, one party may be found to be 30% at fault in the accident, with the other driver being assigned 70% of the fault.

This means two things. First, you can still recover damages if you’re partially at fault for an accident. Even if you contributed to the accident, you may be able to file a personal injury suit and get compensation, as long as you were less than 50% negligent (more about that in the next section).

This is in contrast to states that use a “pure contributory negligence” law, where drivers are unable to recover any damages, even if they were only 1% responsible for the accident.

Second, your damages are limited by the amount of fault assigned to you for the accident. So if you are assigned 30% of the fault and the other driver is assigned 70% of the fault, you can only recover 70% of your damages.

In this situation, if your total damages for medical bills, property damage, renting a car, and other such costs were $20,000, you could only sue the other driver for $14,000 – not the full $20,000 in costs you incurred.

Understanding The 51 Percent Bar Rule In Wisconsin

So, comparative negligence means that you can recover some damages after a car accident even if you share fault with the other driver. But what if you’re responsible for the majority of the fault?

Well, Wisconsin follows what’s called the “51 Percent Bar Rule.” This means that you’re “barred” from recovering damages if you are found to be responsible for the majority (51% or more) of fault.

In other words, if you are found to be 50% at fault, you can still recover damages after a car accident in Milwaukee. But if you exceed 50% fault, you will not be able to work with a Milwaukee personal injury attorney to file a lawsuit and recover damages.

Injured In A Car Accident? Get The Help You Need In Milwaukee!

Working with an experienced Milwaukee personal injury attorney can help you get a fair and just outcome when you’ve been in a car accident.

Natasha Misra Law can help you protect your rights and recover the compensation you deserve for your injuries, medical bills, lost wages, and more. Contact us online or give us a call to schedule a free consultation.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.