(888) 424-5757

FREE, CONFIDENTIAL CONSULTATION

Search
 

Wisconsin Bicycle Accident Lawyer

Injury Lawyer Team > Bicycle Accident Lawyer > Wisconsin Bicycle Accident Lawyer
bicyclists riding in Wisconsin

Wisconsin Bicycle Accident Lawyer

Bicycle accidents caused by negligent driving or intentional rage can result in life-altering injuries. Whether the bike crash involved a car, a truck, or a pedestrian, taking the appropriate legal action is crucial to preserve your right to compensation for your injuries.

A bicycle accident lawyer can help you navigate the legal process of filing a personal injury claim and recover damages like medical expenses, lost wages, and emotional stress. The skilled bicycle accident lawyers at the Injury Lawyer Team have been fighting for the rights of injured across Milwaukee, Wisconsin for several years now. 

Contact us today to schedule a free consultation with our injury attorney. 

Contact our Wisconsin bicycle accident lawyers to schedule a free consultation. All confidential or sensitive information shared with your Wisconsin bicycle accident lawyer remains private through an attorney-client relationship.

How Common are Bicycle Accident Cases in Wisconsin? 

Reports by the National Highway Traffic Safety Administration show that over 966 bicyclist fatalities were recorded nationwide in motor-vehicle traffic crashes in 2021, escalating by 1.9% from 948 in 2020. 

In Wisconsin, bike collision statistics represent a concerning state of road safety. Here are some of the key statistics related to bike accident cases, numbers of fatalities, demographics, and other insights. 

  • In Wisconsin, in 2021, one bicyclist suffered injuries or got killed every 14.4 hours. 
  • 691 crashes involved bicyclists statewide in 2021. In these bike crashes, 9 riders lost their lives and 600 were injured.
  • Bicyclists are mostly injured in a collision that involves a motor vehicle.
  • Bicyclists injured or killed in a crash were not at fault in 34% of incidents. Motor vehicle drivers were responsible for 253 crashes in 2021.
  • Children, teenagers, and young adults are most at risk of injuries sustained during cycling accidents. Children aged between 5 to 14 make up for over half of all bicycle injuries.
  • Most bicycle crashes happen in urban areas and local roads and streets. 
  • According to the Wisconsin Department of Transportation, 60 percent of adult bicycle crashes happen due to motorist error, especially when negligent drivers make left-hand turns into the paths of oncoming riders. 
  • Wearing helmets while riding a bicycle can lessen the risk of head injuries by 85 percent and brain injury by 88 percent.
bicycle rider in Wisconsin

Types of Injuries Sustained in Wisconsin Bicycle Crashes 

Since bicyclists do not have protection from impact like motor vehicle drivers, they suffer from serious injury in an accident. These injuries depend upon the motor vehicle’s speed, the situation of the accident, the rider’s position, and whether or not they are wearing a helmet. A bike accident lawyer will help you prove the severity of your injuries to seek rightful compensation. 

Some of the commonly sustained injuries during Wisconsin bicycle accidents are: 

  • Traumatic brain injuries (TBIs)
  • Head, neck, and facial injuries
  • Spinal cord injuries
  • Temporary or permanent paralysis 
  • Bone fractures, broken legs, arms, or knees
  • Internal bleeding and organ damage
  • Facial and dental injuries
  • Cuts, bruises and abrasions
  • Pelvic injuries 
  • Road rash 
  • Death

Besides physical injuries, a bicyclist also suffers from serious emotional and mental disorders, including post-traumatic stress disorder (PTSD)

Common Bicycle Accident Cases in Wisconsin 

Bicycle accidents are of different types, each happening under varying situations and posing a unique risk of injuries or damages. Consult a bike accident lawyer to hold liable parties accountable for negligence. 

According to the 2023 Milwaukee crash analysis, 23% of reported bicycle crashes happened when drivers were making right turns. The NHTSA reports that nearly 32% of cyclists ride against traffic, with the number rising to 42% at intersections. 

Nevertheless, the most common causes of cycling accidents include:

  • Dooring Collisions – Dooring incidents occur when cyclists collide with open car doors, as drivers or passengers neglect to check for approaching cyclists. 
  • Intersection Accidents – Intersections are hotspots for bike accidents, especially when turning motor vehicles fail to yield to cyclists. For example, when left-turning vehicles cross paths with oncoming cyclists or right-turning drivers collide with bicyclists riding straight at the intersection. 
  • Unsafe Passing – Motorists overtaking cyclists without giving sufficient space can result in side-swipe accidents. About 1.3% of all bike crashes are the result of a motor vehicle trying to overtake a bicyclist. 
  • Right Hook Collisions – Right hook crashes happen mostly in crosswalks when a motorist collides with a bicyclist when making a right-hand turn. 
  • Left Hook Collisions – Left hook crashes happen when motorists try to make a left turn without yielding and overtaking a bicyclist.
  • Right Cross Accidents – A right cross bike crash is when a motor vehicle exiting a side street or driveway hits a cyclist on their right side. 
  • Rear-End Collisions – Rear-end cycling accidents occur when a cyclist slows down or stops, and the motor vehicle behind fails to react properly, resulting in a collision. According to a study by the League of American Bicyclists, rear-end bicycle collisions constitute up to 40 percent of all bike accidents nationwide.
  • Sudden Lane Changes – These types of accidents occur when drivers abruptly shift lanes without signaling or checking for other vehicles, increasing the risk of bike crashes.
  • Road Rage – Sometimes motorists get triggered and intentionally collide with a bicyclist. Such road rage incidents can be avoided by effective communication.
  • Pedestrian Crashes –  This is another common type of Wisconsin bicycle accident case. When a cyclist rides on the sidewalk, sideswipes a pedestrian, or collides with them at the intersection. 

Get A Legal Team To Help. Free Consultations with Experienced Lawyer!

What are the Wisconsin Bicycle Laws? 

The state of Wisconsin has designed various traffic laws and regulations to protect riders and avoid bike crashes, majorly caused by motorists.

The DOT and the Wisconsin state government have determined some general rules for riding bicycles including:

  • Bicyclists should stay in a straight line, keeping at least 3 feet away from the curb, parked cars, or any debris. 
  • Always ride with the flow of traffic. 
  • Sidewalk riding is usually illegal until the community has passed a local ordinance permitting it. 
  • Follow all traffic laws prescribed by the local government.

 

Wisconsin state laws are aimed at ensuring cyclists’ safety and other drivers, some of the relevant bicycle laws are:

  • Two cyclists may ride alongside each other if it doesn’t disrupt traffic flow. On roads with two lanes or more, they should ride left or right-side edge (same direction as traffic). [346.80(3)(a)]
  • Motorists are required to keep at least 3 feet of distance from riders when passing. Similarly, cyclists passing parked or moving cars should maintain a 3-foot distance. [346.80(2)]
  • Cyclists riding at night must have a white front light visible from 500 feet or wear a suitable lamp. [347.489(1)]
  • Bicycles must be equipped with a red rear reflector or light for visibility. [347.489(1)]
  • On shared sidewalks, riders must yield to pedestrians and give them a warning when overtaking [346.804]. At intersections and crossings, cyclists on sidewalks have the same rights and duties as pedestrians. 

What Is the Time Frame for Filing a Bicycle Accident Claim in Wisconsin?

In Wisconsin, the statute of limitations Wis. Stat. § 893.54(1m) (2024) for filing a personal injury lawsuit, including a bicycle accident claim is three years. 

Meaning, that you have three years to file a claim against the at-fault party from the date of injury or bike accident. The deadline for filing a wrongful death claim is three years from the date of the victim’s death. Once three years pass, the court or other party’s insurance company won’t accept your claim.

Under Wisconsin’s “discovery rule”, the statute of limitations period begins when you discover or should have discovered your injury or damage caused by the accident. 

Note that exceptions can extend the statute of limitations. Consult an experienced bicycle accident attorney to file a claim against perpetrators and secure compensation as soon as possible. 

Wisconsin’s Modified Comparative Negligence Rule

Wisconsin follows a “modified comparative negligence” rule. Under the modified comparative negligence rule, the victim can claim damages as long as their percentage share of the total negligence isn’t 51% or more. In other words, if the victim is found to be less than 51% responsible for the accident, they can still recover damages, albeit reduced by their percentage of fault. But if they are found 51% or more to blame, they are ineligible to pursue compensation (Wis. Stat. § 895.045(1) (2024).) 

Time is Limited to File a Claim. Get Legal Representation Now!

police at bicycle accident scene

How to Prove Other Party’s Fault in Bicycle Accidents?  

In Wisconsin, pursuing compensation for bike crash injuries requires proving negligence. There are four components of negligence that an injured party and their bike accident lawyer must prove in a personal injury claim:

  • The defendant owed you a “duty of care” when present on the road. 
  • The defendant violated that duty of care.
  • This breached duty of care caused the bike crash, and hence the injuries.
  • The injuries you sustained during the bike crash resulted in significant damages.

 

Gather Compelling Evidence to Prove Negligence  

Your bicycle accident attorney will have to put forward evidence to prove each of the aforementioned four bases of negligence. 

  • Police Report – One of the most compelling evidence in most bike crash cases is the police report. Following the bike crash, immediately call the local law enforcement agency to record the accident scene. 
  • Photographs – Gather pictures of the accident scene including witnesses, motor vehicles, skid marks, or damaged road signs. 
  • Medical Records – To prove that the bicycle crash caused you injuries and damages, it’s extremely important to keep your medical bills and any records from hospitals relating to your accident. 
  • Driver Information – If possible, note down the driver’s name, address, phone number, email, insurance details, license plate number, and driver’s license number.
  • Witness Information – Gather names and contact information of all present witnesses as their testimonies can be valuable for the bike accident lawyer to prove liability. 

Hence, negligence in bicycle accidents can be proved through four elements: duty of care, breach, causation, and damages. Partner with a knowledgeable Wisconsin bicycle accident attorney who can collect strong evidence and help you pursue your rightful financial compensation. 

Hire a Skilled Bicycle Accident Attorney in Wisconsin 

Have you been hurt in a bike crash in Milwaukee, Wisconsin due to a driver’s or pedestrian’s negligence? The bicycle accident lawyers at Injury Lawyer Team, powered by Rosenfeld Law Offices, are experienced in filing injury claims and helping victims recover their financial damages.

We operate on a contingency fee basis for all bike crash cases. Meaning, that you pay nothing upfront until your bike accident lawyer successfully resolves your claim through a negotiated settlement offer or court-awarded compensation.

Call our team today at (888) 424-5757 for a free consultation with a reputable bicycle accident attorney. All confidential or sensitive information shared with our law firm remains private through an attorney-client relationship.

Areas We Serve