Bicycle accidents are all too common, and when they happen to you, extensive financial losses from physical and emotional damage are common. Biking is a fantastic pastime, one that allows you to get outside and get exercise.
Most cities throughout Wisconsin have laws in place to protect riders on roadways. When car and truck drivers don’t pay attention to the laws meant to protect bike riders, riders often face injury and loss.
Overview of Bicycle Accident Statistics in Wisconsin
The statistics on bicycle accidents are worrisome. The Wisconsin Department of Transportation states that, in 2021, every 14.4 hours, a person was hurt or killed in a bike accident across the state. That year, 691 crashes occurred, and 9 bicyclists were killed, with another 600 people suffering serious injury. In nearly all cases, the bicycle rider was injured in a collision with a car.
Bicycle accidents occur for many reasons, including:
- Distracted driving
- Poor lighting at intersections
- Intoxicated drivers
- Road conditions
- Fatigued drivers
- Inexperienced drivers
When a bicyclist is hurt, they may face serious injury, emotional damage, and financial consequences. If you are hurt in such a situation, or your loved one lost their life due to the mistakes made by a driver, you need to know what rights you have to recover damages.
Wisconsin Bicycle Laws
Wisconsin laws provide for the rights of bike riders under WI. Stats. 340.01(5), 346.02(4)(a) and 346.80(2)(a). Bikes are given the same distinction as a vehicle, and any operator of a vehicle in the state is granted the same rights as any other vehicle.
As a result, bicycle riders do have obligations to operate their vehicle in a safe manner, including riding as close as practicable to the right-hand edge or curb of the street at a speed that is less than the normal speed of the roadway.
Wisconsin does not require bicycle riders to wear a helmet, though it is always encouraged. The laws does require that bicycles on roadways have a red rear reflector and a white front light visible from at least 500 feet when riding a bike at night. Riders may not operate a bike in any area where another vehicle is prohibited, such as on the sidewalk. Also note that each city can also pass its own laws on where bikes can be ridden.
Rules of the road
Consider the following rules for operating a bike on Wisconsin roads:
- Drivers of cars must give cyclists at least 3 feet of clearance when passing.
- Cyclists must operate the vehicle in the same direction as traffic.
- When turning, a cyclist must use hand gestures as if they were turn signals to indicate their movements to others on the road.
- If a car is turning right, the car must yield to any bike rider traveling to the right and not try to pass them to turn right. When turning left, the car rider must watch for and yield to bikes that are oncoming traffic.
Liability in Bicycle Accidents
As with all types of vehicle accidents, the evidence at the scene determines the fault or who is responsible for the losses a person suffers. When another driver acts in a negligent manner and causes injury or other losses to the bike rider, that other driver is responsible for the losses sustained.
Some common causes of negligence for bike riders include:
- Cars turning into a cyclist because they did not see them
- Passing the cyclist too closely
- Not stopping for a cyclist who has the right of way in an intersection
- Dooring accidents in which a person opens a car door without looking, hitting the rider
When negligence occurs, the at-fault party is responsible for the damages caused to the other. It’s important to note that comparative negligence applies. That means that you may be partially at fault, in which case your right to compensation is reduced based on the percentage of fault you share.
Steps to Take After a Bicycle Accident
After a bicycle accident, call 911 and get medical attention. Always move yourself to safety if you can do so. Let the police arrive to provide a full investigation and file a police report.
When it is safe to do so, get the contact information and identification of other drivers involved. It’s a good idea to take a video and photos of the accident, the intersection or surrounding area, as well as the damage to you, your bike, and the car involved.
Then, contact a bicycle accident attorney in Wisconsin for the guidance you need. Make sure to track your expenses and all medical costs involved in your recovery.
Filing a Claim
Once you have a good idea of what your losses are, you can seek out a claim with the auto insurance of the at-fault driver. However, it is critical to ensure you are fully accurate and have not left anything out of this process before you file.
In a simple claim, without time off of work or significant medical bills, you can file a claim yourself. However, with serious injuries, it is critical to allow an attorney to guide you in filing a claim. If the insurance company is not willing to cover your costs, it may be necessary to file a lawsuit to encourage them to do so.
With legal representation, you’ll learn what your specific losses are and help present comprehensive information to defend your rights to compensation. Wisconsin law gives you 3 years from the date of the accident to file a claim.
Compensation for Bicycle Accident Victims
You may receive damages for any losses you incurred as a result of the accident. Some examples include the following:
Economic damages:
- Medical bills
- Lost wages
- Property damage
Non-economic damages:
- Pain and suffering
- Emotional distress
The severity of your injuries, the amount of long-term impact, and the pain you suffered all play a role in determining the value of your claim. Your attorney will help you calculate these figures.
Preventative Measures and Safety Tips
As a bike rider, wear a helmet to protect yourself and ensure you know the rules of the road within the local community. It’s also a good idea to ensure you are visible no matter when you are traveling.
Drivers must work to ensure they are paying close attention to their surroundings, treating bicycles as they would any other vehicle on the road with them.
In high-risk areas, your community may wish to start working towards bike safety initiatives. Bike lanes that are marked and signs warning of risks near bike trails can be particularly helpful.
Final Thoughts on Bicycle Accidents in Wisconsin
If you were hurt by the actions of another person while riding your bike, you may have the right to compensation for any damages you incurred. Keep in mind that bike accidents can cause serious injury and loss, often impacting the quality of a person’s life for years to come.
Work with a trusted, experienced bicycle accident attorney in Wisconsin to learn what your legal rights are. Enable our dedicated and experienced legal team at Vanden Heuvel & Dineen, S.C. to offer a free consultation to discuss your case. With over 40 years of experience, you can trust us to help you through even the most challenging of situations. Contact us now for a free consultation.
