Legally Reviewed by William Pemberton on September 25, 2026
A bicycle crash takes seconds. The effects of a serious head injury can last for years. The neurological consequences of traumatic brain injuries are often not fully apparent at the time of the accident and may worsen or evolve over weeks or months as the injury’s effects become clearer.
At Pemberton Law, Attorney William Pemberton and our team represent cyclists who have suffered head injuries in bicycle accidents throughout Wisconsin, including in Madison, Baraboo, Eau Claire, and Sun Prairie. Our Madison bicycle accident lawyers understand the long-term stakes involved in traumatic brain injury claims and are prepared to pursue the full scope of compensation available under Wisconsin law.
Common Causes of Bicycle Accidents Involving Head Injuries
Understanding what caused the crash is essential to building a liability case. Common causes of bicycle accidents that result in head injuries include:
- Driver failure to yield to cyclists at intersections
- Dooring, where a driver or passenger opens a car door into the path of a cyclist
- Speeding in areas with shared road conditions
- Distracted driving, including mobile device use
- Failure to see a cyclist when turning or merging
- Poorly maintained road surfaces with dangerous defects
Each cause points to a potentially different set of responsible parties, including a negligent driver, a municipal government responsible for road maintenance, or another party whose failure contributed to the crash.
Why Head Injuries Require Legal Representation
Head injuries are difficult to fully assess in the immediate aftermath of an accident. Many concussion and traumatic brain injury symptoms are subtle at first and become more pronounced over time. Memory problems, concentration difficulties, headaches, changes in mood, sleep disruption, and sensitivity to light and noise may all develop or worsen days after the initial injury.
The full cost of a traumatic brain injury is often not apparent for months. Future medical expenses, rehabilitation, lost earning capacity, and the lasting impact on quality of life all need to be captured in a damages claim. Building that case requires medical documentation, expert testimony, and a thorough understanding of how traumatic brain injury outcomes are projected over time.
According to the Centers for Disease Control and Prevention, traumatic brain injury is a significant risk factor for the development of post-traumatic epilepsy, which can emerge months or years after the initial injury and produce lasting functional limitations. This is one reason why the long-term consequences of a head injury must be factored into any damages analysis.
What a Lawyer Does in a Bicycle Accident Case
An attorney experienced in bicycle accident cases takes on the work that injured clients cannot effectively manage on their own while recovering. This includes investigating the accident and preserving evidence, identifying all responsible parties, coordinating with medical providers to document the injury and prognosis, handling communication with insurance carriers, and building the damages case to reflect both current and future losses.
Attorney William Pemberton and our team take bicycle accident cases on a contingency fee basis, which means clients pay no attorney fees unless we recover compensation on their behalf.
Compensation Available After a Bicycle Accident Head Injury
Wisconsin law allows injured cyclists to pursue both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, and reduced earning capacity. Non-economic damages address pain and suffering, emotional distress, loss of enjoyment of life, and the lasting effects of neurological injury on daily functioning.
Wisconsin applies comparative negligence principles, which means that even if a cyclist bears some responsibility for the accident, recovery may still be possible as long as the cyclist’s fault does not exceed 51 percent.
Contact Pemberton Law
If you suffered a head injury in a bicycle accident in Wisconsin, Attorney William Pemberton and our team are ready to evaluate your case and explain your options. Head injuries have long-term implications that require representation from a team that understands both the medical and legal dimensions involved.
We invite you to contact our office through our online contact form to schedule a consultation with our Wisconsin bicycle accident lawyers.
What is the deadline to file a bicycle accident lawsuit in Wisconsin?
Wisconsin Statute § 893.54 gives injured cyclists two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically bars any recovery, regardless of how serious the injuries are. Head injury cases in particular benefit from early legal action because gathering medical evidence, accident reconstruction, and expert opinions on long-term neurological effects takes time. Do not wait to consult an attorney.
Can I still recover compensation if I was not wearing a helmet when I was injured?
Wisconsin does not have a mandatory helmet law for adult cyclists, so not wearing a helmet does not automatically bar your claim. However, the defense may argue that your failure to wear a helmet contributed to the severity of your head injuries under Wisconsin’s comparative negligence rules. Your percentage of fault, if any is assigned, would reduce your recovery. An attorney can work to counter those arguments and minimize any fault attributed to you.
How is fault determined in a Wisconsin bicycle accident case?
Fault is determined by examining the evidence — police reports, witness statements, traffic camera footage, road conditions, and any physical evidence from the crash scene. Under Wisconsin’s modified comparative negligence system, each party is assigned a percentage of fault. If your percentage is 51% or greater, you cannot recover. If it is 50% or less, your compensation is reduced by that percentage. An attorney investigates thoroughly to build the strongest possible case for you and push back against inflated fault percentages from the opposing insurer.
What types of damages can I recover for a traumatic brain injury after a bicycle accident?
Recoverable damages include past and future medical expenses such as emergency care, imaging, hospitalization, rehabilitation, and ongoing specialist care; lost wages and reduced earning capacity if the injury affects your ability to work; and non-economic damages including pain and suffering, emotional distress, loss of enjoyment of life, and the long-term impact of cognitive or neurological changes on daily functioning. Because brain injuries often have consequences that unfold over years, properly valuing these claims requires medical experts who can project future needs.
Why do bicycle accident head injury cases require different legal handling than other personal injury cases?
Brain injuries are uniquely complex because their full impact may not be apparent for months after the accident. Symptoms can be invisible on initial imaging yet cause lasting cognitive, emotional, and physical changes. These cases require neurological expert testimony to document the injury’s long-term trajectory, careful coordination with treating physicians, and a damages analysis that accounts for future medical needs and lost earning capacity over a lifetime. Settling too early risks leaving substantial future costs uncompensated.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
