Every Wisconsin cyclist knows the tension of sharing a road with drivers who barely seem to notice them. That vulnerability becomes a legal matter the moment a negligent driver causes a crash. Bicycle accident injuries are frequently severe, recoveries are long, and the claims process is more complicated than most cyclists expect when they first set out to file.
If a driver struck you on your bicycle anywhere in Wisconsin, the Wisconsin bicycle accident attorneys at Pemberton Personal Injury Law Firm are ready to help you pursue the compensation you deserve on a contingency fee basis.
The Most Dangerous Bicycle Accident Types in Wisconsin
The Wisconsin DOT’s 2024 Bicycle Fact Sheet recorded 795 bicycle crashes across the state, resulting in 8 deaths and 787 injuries, an average of one cyclist killed or injured every 11 hours. The most legally significant crash types include:
- Rear-end collisions, where a driver strikes a cyclist from behind due to inattention or following too closely
- Right-hook crashes, where a driver passes a cyclist and then turns right across their path
- Left-cross collisions, where an oncoming driver turns left directly in front of a cyclist going straight
- Dooring accidents, where a vehicle occupant opens a car door into a cyclist’s path without checking for oncoming traffic
- Intersection crashes where drivers fail to yield the right-of-way to cyclists
In nearly all of these scenarios, the driver bears primary responsibility for the crash. Your attorney’s job is to document exactly what happened and present that evidence to the insurer with the force it deserves.
Wisconsin Bicycle Laws and the Comparative Fault Rule
Wisconsin follows a modified comparative fault rule under Statute 895.045. If you were partially responsible for the crash, your compensation is reduced proportionally by your percentage of fault, but you can still recover as long as you were 50 percent or less at fault. Insurers routinely attempt to assign inflated fault percentages to cyclists, arguing that a cyclist ran a stop sign, lacked proper lighting, or was not wearing a helmet. Wisconsin has no helmet requirement for adult cyclists, and the absence of a helmet does not bar recovery for your injuries.
An experienced attorney will challenge these insurer tactics and fight for an accurate fault determination from the start.
Injuries Common to Wisconsin Bicycle Crashes
When a motor vehicle strikes a bicycle, cyclists routinely sustain traumatic brain injuries, spinal cord injuries, broken bones, road rash, facial fractures, and internal organ damage. Psychological trauma following a serious crash is also well documented and equally compensable under Wisconsin law. The severity of your injuries directly affects the value of your claim, and a thorough damages calculation must include both current medical costs and all anticipated future care needs.
What an Attorney Does for Your Bicycle Accident Case
Your attorney will gather crash scene evidence, obtain police reports and witness statements, review dashcam or surveillance footage, and engage accident reconstruction experts if the facts of the crash are disputed. All communications with the at-fault driver’s insurance company will go through your attorney, which prevents the insurer from using your own words against you in settlement negotiations or at trial.
If the insurer refuses to offer fair compensation, your attorney can file a personal injury lawsuit under Wisconsin Statute 893.54, which gives injured cyclists three years from the date of the accident to pursue a claim.
Contact Pemberton Personal Injury Law Firm After a Wisconsin Bicycle Accident
Pemberton Personal Injury Law Firm represents cyclists throughout Wisconsin on a contingency fee basis, from Madison and Baraboo to Eau Claire. You pay nothing unless we recover compensation for you.
Do not wait to take action. The sooner an attorney gets involved, the better positioned your case will be. Contact us today by completing our online contact form for a free, no-obligation consultation.
