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Wisconsin Bicycle Accident Lawyers

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William Pemberton

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Bicycle accidents are among the most dangerous collisions on Wisconsin roads. When a motor vehicle strikes a bicyclist, the rider absorbs the full force of the impact with little to no protection — and the consequences are often catastrophic. Whether you were commuting on a city street, riding a trail, or cycling for recreation, a crash caused by a negligent driver can mean broken bones, traumatic brain injuries, spinal cord damage, and months of difficult recovery — all while medical bills pile up and your ability to work disappears. Pemberton Personal Injury Law Firm represents injured bicyclists across Wisconsin, fighting to recover every dollar they are owed.

Attorney William Pemberton founded this firm to stand between injury victims and the insurance companies that try to minimize or deny their claims. Our bicycle accident attorneys have secured millions for Wisconsin riders, including near-policy-limit recoveries in cases involving life-threatening injuries. We handle every aspect of your claim — from investigation and evidence gathering through negotiation and, when necessary, trial — so you can focus on healing. Contact us today for a free consultation. We work on contingency, meaning you pay nothing unless we win.

Wisconsin bicycle accident lawyers at Pemberton Personal Injury Law Firm

Wisconsin Bicycle Accident Statistics

Bicycling is deeply embedded in Wisconsin’s culture — from commuters on Madison’s bike paths to recreational riders on the Elroy-Sparta State Trail. But the roads remain dangerous. According to the Wisconsin Department of Transportation’s 2023 Bicycle Fact Sheet, one bicyclist was killed or injured every 12.4 hours in Wisconsin that year, with 7 fatalities and 699 injuries recorded statewide. The majority of those crashes involved a motor vehicle — making negligent drivers the leading threat to Wisconsin cyclists.

These numbers represent real people whose lives were upended by a crash that wasn’t their fault. If you are among them, Pemberton Personal Injury Law Firm is here to help you pursue the compensation you deserve.

Wisconsin Bicycle Laws Every Rider Should Know

Under Wisconsin law, bicycles are classified as vehicles and are subject to the same rules of the road as motor vehicles. Bicyclists must ride in the same direction as traffic, stop at red lights and stop signs, use hand signals when turning, and ride as close to the right-hand edge of the roadway as is practicable. Motorists, in turn, are required to treat bicyclists as they would any other vehicle — they must yield the right of way to cyclists and are not permitted to pass a bicycle when it is unsafe to do so.

Unfortunately, many drivers fail to give cyclists the space and attention the law requires. When a driver’s inattention or negligence causes a crash, they — and potentially their employer or insurer — can be held liable for the bicyclist’s injuries and losses.

Common Causes of Bicycle Accidents in Wisconsin

Most bicycle accidents involving motor vehicles are preventable and stem from driver error rather than cyclist fault. The most common causes our Wisconsin bicycle accident attorneys see include:

  • Distracted driving — texting, adjusting music, using GPS, or any other activity that takes the driver’s eyes, hands, or attention off the road
  • Failure to yield — drivers who run stop signs, blow through red lights, or fail to check for cyclists before making a turn
  • Drunk or impaired driving — a driver under the influence of alcohol or drugs has significantly reduced reaction time and awareness of cyclists
  • Dooring accidents — a parked vehicle’s door opened into a cyclist’s path without warning
  • Unsafe passing — drivers who pass too closely or cut back in too quickly after overtaking a cyclist
  • Defective road conditions — potholes, missing signage, or poorly maintained bike infrastructure that creates unreasonably dangerous conditions
  • Defective bicycle components — in rare cases, a manufacturing defect in the bicycle itself may contribute to a crash, giving rise to a product liability claim

Regardless of how the crash occurred, our attorneys will conduct a full investigation to identify every liable party and build the strongest possible case on your behalf.

Bicycle Accident Injuries

Because bicyclists have no exterior protection, crashes with motor vehicles frequently result in serious and sometimes permanent injuries. Common bicycle accident injuries include:

  • Traumatic brain injuries (TBI) — including concussions, skull fractures, hemorrhage, and hematoma, even when the rider was wearing a helmet
  • Spinal cord injuries — which may result in partial or complete paralysis
  • Broken bones — fractures to the arms, legs, wrists, collarbone, and pelvis are common when a rider is thrown from their bike or pinned under a vehicle
  • Road rash — deep skin abrasions that can require surgery, skin grafting, and long-term wound care
  • Nerve damage — numbness, weakness, and chronic pain from nerve injuries in the arms and hands
  • Internal injuries — organ damage from blunt-force trauma that may not be immediately apparent at the scene

Many bicycle accident victims require months of treatment, physical therapy, and rehabilitation. Some face permanent limitations that affect their ability to work and enjoy life. Our attorneys account for both current and future losses when calculating the full value of your claim.

How Liability Is Determined in a Wisconsin Bicycle Accident

Wisconsin follows a modified comparative fault rule under § 895.045 of the Wisconsin Statutes. This means that even if you were partially at fault for the accident — for example, if you were not wearing a helmet or were riding slightly outside the bike lane — you may still recover compensation as long as your share of fault does not exceed 50%. Your total recovery is reduced proportionally by your percentage of fault.

Insurance companies are well aware of this rule and will frequently attempt to assign as much fault as possible to the cyclist to reduce or eliminate their payout. Our bicycle accident lawyers push back on unwarranted fault assignments, gather independent evidence, and work with accident reconstruction professionals when necessary to establish that the driver — not you — was primarily responsible for the crash.

What to Do After a Bicycle Accident in Wisconsin

The steps you take in the immediate aftermath of a crash significantly affect your ability to recover full compensation. If you have been struck by a vehicle while riding your bicycle:

  • Call 911 — Have police respond and file an official report. Do not agree to settle anything at the scene without a report, and do not let the driver convince you to handle it privately.
  • Seek medical attention immediately — Even if you feel relatively okay, internal injuries and traumatic brain injuries may not produce symptoms right away. A medical evaluation creates records that become critical evidence in your case.
  • Document the scene — Photograph your bicycle, the vehicle, road conditions, any traffic control devices, and your visible injuries. Collect contact information for any witnesses.
  • Do not speak to the other driver’s insurance adjuster — Anything you say can be used against you to reduce your claim. Decline to give a recorded statement until you have spoken with an attorney.
  • Contact Pemberton Personal Injury Law Firm — The sooner our team begins its investigation, the better. Evidence fades, witnesses move on, and surveillance footage gets overwritten. Early involvement is a significant advantage.

What Compensation May Be Available After a Bicycle Accident?

Wisconsin law allows bicycle accident victims to pursue compensation for all losses caused by the crash, including:

  • Medical expenses — past and future, including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
  • Lost wages and reduced earning capacity if your injuries prevent you from working
  • Pain and suffering, both physical and emotional
  • Property damage to your bicycle and personal belongings
  • Loss of enjoyment of life for activities you can no longer perform because of your injuries

In cases involving fatal bicycle accidents, surviving family members may also be entitled to bring a wrongful death claim under § 895.04 of the Wisconsin Statutes. Recoverable damages may include loss of financial support, loss of companionship, and funeral and burial expenses.

What if the Driver Who Hit Me Was Uninsured?

Wisconsin requires drivers to carry auto liability insurance, but not every driver on the road complies. If you were hit by an uninsured or underinsured motorist, you may still have options. Your own automobile or umbrella insurance policy may include uninsured/underinsured motorist (UM/UIM) coverage that can apply to bicycle accidents. Our attorneys will review every available insurance policy and pursue every possible source of compensation on your behalf — including your own insurer if necessary.

Why Choose Pemberton Personal Injury Law Firm?

Those who ride bicycles deserve to feel safe on Wisconsin’s roads. When a negligent driver takes that safety away, Pemberton is here to hold them accountable. Our legal team has recovered millions for injured Wisconsin cyclists, including a near-policy-limits settlement for a client who sustained life-threatening injuries in a collision — a case in which we also negotiated medical liens down by more than $250,000. We take over every aspect of your claim, from the initial investigation through the final resolution, so you can focus on your recovery.

Past outcomes do not guarantee future results, but they do reflect the commitment and resources we bring to every bicycle accident case we take on.

Common Questions About Wisconsin Bicycle Accident Claims

Do I have a valid bicycle accident claim if the crash was partly my fault?

Possibly, yes. Wisconsin follows a modified comparative fault rule under § 895.045. As long as you are found to be 50% or less at fault for the accident, you may still pursue compensation for your injuries. Your total recovery will be reduced by your percentage of fault — for example, if you are 20% at fault and your damages total $100,000, you could recover up to $80,000. Insurance companies routinely try to assign excess fault to cyclists to reduce payouts. Our attorneys investigate independently and push back on unwarranted blame.

How long do I have to file a bicycle accident lawsuit in Wisconsin?

Under Wisconsin Statute § 893.54, you have 3 years from the date of your injury to file a personal injury lawsuit. For wrongful death cases arising from a fatal bicycle accident, the 3-year window begins on the date of the deceased person’s death under § 895.04. Missing this deadline almost always means losing your right to compensation permanently. Do not wait to contact an attorney — evidence disappears, witnesses forget, and the clock keeps running from the day of the crash.

What should I do if the driver who hit me does not have insurance?

You may still have options. Your own auto or umbrella insurance policy may include uninsured or underinsured motorist (UM/UIM) coverage that applies to bicycle accidents, even if you were not in a car at the time. Wisconsin also allows bicyclists to recover under their own UIM coverage when the at-fault driver’s policy limits are insufficient to cover the full extent of the injuries. Our attorneys will review every policy that could apply and pursue every available source of compensation on your behalf.

Should I speak to the other driver’s insurance company after a bicycle accident?

No — not before speaking with an attorney. Insurance adjusters are trained to ask questions and gather statements in ways that can reduce the value of your claim. Even an honest, offhand remark about feeling “okay” at the scene can be used against you later. Politely decline to give a recorded statement, decline to sign any medical releases, and do not accept any settlement offer until you have had your case evaluated by a bicycle accident attorney.

What injuries are most common in Wisconsin bicycle accidents?

Because bicyclists lack the physical protection of a vehicle, crashes with motor vehicles frequently result in serious injuries. The most common include traumatic brain injuries (including concussions, skull fractures, and hemorrhage), spinal cord damage, bone fractures in the arms, legs, wrists, and collarbone, road rash requiring surgery or skin grafting, and internal organ injuries. Many victims require months of treatment and face permanent limitations. Our attorneys account for both current costs and long-term future losses when pursuing your claim.

Can family members file a claim if a bicyclist was killed in a crash?

Yes. Wisconsin’s wrongful death statute (§ 895.04) allows eligible family members — including spouses, children, and parents — to bring a wrongful death claim when a loved one is killed due to another person’s negligence. Recoverable damages may include loss of the deceased’s financial support, loss of companionship and society, funeral and burial expenses, and the deceased’s pre-death pain and suffering. The statute of limitations for wrongful death claims in Wisconsin is 3 years from the date of death. Pemberton handles wrongful death cases resulting from bicycle accidents throughout Wisconsin.

Free Consultation from Our Wisconsin Bicycle Accident Lawyers

Pemberton Personal Injury Law Firm has a proven record of fighting for Wisconsin cyclists and recovering meaningful compensation for their injuries and losses. Our attorneys handle bicycle accident claims on a contingency fee basis — there are no upfront costs, no hourly charges, and no fee at all unless we recover compensation for you.

Contact our Wisconsin bicycle accident attorneys at (608) 448-6242 today for a free, no-obligation consultation. We will review your case, explain your options, and get to work protecting your rights.

Why Choose Us?

Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.

But So Are We.

At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.

You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.

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Free Case Evaluation From Our Wisconsin Bicycle Accident Lawyers

Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.

Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.

Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.

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