Cycling is an excellent form of recreation and exercise enjoyed by many residents around town. The warm summer months bring many avid recreational cyclists out to pedal along the lakefront or on one of the area’s many scenic byways.
Unfortunately, every year an average of nine cyclists are involved in fatal accidents on Wisconsin roads, and over 850 suffer personal injuries, according to the state’s Department of Transportation. If you are a cyclist who was injured in an incident related at least partially to someone else’s negligence, you could be entitled to seek financial compensation for your injuries.
Get in touch with an experienced personal injury attorney as soon as possible after your accident before speaking to an insurance company representative. A Kenosha bicycle accident lawyer could help protect your rights against an insurance company and work to obtain compensation to offset your injuries. En Español
Money Damages Can Help Offset Losses
When another party’s actions contributed to a bicycle accident, the injured cyclist could be entitled to receive compensatory damages, which are cash payments meant to offset the losses the party caused. Compensatory damages could be comprised of both economic and non-economic damages.
Economic damages are expenses that have a fixed or predictable price. Examples of economic damages include medical expenses, lost wages, the value of any property damaged in the crash, and all costs associated with recovering from the crash. An experienced injury legal advisor could help an accident victim calculate all the costs that they incurred and will incur because of the accident and their injuries.
Non-economic damages, on the other hand, compensate for intangible losses. Pain and suffering, embarrassment and humiliation, loss of enjoyment of life, and emotional distress are some examples of non-economic damages that can be recovered in a personal injury suit.
Suite 101 Kenosha , WI 53140
Injured Cyclists in Kenosha Must Prove Other Party’s Negligence
A cyclist seeking damages must show that someone else’s negligence was the primary cause of the accident that led to their injuries. For example, if the driver was distracted or impaired while operating their vehicle, negligence may be one of the causes of the accident. Additionally, negligence could take the form of traffic law violations or a defective or improperly maintained vehicle. Lastly, a municipality or other government could be liable in the case of an improperly maintained road or inadequate signage.
However, an injured cyclist may bear some responsibility. A Kenosha judge or jury could find that a cyclist who rode a poorly maintained bike or who failed to follow the rules of safe cycling may be partially at fault from their own accidental injuries. However, a negligent cyclist is still entitled to collect damages from other negligent parties, as long as they bear less than 51 percent of the blame for the accident.
If some negligence can be proven on behalf of the injured plaintiff, Wisc. Stat. §895.045 requires that any award the plaintiff receives be adjusted to reflect the degree of responsibility they carry. The other parties could attempt to limit their liability by arguing that the plaintiff’s actions were the primary cause of the accident. A local injury legal professional could counter those arguments and present facts and evidence supporting the proposition that parties other than the cyclist bear most of the responsibility.
A Kenosha Bicycle Accident Attorney Can Help Get You Back on Your Feet
Bicycle accidents can lead to severe physical injuries, mental distress, and property damage. If you are recovering from a serious bike wreck, you should not also be trying to handle negotiations with insurance companies on your own. You should be focusing on your recovery.
Allow a compassionate personal injury attorney to handle the effort to bring negligent parties to account. A legal professional from Wittmeyer Injury & Accident Attorneys can help you recover the settlement you deserve. Contact a Kenosha bicycle accident lawyer today for a complimentary case review.
Frequently Asked Questions
Call 911 immediately so the Kenosha Police Department or Kenosha County Sheriff can create an official accident report. Seek medical attention right away at a facility like Froedtert Kenosha Hospital or Aurora Medical Center Kenosha. Document the scene by taking photos of vehicle damage, your bicycle, road conditions, and visible injuries before leaving.
Suite 101 Kenosha , WI 53140
Under Wisconsin law, bicycles are treated as vehicles, granting cyclists the exact same rights and responsibilities as motor vehicle drivers. Drivers must yield the right-of-way to cyclists in designated bike lanes and intersections. Additionally, state law mandates motor vehicles maintain at least three feet of safe clearance when passing a bicycle.
Suite 101 Kenosha , WI 53140
In Wisconsin, vehicle occupants are legally prohibited from opening vehicle doors into moving traffic unless it is reasonably safe. Drivers or passengers opening doors into oncoming cyclists on streets like 56th Street or Sheridan Road are typically found negligent. You can recover damages for injuries resulting from a dooring incident.
Suite 101 Kenosha , WI 53140
Yes. Wisconsin law does not mandate helmet use for adult cyclists, and failing to wear a helmet does not prevent financial recovery. Defense insurers cannot use helmet absence to deny your claim, though they may argue it contributed to head injuries. An experienced attorney protects your right to full recovery regardless of helmet usage.
Suite 101 Kenosha , WI 53140
Notify law enforcement immediately so police can gather surveillance footage and witness statements to locate the driver. If the driver remains unidentified, you can file an Uninsured Motorist (UM) claim through your personal auto insurance policy. UM coverage typically applies to cyclists injured by hit-and-run drivers.
Suite 101 Kenosha , WI 53140
Kenosha local ordinances permit sidewalk riding in residential areas, but prohibit riding on sidewalks within designated business districts unless specified by sign. Cyclists riding on sidewalks must yield right-of-way to pedestrians and give an audible signal before passing. Even if sidewalk riding contributed to a crash, driver negligence remains actionable.
Suite 101 Kenosha , WI 53140
Wisconsin operates under a 51% bar comparative negligence rule. You can recover damages as long as you are determined to be 50% or less at fault for the accident. Your total compensation is reduced proportionally by your assigned fault percentage; for example, 10% fault reduces a $100,000 award to $90,000.
Suite 101 Kenosha , WI 53140
You can recover economic damages, including medical expenses, emergency transportation, future rehabilitation, lost wages, and repair or replacement costs for your bicycle and gear. Non-economic damages compensate for physical pain, emotional trauma, disfigurement, and reduced quality of life caused by the collision.
Suite 101 Kenosha , WI 53140
Wisconsin imposes a strict three-year statute of limitations for personal injury claims starting from the date of the bicycle crash. If the crash resulted in a fatal injury, wrongful death actions must be filed within three years. Failing to file within this window permanently bars your right to compensation.
Suite 101 Kenosha , WI 53140
Our firm brings over 40 years of local legal experience advocating for injured crash victims throughout Southeastern Wisconsin. Located in downtown Kenosha at 520 58th Street, we maintain direct knowledge of local roadways, traffic patterns, and court procedures. Attorney James M. Payne and our trial team work relentlessly to secure maximum recovery.
Suite 101 Kenosha , WI 53140