Cyclists are some of the most vulnerable people on the road. When a driver makes a mistake, the person on the bike often suffers the most serious injuries.
If you were injured while riding, you might be searching things like “I got hit on my bike, what are my rights?” or “can I sue after a bicycle accident in Wisconsin?” These are important questions, and the answers can have a big impact on your recovery.
At Jacobs Injury Law, we represent injured cyclists across Wisconsin, including Milwaukee, Waukesha, Racine, Kenosha, Wisconsin Dells, Stevens Point, Wisconsin Rapids, and surrounding areas. If you were hurt in a crash, a Wisconsin bicycle accident lawyer can help you understand your options and pursue compensation.
No Fee Unless We Win or Settle Your Case! (414) 306-8999
Why Bicycle Accident Cases Are Different
Bicycle accident cases are not the same as typical car accident claims. Cyclists have very little protection, which often leads to more severe injuries and more complex legal and insurance issues.
These cases often involve factors that do not come up in standard vehicle collisions, such as:
- Visibility and driver awareness
Drivers frequently claim they did not see the cyclist. This makes visibility, lighting, and line-of-sight important factors in determining fault. - Road design and infrastructure
The presence or absence of bike lanes, shoulder space, signage, and traffic control devices can all play a role in how an accident occurred. - Passing distance and driver behavior
Wisconsin law requires drivers to give cyclists enough space when passing. Failing to do so can directly lead to serious injuries. - Dooring accidents
One of the most common bicycle-specific accidents occurs when a driver or passenger opens a car door into a cyclist’s path. These cases require careful analysis of positioning and timing. - Bias against cyclists
Insurance companies sometimes try to portray cyclists as reckless or unpredictable. This can affect how claims are handled and why strong legal representation matters.
Because of these unique factors, working with a Wisconsin bicycle accident attorney who understands how to investigate and present these cases can make a meaningful difference.
How Bicycle Accidents Happen
Most bicycle accidents are caused by driver negligence. Some of the most common scenarios include:
- A driver turns and fails to see an oncoming cyclist
- A vehicle passes too closely and sideswipes a rider
- A driver opens a car door into a cyclist’s path
- A driver pulls out without checking for bikes
- A distracted driver drifts into a bike lane
These accidents often happen quickly, and cyclists rarely have time to react.
Understanding Your Rights as a Cyclist in Wisconsin
Under Wisconsin law, bicycles are treated as vehicles in most situations. This means cyclists generally have the same rights to use the road as drivers, along with many of the same responsibilities.
Some key rights cyclists have include:
- The right to ride on most roadways, even without a bike lane
- The right to occupy a lane when it is unsafe to ride at the edge
- The right to be treated as a lawful road user
Drivers must respect those rights. For example:
- Motorists must leave a safe distance, typically at least three feet, when passing
- Drivers must yield when turning across a cyclist’s path
- Drivers must remain alert and watch for cyclists in traffic
Cyclists also have responsibilities, including:
- Following traffic signals and signs
- Riding in the same direction as traffic
- Using lights and reflectors when riding at night
These rules play an important role in determining fault after an accident. Even if a cyclist made a mistake, that does not automatically prevent recovery. A Wisconsin bicycle accident lawyer can evaluate how these laws apply to your situation.
Who May Be Liable for a Bicycle Accident?
In many cases, the driver is responsible. However, liability is not always limited to one party.
Depending on the circumstances, responsible parties may include:
- Negligent drivers
Drivers who fail to yield, drive distracted, speed, or pass too closely are often responsible for bicycle accidents. - Employers
If the driver was working at the time of the crash, such as making deliveries, their employer may also be liable. - Government entities
Unsafe road design, poor maintenance, or dangerous intersections can contribute to accidents. These cases involve special rules and deadlines. - Property owners
Hazards like obstructed views or unsafe driveway conditions can sometimes play a role. - Manufacturers
Defective bicycle parts or vehicle components may also contribute to a crash.
Identifying all responsible parties is critical. A Wisconsin bicycle accident attorney can investigate your case and pursue all available sources of compensation.
What If the Driver Blames Me?
It is common for drivers or insurance companies to argue that the cyclist caused the accident.
Wisconsin follows a comparative negligence rule. This means:
- You can recover compensation if you were less than 51 percent at fault
- Your compensation is reduced based on your percentage of fault
A lawyer can help challenge unfair blame and protect your claim.
Injuries Cyclists Commonly Suffer
Cyclists are exposed and often suffer serious injuries, including:
- Traumatic brain injuries
- Broken bones
- Spinal injuries
- Internal injuries
- Road rash and scarring
These injuries often require extensive treatment and recovery time.
What Can You Recover After a Bicycle Accident?
A bicycle accident can affect nearly every part of your life. Your claim should reflect both financial and personal losses.
Compensation may include:
- Medical care and future treatment
Emergency care, surgeries, follow-up visits, and long-term needs. - Lost income and future earnings
Wages lost during recovery and reduced ability to work. - Pain and physical limitations
Ongoing pain, reduced mobility, and lifestyle changes. - Emotional impact
Anxiety, trauma, and fear of riding again. - Rehabilitation costs
Therapy and recovery services needed to regain function.
A Wisconsin bicycle accident lawyer can help ensure your claim reflects the full impact of the crash.
What To Do After a Bicycle Accident
If you are able, take these steps:
- Get medical attention
- Call the police
- Document the scene
- Collect witness information
- Avoid speaking with insurance companies before legal advice
How Jacobs Injury Law Can Help
After a bicycle accident, you are not just dealing with injuries. You are dealing with insurance companies, medical bills, missed work, and a lot of uncertainty about what comes next.
That is where Jacobs Injury Law comes in.
We represent injured cyclists throughout Wisconsin, including Milwaukee, Wisconsin Dells, Stevens Point, Wisconsin Rapids, and surrounding communities. From the beginning, our goal is simple. Take the pressure off you and put you in the strongest position possible to recover physically and financially.
When you work with our firm, we will:
- Investigate exactly how the crash happened
Bicycle accidents often come down to details. We gather police reports, speak with witnesses, review photos or video, and, when needed, work with experts to understand what really caused the collision. - Preserve and build critical evidence
Evidence can disappear quickly after a crash. We act early to secure what is needed to support your claim and avoid disputes later. - Handle the insurance companies for you
Insurance adjusters are trained to minimize what they pay. We take over all communication so you are not pressured into saying something that could hurt your case or accepting less than you deserve. - Work closely with your medical providers
Understanding your injuries is key to valuing your case. We make sure your treatment, recovery, and long-term needs are fully documented. - Pursue full and fair compensation
We look beyond the immediate costs and focus on how the injury has affected your life. That includes future care, lost earning ability, and the personal impact of the accident.
Attorney Ann Jacobs is a highly experienced and trusted Wisconsin bicycle accident lawyer with more than 20 years of experience helping injury victims across the state. She is known for her thorough preparation, attention to detail, and willingness to stand up to insurance companies when they refuse to be fair.
Most importantly, we understand that no two cases are the same. We take the time to listen to your story, answer your questions, and guide you through the process in a way that makes sense for you.
You focus on your recovery. We will handle the rest.
Talk to a Wisconsin Bicycle Accident Lawyer Today
At Jacobs Injury Law, S.C., we are committed to helping injured cyclists move forward after serious accidents.
If you were hit by a car or your loved one was injured while riding a bicycle, don’t wait to get help. Call (414) 306-8999 today or contact us online. We offer free consultations and there’s no fee unless we win or settle your case.
Bicycle Accident FAQs
I got hit while riding my bike. What should I do right away?
First, get medical attention as soon as possible, even if you think your injuries are minor. Some injuries, like concussions or internal injuries, may not show symptoms right away. Call the police and make sure an accident report is created. If you are able, take photos of the scene, your bicycle, the vehicle, and any visible injuries. Get contact information from witnesses. It is also important to avoid speaking with the driver’s insurance company before talking to a lawyer.
Do I have a valid bicycle accident case?
You may have a case if your accident was caused by someone else’s negligence, such as a driver failing to yield, passing too closely, or driving distracted. Even if you are unsure who was at fault, a Wisconsin bicycle accident lawyer can review the details and help determine whether you have a claim.
Can I still recover compensation if I was partly at fault?
Yes. Wisconsin follows a comparative negligence rule. As long as you were less than 51 percent at fault, you may still recover compensation. However, your recovery will be reduced by your percentage of fault. Insurance companies often try to place more blame on cyclists than is fair, so it is important to have someone advocating for you.
What if I was not riding in a bike lane?
You can still have a valid claim. Wisconsin law allows cyclists to ride on most roadways, even when a bike lane is not present. Not being in a bike lane does not automatically make you at fault.
What if I was not wearing a helmet?
You may still recover compensation. Wisconsin does not require helmets for adult cyclists. While insurance companies may try to argue that not wearing a helmet contributed to your injuries, it does not automatically prevent you from bringing a claim.
Who pays for my medical bills after a bicycle accident?
Medical bills are often paid initially through your own health insurance. Depending on the situation, you may also have coverage through an auto insurance policy, including uninsured or underinsured motorist coverage. Ultimately, a claim against the at-fault party is intended to recover these costs.
What if the driver who hit me does not have insurance?
You may still have options. Many people have uninsured or underinsured motorist coverage through their own auto insurance policy, which can apply even if you were riding a bicycle at the time of the accident. A lawyer can help identify all available sources of coverage.
How much is my bicycle accident case worth?
The value of your case depends on several factors, including the severity of your injuries, your medical expenses, lost income, and how the accident has affected your daily life. Cases involving long-term injuries or permanent limitations are typically worth more than minor injury cases.
How long do I have to file a bicycle accident claim in Wisconsin?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit. However, if a government entity is involved, you may need to provide notice much sooner. It is best to speak with a lawyer as early as possible.
Will my bicycle accident case go to court?
Many cases are resolved through settlement without going to trial. However, if the insurance company does not offer a fair settlement, filing a lawsuit may be necessary. Your attorney will prepare your case for both settlement and trial if needed.
How much does it cost to hire a Wisconsin bicycle accident lawyer?
Jacobs Injury Law offers free consultations and works on a contingency fee basis. This means there are no upfront costs, and you do not pay attorney fees unless your case is won or settled.
