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Bicycle accidents involving motor vehicles are traumatic and life-threatening. Whether the collision happens on a busy street in downtown Kenosha or a quiet neighborhood, the aftermath of such an event can leave you uncertain about what steps to take next. The legal professionals at the Law Offices of John V. O’Connor are committed to helping you understand your legal rights and options under Wisconsin law. Bicycle accidents often result in serious injuries, and knowing what to do in the moments and days following the accident is crucial for your physical recovery and for securing any compensation to which you may be entitled.
The moments immediately following a bicycle accident are critical for both your health and your potential legal case. It’s essential to remain calm, seek medical attention, and begin gathering evidence that could be important for any claims you may need to file. Our Kenosha bicycle accident injury attorneys understand how overwhelming this process can feel and we want to reassure you that we’re here to support you and guide you through the specific steps you should take to protect your rights and begin the process of recovering financial compensation.
Your health is our top priority after a bicycle accident. Even if you don’t feel immediately injured, it’s crucial to get checked out by a medical professional. Some injuries, such as concussions or internal trauma, may not be apparent right away but can have serious consequences if left untreated. Seeking immediate medical attention will also create a medical record of your injuries, which can serve as critical evidence if you decide to file a personal injury claim.
In Wisconsin, the law allows bicycle accident victims to pursue financial compensation for medical expenses, lost wages, pain and suffering, and more. But without proper documentation of your injuries, it may be difficult to prove the extent of the damages you’ve suffered.
In any motor vehicle accident, it’s important to call the police, regardless of the severity of the crash. The police will document the accident and create an official report, which will include information about the parties involved, witness statements, and potentially even their assessment of fault. According to Wisconsin law, drivers involved in accidents resulting in injury must report the incident to the police immediately (Wisconsin Statute § 346.70).
Having a police report on file is essential, as it may serve as key evidence if you need to file an insurance claim or a lawsuit. The officer’s observations and the information gathered at the scene will provide a neutral, third-party account of the events, which can help support your case.
While waiting for the police to arrive, gather as much evidence as possible if you’re physically able to do so. Take photographs of your bike, the vehicle involved, any visible injuries you’ve sustained, and the surrounding scene. It’s also important to get the contact information of any witnesses, as their accounts may be critical later on when determining fault.
Under Wisconsin’s comparative negligence statute (Wisconsin Statute § 895.045), if you are found partially at fault for the accident, your compensation could be reduced. For example, if the court finds you 30% responsible for the accident, your total damages award would be reduced by 30%. Evidence collected at the scene can help ensure that fault is assigned fairly and accurately.
You should exchange information with the driver involved in the accident, including their name, contact details, driver’s license number, and insurance information. However, avoid discussing the specifics of the accident or admitting fault, even casually. Anything you say could potentially be used against you later when determining liability.
While Wisconsin is not a no-fault insurance state, it’s still important to notify your insurance company after a bicycle accident. Your auto insurance may offer coverage for certain damages under uninsured/underinsured motorist coverage, depending on your policy. Additionally, your health insurance may cover medical expenses related to the accident. Filing a claim with your own insurer ensures that your bases are covered while you pursue compensation from the at-fault driver.
After seeking medical attention and addressing immediate concerns, it’s time to consider your legal options. Under Wisconsin law, you have the right to file a personal injury claim to recover damages for injuries sustained in a bicycle accident caused by someone else’s negligence.
These damages may include:
Wisconsin’s statute of limitations for personal injury claims is three years from the date of the accident, as outlined in Wisconsin Statute § 893.54. This means you have three years to file a lawsuit if a settlement cannot be reached. Missing this deadline could prevent you from recovering any compensation, so it’s important to act quickly.
Even if you feel fine immediately after a bicycle accident, it’s important to seek medical attention. Some injuries, such as concussions, whiplash, or internal injuries, may not show symptoms right away but can become serious if untreated. Additionally, seeing a doctor creates a medical record that will be important if you later decide to pursue compensation.
Liability in a bicycle accident depends on the circumstances of the crash. Generally, the driver of the motor vehicle is at fault if they violated traffic laws or were driving negligently. However, if you, as the cyclist, contributed to the accident by, for example, failing to follow traffic signals, your compensation could be reduced under Wisconsin’s comparative negligence law.
If the driver responsible for the accident does not have insurance, you may still be able to recover compensation through your own insurance policy. Wisconsin requires insurance companies to offer uninsured/underinsured motorist coverage, though it’s not mandatory to carry this coverage. If you have it, this policy could provide compensation in the event the at-fault driver is uninsured.
In Wisconsin, the statute of limitations for personal injury claims is three years from the date of the accident (Wisconsin Statute § 893.54). This means you have three years to file a lawsuit if a settlement cannot be reached with the insurance company. It’s important to act promptly to preserve your rights.
If you or a loved one have been injured in a bicycle accident in Kenosha, the Law Offices of John V. O’Connor are here to help. We understand the physical, emotional, and financial challenges that follow a serious accident, and we are dedicated to securing the compensation you deserve. Contact our bicycle accident lawyer in Kenosha at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive your free consultation. Our team will evaluate your case, explain your options, and work tirelessly to ensure your rights are protected. We represent clients in Kenosha and throughout Wisconsin, and we’re ready to help you on the path to recovery.
