Milwaukee Bicycle Accident Attorney

A bicyclist is almost completely unprotected in a collision with a motor vehicle — which is why even a “minor” crash can cause catastrophic, life-changing injuries, and why drivers and their insurers so often try to shift the blame onto the rider. If you or someone you love was hurt or killed in a Wisconsin bicycle accident caused by a driver, Mingo & Yankala, S.C. can help. We know Wisconsin’s bicycle laws, we know how to defeat the “it was the cyclist’s fault” argument, and we know how to find every source of recovery. Attorney Mark Mingo is Board Certified in Civil Trial Law by the National Board of Trial Advocacy and has tried more than 100 cases to verdict. Call (414) 273-7400 for a free consultation.

Wisconsin Law Is on the Cyclist’s Side — and We Use It

Insurers love to suggest a cyclist did not belong on the road or somehow caused the crash. Wisconsin law says otherwise, and knowing that law is often the key to the case:

• A bicycle is a vehicle. Under Wisconsin law, a person riding a bicycle on the road has all the same rights — and duties — as the driver of any other vehicle (Wis. Stat. § 346.02(4)(a)). Cyclists belong on the road, and drivers must treat them accordingly.
• The 3-foot law. A motorist passing a bicycle must leave at least three feet of clearance and maintain it until safely past (Wis. Stat. § 346.075). Wisconsin was the first state in the nation to enact this law. When a driver strikes a cyclist from behind or sideswipes one, a violation of the 3-foot law is almost always part of the case.
• Right-of-way and the rules of the road apply to drivers around cyclists just as they do around other vehicles. A driver who fails to yield, turns improperly, or is not paying attention is responsible for the harm that follows.

We use these laws to establish the driver’s fault and to answer the predictable attempt to blame the rider.

How We Build a Bicycle Accident Case

Winning a bicycle case takes investigation and the right proof, especially because a driver will often claim the cyclist “came out of nowhere.” We work with accident investigators and engineers when needed to reconstruct the crash — measuring skid marks, analyzing the damage to the vehicle, and determining speed and direction of travel. We move quickly to preserve evidence before it disappears, including sending spoliation notices so that the vehicle, video footage, and other proof are not altered or lost. Witness statements, medical documentation, and police reports round out the picture. The goal is to make the case turn on the evidence — not on an insurer’s assumptions about cyclists.

We Find Every Source of Recovery

A catastrophic bicycle injury is often worth far more than the at-fault driver’s insurance will pay — and many drivers carry low limits. Finding every available source of recovery is one of the most important things we do: the driver’s policy, the injured cyclist’s own underinsured or uninsured motorist coverage, and any other responsible parties. We also work to reduce or eliminate the medical liens and bills that would otherwise be repaid out of a client’s recovery — keeping more of the money with the client and family, where it belongs.

Proving the Full Value of a Bicycle Injury

• Future medical and care costs are established through expert testimony; in catastrophic cases a life care planner projects the lifetime cost.
• Loss of earning capacity — Wisconsin compensates the loss of the capacity to earn, not just wages already lost.
• Future pain, suffering, and disability recognize the lasting impact of the injury.
• The collateral source rule — the fact that your health insurance paid some bills generally does not reduce what the at-fault party owes.

Bicycle Accident Results

• Collected full policy limits in a fatal bike accident and prevented a lien holder and hospital from collecting any of the over $100,000 in medical bills, which would have come out of the settlement proceeds. Out of respect for the dignity and privacy of the family, details regarding the accident will remain confidential.
• $130,000 settlement for a client injured in a bicycle accident.

Past results do not guarantee or predict a similar outcome in any future case. Every case depends on its own facts.

Talk to a Wisconsin Bicycle Accident Lawyer

If you or someone you love was injured or killed in a bicycle accident, call Mingo & Yankala, S.C. at (414) 273-7400 for a free consultation. No fee unless we win.

Related:

Car Accidents | Truck Accidents | Spinal Cord Injuries | Traumatic Brain Injuries | Wrongful Death | Motorized Bicycle Accidents | Road Rash Injuries

Frequently Asked Questions — Bicycle Accident Cases in Wisconsin

The driver says I “came out of nowhere” and that it was my fault. How do I fight that?

Drivers and insurers frequently blame the cyclist — it is one of the most common tactics in these cases. But a case is decided on evidence, not assumptions. The physical evidence from the scene, the point of impact, the damage to the vehicle, witness accounts, and sometimes video can show what actually happened, and it often contradicts the “came out of nowhere” claim. Wisconsin law also gives cyclists the same rights as any vehicle on the road, including protection under the 3-foot passing law. Part of our job is keeping the focus on the driver’s conduct.

I wasn’t wearing a helmet. Does that mean I can’t recover?

No. Wisconsin has no statewide law requiring cyclists of any age to wear a helmet, though some local ordinances require them for children — for example, the City of Port Washington requires a helmet for riders age 16 and under. Not wearing a helmet does not make a crash your fault — the driver who hit you is still responsible for causing it. Insurers sometimes try to use the absence of a helmet to argue an injured cyclist should recover less, particularly for head injuries, but that argument can be challenged and often does not succeed. Not wearing a helmet does not prevent you from bringing a claim.

What is the “3-foot law,” and how does it help my case?

Wisconsin law requires a motorist passing a bicycle to leave at least three feet of clearance and to keep that distance until safely past (Wis. Stat. § 346.075). Wisconsin was the first state to adopt this rule. When a driver hits a cyclist from behind or sideswipes one, it is almost always because the driver failed to give the required space — which is strong evidence of the driver’s fault.

The driver who hit me had very little insurance, and my injuries are severe. Is that all I can get?

Often, no. A single policy is frequently not the only source of recovery. Your own auto or motorcycle policy may include underinsured or uninsured motorist coverage that applies when the at-fault driver’s insurance is too small, and there may be other responsible parties. In addition, medical bills and liens can sometimes be reduced or waived, leaving more of the recovery with you. Finding every available source is one of the most important things a lawyer does in a serious bicycle case.

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

Deadlines depend on the facts, including how the crash happened and who is responsible, and some are shorter than people expect — for example, claims involving a government vehicle or road condition can have much shorter notice deadlines. Because evidence is also strongest when gathered early, it is important to speak with an attorney as soon as possible.