Experienced Legal Representation
Bicycle Accident Attorneys
Bicycling is a popular and eco-friendly mode of transportation and recreation in Wisconsin. However, cyclists often face significant risks on the road, leading to serious accidents and injuries. If you or a loved one has been injured in a bicycle crash, the dedicated attorneys at Herrling Clark Law Firm are here to help you obtain the compensation you deserve.
Understanding Bicycle Accidents
Bicycle accidents can occur for various reasons, including:
- Negligent Drivers: Many accidents happen when drivers fail to see or yield to cyclists.
- Road Hazards: Poorly maintained roads, debris, and other hazards can cause cyclists to lose control.
- Defective Equipment: Faulty bicycle parts or safety gear can lead to serious injuries.
- Distracted Driving: Drivers using mobile devices or otherwise distracted are a significant risk to cyclists.
- Cyclists are particularly vulnerable due to their lack of protection compared to motorists, often resulting in severe injuries such as fractures, head trauma, and spinal injuries.
FAQs
First, move to a safe location and check yourself for injuries. If you are injured, seek out immediate medical care. If you are able, call the police to ensure an official report is filed, and if possible, take photos of the scene, your bicycle, and the vehicle involved. Exchange information with the driver but avoid discussing fault at the scene. Once you are safe, contact Herrling Clark Law Firm to speak with an experienced bicycle accident attorney.
Determining fault in bike crashes requires a thorough investigation into the actions of both the driver and the cyclist. Wisconsin follows a modified comparative negligence rule, meaning the court will examine if the driver and cyclist were both negligent. Because the physical disparity between a car and a bike is so great, the resulting personal injuries are often severe for the bicyclist.
In Wisconsin, a cyclist is generally not considered a pedestrian when riding on the roadway. According to state law, a person riding a bicycle on a road has all the rights and all the duties of a driver of a vehicle meaning cyclists must obey traffic signals and ride with the flow of traffic. However, when a cyclist is riding on a sidewalk or in a crosswalk (where permitted by local ordinances), they may be granted the same rights and duties as a pedestrian.
While drivers have a significant responsibility to share the road safely, they are not automatically at fault. A driver may be held liable if they were speeding, distracted, or failed to give the cyclist at least three feet of clearance as required by Wisconsin law.
You should look for a team with specific experience in Wisconsin cycling laws and a proven track record. You need a law firm that understands the unique circumstances of bike crashes and the biases cyclists often face from insurance companies. At Herrling Clark, we pride ourselves on being a law firm that personal injury victims can trust because we treat every client like a neighbor, not a case number. Contact us today.
No, bikers do not always have the right of way. Just like motorists, cyclists must follow the rules of the road, including stopping at red lights, yielding to pedestrians in crosswalks, and obeying “yield” signs. In Wisconsin, cyclists generally have the right of way in designated bike lanes, but they must still exercise caution when approaching intersections. The personal injury lawyers at Herrling Clark can help clarify the law and advocate for your recovery.
Yes, you should always call the police after a bicycle accident, even if you don’t think you are seriously hurt or the vehicle damage seems minor. A police report provides an unbiased, third-party account of the incident, which is an essential piece of evidence for any law firm that is building a case.
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