In 2024, 1,103 bicyclists were killed in traffic crashes nationwide, according to NHTSA. When a crash occurs between a vehicle and a bike, NHTSA notes, it is the cyclist who is most likely to be injured.
Wisconsin law requires drivers to give cyclists at least 3 feet when passing, and riders who are partly at fault can still recover as long as their share is not greater than the driver’s. Our Milwaukee personal injury office handles bicycle accident claims on a contingency fee: no attorney fee unless we recover money for you.
Wisconsin Traffic Laws That Protect Cyclists
The 3-foot passing rule
A driver overtaking a bicycle traveling in the same direction must leave a safe distance, never less than 3 feet, and must keep that clearance until safely past (Wis. Stat. 346.075(1)).
Where cyclists may ride
A cyclist riding slower than the normal speed of traffic must generally ride as close as practicable to the right-hand edge or curb (Wis. Stat. 346.80(2)(a)). The law makes exceptions when you are passing, preparing for a left turn, or avoiding unsafe conditions such as parked or moving vehicles, pedestrians, animals, surface hazards or lanes too narrow to share.
Cyclists may ride 2 abreast if doing so does not impede the normal and reasonable movement of traffic (Wis. Stat. 346.80(3)(a)). A cyclist entering a roadway must generally yield to motor vehicles, subject to the crosswalk and signal right-of-way rules (Wis. Stat. 346.80(5)).
Riding in a crosswalk
Wisconsin’s crosswalk right-of-way rules also protect a person riding a bicycle in a crosswalk in a manner consistent with safe use of the crosswalk by pedestrians (Wis. Stat. 346.23 and 346.24). Our pedestrian accident page explains how those yield rules work.
Deadlines, Shared Fault and Claims Against Government
You generally have 3 years to file a lawsuit for bicycle crash injuries (Wis. Stat. 893.54(1m)(a)). If a cyclist is killed, the family’s wrongful death claim arising from a motor vehicle accident must be filed within 2 years (Wis. Stat. 893.54(2m)).
Under Wisconsin’s comparative negligence rule, being partly at fault does not automatically end your claim, but your recovery is reduced by your share of fault (Wis. Stat. 895.045(1)). Your fault is compared against each defendant separately. A defendant found 51 percent or more at fault can be required to pay the full damages, while a defendant under 51 percent pays only its own share (Wis. Stat. 895.045(1)).
If your claim is against a city, county or other local government body or one of its employees, written notice of the claim generally must be served within 120 days (Wis. Stat. 893.80(1d)(a)). An itemized claim must also be presented, and if it is disallowed, a lawsuit generally must be filed within 6 months after the notice of disallowance is served (Wis. Stat. 893.80(1d)(b) and (1g)). Recovery in those cases is generally capped at $50,000, or $250,000 when the claim is based on the negligent operation of a vehicle owned and operated by the government body, with no punitive damages (Wis. Stat. 893.80(3) and 345.05(3)).
Insurance for Injured Cyclists
Wisconsin drivers must carry liability coverage of at least $25,000 for injury to one person and $50,000 for injuries to two or more people in one accident (Wis. Stat. 344.01(2)(d)).
Most Wisconsin auto policies must include uninsured motorist coverage, and underinsured motorist coverage is optional. If you have a household auto policy, it may help, but Wisconsin law allows a policy to cap the uninsured motorist, underinsured motorist or medical payments coverage available to someone who was not using a motor vehicle at the time of the accident at the highest single limit for any one vehicle (Wis. Stat. 632.32(5)(g)).
How Bicycle Crashes Happen
Unsafe passing
NHTSA tells drivers to give cyclists room and not to pass too closely.
Right hooks and left crosses
NHTSA tells drivers not to underestimate a cyclist’s speed, to avoid turning in front of a bicyclist on the road or sidewalk, often at an intersection or driveway. A driver turning left at an intersection must yield to vehicles approaching from the opposite direction, and a person riding a bicycle on the roadway has the rights of a vehicle operator (Wis. Stat. 346.18(2) and 346.02(4)(a)).
Dooring
Wisconsin law bars opening a vehicle door on a highway without first making sure it will not interfere with traffic or endanger anyone (Wis. Stat. 346.94(20)(a)).
Drivers pulling out
A driver entering a road from an alley or driveway must yield to all vehicles approaching on that road, including a person riding a bicycle (Wis. Stat. 346.18(4) and 346.02(4)(a)).
Distracted drivers
Distracted driving includes using a phone or a navigation system, or anything else that takes a driver’s attention away from safe driving.
Bicycle Accident Injuries and Compensation
Wisconsin’s insurance regulator describes liability insurance as making sure a person injured through a driver’s fault will recover from the losses that driver caused. In a bike case, the losses we document can include:
- Hospital, surgery and follow-up care
- Physical therapy and future treatment
- Lost wages and lost earning ability
- The bike, helmet, clothing and gear
- Help at home during recovery
If a crash is fatal, damages for loss of society and companionship in a wrongful death claim are capped at $350,000 for an adult and $500,000 for a minor (Wis. Stat. 895.04(4)). Punitive damages, available when a driver acted maliciously or in intentional disregard of your rights, are generally capped at twice the compensatory damages or $200,000, whichever is greater, but that cap does not apply to a driver too intoxicated to drive safely (Wis. Stat. 895.043).
What to Do After a Bike Crash in Milwaukee
- Get to a safe spot and call 911
- Get medical care right away, even for injuries that seem minor
- Ask the officer how to get a copy of the crash report
- Photograph the scene, the vehicle, your bike and your injuries
- Get the driver’s name, plate number and insurance information
- Collect names and numbers from witnesses
- Keep your bike, helmet and clothing as they are, without repairs
- Save ride data from a bike computer, phone app or camera
- Hold off on recorded statements to the driver’s insurer
- Call quickly if a government vehicle or employee was involved, because of the 120-day notice rule
How 844-SEE-MIKE Helps After a Milwaukee Bicycle Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Frequently Asked Questions
Can I get paid for my damaged bike and gear?
Yes, property damage is part of the claim. Wisconsin’s minimum liability coverage includes $10,000 for damage to the property of others in one accident (Wis. Stat. 344.01(2)(d)). Keep receipts or photos of your bike and equipment so the value can be documented.
What if the driver who hit me drove away?
According to the Wisconsin Office of the Commissioner of Insurance, uninsured motorist coverage applies to bodily injury you and your family suffer when hit by an uninsured motorist or a hit-and-run driver. Whether it applies to you while riding depends on your policy’s terms. Report the crash to police quickly and tell us about any cameras nearby.
Should I accept the insurance company’s first offer?
Talk with us first so you understand what your injuries, missed work and future care may involve.
What does a Milwaukee bicycle accident lawyer cost?
Your consultation with 844-SEE-MIKE is free, and we work on a contingency fee. You pay no attorney fee unless we recover money for you.
If you were hurt as a passenger or driver in a car rather than on a bike, see our Milwaukee car accident page.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
