Bicycling is an inseparable part of the Wisconsinans’ lives, it is used to get somewhere, to keep active, or to have fun. Unfortunately, as more cyclists are on the road with motor vehicles, the number of cycling accidents increase. Such accidents cause severe wounds or death of accident victims. A trained Wisconsin bicycle accident lawyer is able to investigate the accident, obtain necessary evidence, and negotiate with insurance companies for the victim. They appreciate the nuances of liability and comparative negligence, as well as the compensation that is pursuable under Wisconsin law.
The fact that the motorist is not keeping an eye out for the bikes is one of the most common reasons for bicycle accidents in Wisconsin. Cyclists are sometimes unseen by drivers, or they are seen and left with little room in which to ride on the road. Routine careless actions include distracted driving, text messaging while driving, failure to give way at intersections, and dangerous right turns across bike lanes. Another common threat is “dooring” accidents, if a driver opens the door of his or her car in front of an approaching cyclist. In spite of state laws that state that passing vehicles should leave a safe distance when passing cyclists, this rule is mostly disobeyed and is generally observed in collisions.
Negligence of Traffic Rules
Violations of Wisconsin traffic laws are the main cause of accidents on the roads; drivers and cyclists involved must abide by the traffic laws but are often frequent violators. Speeding drivers, who will not stop at red lights or heed stop signs, are a great danger to cyclists. Simultaneously, causing accidents are cyclists who ride against the traffic, do not indicate turns, and disregard traffic signals. A good number of accidents are due to mistakes from both parties. Education and the presence of enforced traffic laws are vital to decrease these kinds of events.
Reckless Driving and Speeding Raise Accidents
High speed is a menace to every road user, but to the vulnerable road user, such as cyclists, particularly dangerous. The motorists who speed have not enough time to be able to react upon the passing cyclists and, as such, are likely to collide into them. Risky lane-changes, tail-gaiting, or running into the traffic fluid are all signs of reckless driving which puts the cyclists at the uncontrolled and dangerous conditions. Such actions in over crowded cities like Milwaukee or Madison may cause devastating accidents at a very rapid pace.
Bad Road Conditions can Lead to Bicycle Crashes.
Not every accident involving a bicycle is caused by an error by a driver. Due to badly built roads, there are serious accidents at times. Constant dangers to the bikers always exist due to potholes, loose gravel, debris and uneven pavement, in addition to lack of proper signage. Wisconsin’s severe winters tend to make road situations worse and hence dangerous for bicycles. If such, there are local governments or municipalities that are in charge of maintenance of roads subject to being held liable for accidents if negligence on their part caused the same.
Driving Under Influence (DUI) and Impaired Judgement
Drunk driving has continued to dog Wisconsin. Alcohol- and drug-intoxicated drivers are many times less likely to detect cyclists and manage in time to prevent crashes. Cycling accidents have been found to be very serious, especially in cases where the drivers are under the influence of alcohol. Victims of DUI motor vehicle accidents usually experience life-changing injuries; therefore, such cases are particularly grave from the legal point of view.
Low Visibility and Wisconsin’s Weather Conditions
The weather of Wisconsin is very important in bicycle accidentsPoor visibility is brought by foggy conditions, rain, snow and early nightfall which makes it difficult for the moving bicyclists and motorists. There are increased possibilities of an accident during dawn, dusk, or bad weather condition because it is hard to notice the cyclists particularly if they are not wearing lights or reflective clothes. When visibility is low, the drivers should drive with a lot of caution to avoid tragic accidents despite the fact that the cyclists should make sure they are visible.
Faulty Parts of a Bicycle or a Vehicle Can Also be at Fault
In some cases, personal equipment failures are a cause of accidents and not the fault of road users. Flaws in bicycle parts such as the brakes, the tire or the steering will manifest themselves in the form of losing control by cyclists. Likewise, other automobile defects like failure to the brakes or defunct turn signals can also result in accidents. For such cases, involved parties, manufacturers of bicycles or vehicles, repair shops, or distributors can be sued for damages to victims through product liability laws.
The Question of Liability in a Wisconsin Bicycle Accident
Liability for a bicycle accident result is case-sensitive. In most cases, if negligence resulted in the collision, the motor vehicle drivers are made to take responsibility for it. If, however, a cyclist broke the traffic laws or drove irresponsibly to a degree, they were to be blamed.
In poor road maintenance cases, the municipalities or the government agencies may be held responsible. If the accident had been caused due to a defective bike part or vehicle component, the makers of the products can also be held responsible. In cases of crashes that involve commercial vehicles such as delivery vehicles, both the driver and the employer (delivery company) are liable.
Wisconsin’s Comparative Negligence Law
Wisconsin adheres to a comparative negligence insurance system in ascertaining the liability for an accident. However, it is reduced by the percentage of fault that they contributed to. For instance, if, however, a cyclist is found 20 percent liable in the event, his award will be reduced by this percentage. Notably, if the cyclist is deemed responsible to a degree more than 50%, he/she has no chance to pursue any claims for damages. With the help of an experienced attorney, you may reduce your share of the fault and secure your right to recourse.
Conclusion
Among the preventable causes that lead to the incidences of bicycle accidents in Wisconsin, there are examples of negligence by the drivers, violation of traffic laws, and poor road conditions. It can be a challenging process of making decisions since many parties are involved. If you or your loved one defected in a bicycle accident and you get injured, then you should get in touch with a skilled Wisconsin bicycle accident attorney. You can struggle for the compensation which will enable you to heal and move on with your life with proper pieces of advice from the legal side.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
