Published: March 1, 2011
Author: Jessica Ozalp

With spring approaching and the cycling season starting up again, questions about bicycle rights and safety arise. The answers to these 10 frequently asked questions will help you better understand your rights and obligations as a cyclist in the case of an accident.

1. What should I do to protect my rights after a bike accident?
If you suffer injury and/or property damage in an accident, you can maximize your chances of receiving a fair recovery by:

• Seeking medical attention immediately for any injuries
• Getting the names and contact information of all witnesses
• Calling the police, who may investigate and preserve evidence
• Avoiding conversations with insurance company adjusters or investigators, whose goal is to eliminate or reduce your recovery
• Avoiding recorded statements
• Refusing to sign any medical authorizations or releases of claims
• Consulting with an attorney promptly, before making important decisions that will significantly affect the value of your health and liability insurance claims
  

You should also take pictures of your bicycle, if damaged in the accident, and any injuries you sustained. Take pictures of any damage to the vehicle that hit you, as well as any road debris. If your bike was damaged, try and locate your sales receipt and/or any receipts for custom parts on the bicycle. Do not take your bike in to be repaired until after speaking with an attorney, as you may be required preserve evidence of the accident. If your bicycle was a custom bike, you may be required to have it appraised.

2. Can I bring a lawsuit against the driver who hit me?
If the driver was negligent or at fault, you can bring a lawsuit to recover damages for injuries and/or property damage (i.e. to your bike) caused by the accident. If the driver denies responsibility, part of the goal of the suit will be to decide who was responsible.

3. What if I was doing something wrong (i.e. not wearing a helmet, riding in the wrong lane)?
You could be found partly at fault, which would reduce your recovery, but the driver is still responsible for damages that resulted from his or her negligence or fault. Each party is responsible for the part of the damages they caused.

4. What damages can be recovered for a bike accident?
Wisconsin law allows you to recover damages for medical treatment, wage loss (such as time away from work for recovery), loss of earning capacity (even if you continued to receive payment from your workplace during time off for recovery), property damage, pain and suffering, and other non-economic damages.

5. Does auto insurance cover bike accidents?
The driver’s auto insurer normally pays for damages to a bicyclist in an accident, and under some circumstances the bicyclist’s auto insurance may be required to contribute even if their automobile was not involved.

6. What if the driver was uninsured?
If the driver is uninsured the bicyclist’s auto insurance may provide uninsured motorist coverage, even when the automobile covered by the policy was not involved in the accident. Underinsured motorist coverage also may apply. Because there may be several forms of health insurance available to treat injuries after an accident, obtain legal advice soon after the accident to determine the available coverage and the appropriate insurance to use.

7. If I pursue a claim against the driver, what happens to him or her?
Wisconsin’s direct action statute allows injured parties to bring claims directly against insurance companies and not against the person causing the accident. The insurance company must cover the payments made to the injured person. If a lawsuit is filed, the cost of defense is also paid by the insurance company. The majority of cases are settled out of court, and it is always the client’s decision whether or not to file a lawsuit.

8. How much time do I have to bring a lawsuit after a bike accident?
In Wisconsin, the statute of limitations is six years from the accident. Pursue your claim promptly because evidence can be lost, making the case harder to prove.

9. What are a bicyclist’s rights and responsibilities?
Wisconsin law defines a bicycle as a vehicle, and gives a bicyclist the same rights and the same duties as an operator of an automobile or any other vehicle. See the Wisconsin Department of Transportation's Rules for Riding Bicycles on the Road for more information.

10. What special laws apply to bicyclists?
The following laws are found in Wisconsin Statutes chapter 346.

• Lanes- Bicyclists are to ride on the right, as far to the right as practicable (meaning “safe and reasonable.”) On one-way streets, stay close to either the left or right curb. Always ride in the same direction as traffic.
  
• Shoulders- On a highway, bicyclists may (but are not required to) ride on the shoulder unless local authorities have prohibited it.
  
• Riding Two Abreast- Bicyclists can ride two abreast as long as you are not impeding traffic. If there are two or more lanes on the road, you can only ride two abreast if you fit in a single lane.
  
• Biking in the Dark- Bicyclists must have a white front headlight and a red rear reflector when riding at night, whether on a street, path, sidewalk, etc. The headlight must be visible from 500 feet away, and the rear reflector from 50-500 feet away. It is advisable to have a flashing red rear light in addition to the required reflector.
  
• Signaling Turns- Bicyclists must use hand signals within 50 feet before turning, although they need not signal continuously if controlling the bike takes both hands.
  
• Three Feet Rule- When passing a slow or stopped vehicle, give the vehicle at least three feet of clearance. Cars passing bikes are likewise required to give the bike at least three feet of clearance.
  
• Stopping at Red Lights- Bicyclists must stop at a red signal like other vehicles. After stopping for not less than 45 seconds, if the bicyclist believes the signal is vehicle activated and no other vehicles are present to activate it, he or she can proceed cautiously through the intersection, yielding to oncoming traffic.

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