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A cycling accident can be a life-changing event, causing significant injuries that leave you with sky-high medical bills, lost wages due to an inability to work, and permanent disabilities affecting your daily life. For this reason, it’s essential that you work with an experienced bicycle accident attorney to seek the compensation you need following a collision in Green Bay, Wisconsin.
At Peterson, Berk & Cross, S.C., we have the legal knowledge and experience required to handle any type of cycling accident, whether you were struck by a vehicle, crashed due to poor road conditions, or were the victim of a defective product. Contact our law firm today to learn more about how our personal injury lawyers can help and to get started on your case.
Bicycle accidents can have various causes. However, one of the leading causes is motorists. Car and truck drivers cause many cycling accidents due to their inattention or aggressive driving. Examples of accidents caused by motorists include:
In some cases, drivers may also flee the scene after causing a bicycle accident, resulting in a hit-and-run incident.
Another common cause of bicycle accidents is poor road conditions, such as cracked pavement or large potholes, which can cause cyclists to lose control. Additionally, defective helmets may not provide adequate protection in the event of a fall, and pedestrians may not look where they’re walking, leading to collisions with cyclists.
Bicycle accidents frequently cause severe injuries due to cyclists’ lack of personal protection. Even when wearing a helmet to protect against the worst head and brain injuries, cyclists still take the brunt of impacts with vehicles, other objects, and the road surface.
Some of the most common and severe injuries sustained by cyclists are:
The party or parties at fault for your bicycle accident depend on how the accident occurred. For example, the driver of a vehicle that collided with you would be at fault if they were texting while driving. However, if poor road conditions caused the collision, the driver and the government entity responsible for maintaining the road may share liability.
Additionally, if a defective product caused the accident or contributed to your injuries, the manufacturer could be at fault. This includes manufacturers of vehicles, bicycles, and safety equipment.
Part of identifying the parties responsible for your bicycle accident injuries is gathering the evidence needed to demonstrate that their actions were a contributing factor. As part of their investigation into the incident, your lawyer will obtain various types of evidence, including:
Wisconsin uses a modified comparative negligence system that allows injured cyclists to seek and recover compensation as long as they are less than 51 percent at fault for their injuries. However, even if your degree of fault is below that threshold, being at fault for the accident in any way could impact your compensation.
The compensation you receive through a trial award will be reduced by a percentage equal to your degree of fault. So, if the jury finds you to be 20 percent at fault, you would only recover 80 percent of your awarded compensation.
Through a bicycle accident lawsuit, you can seek compensation for the various losses you sustained due to your injuries. These losses may include the following:
The amount of compensation you could receive depends on various factors, including the severity of your injuries. It’s also essential to remember that the best way to maximize your compensation is to hire a bicycle accident lawyer to handle your case.
In Wisconsin, cyclists must follow the same rules of the road as other drivers. However, that also means they’re afforded the same rights on the road, including the right to use the full width of the lane they’re in, as long as they aren’t traveling slower than surrounding traffic.
If a driver causes an accident by attempting to overtake you in your lane, that could be used as evidence of their fault for the collision.
The state also doesn’t have a universal helmet law. While you should always wear a helmet when riding a bike because they significantly reduce the risk of sustaining severe head and brain injuries, you cannot be penalized for not wearing one.
If you’ve been in a cycling crash in Green Bay, taking the following steps can strengthen your case and give you a better chance of recovering the maximum compensation:
Under Wisconsin’s statute of limitations, cyclists have three years to file lawsuits against the parties responsible for their injuries. You must file your lawsuit within this period or risk the courts barring you from recovering compensation.
Peterson, Berk & Cross, S.C., boasts over 150 years of combined legal experience and holds various certifications. We also take pride in being accessible and delivering excellent results for our clients. We take a team approach to each case, keeping you informed about the status of your case.
If you were injured in a bicycle accident in Green Bay, contact our law firm to schedule a consultation with one of our highly qualified cycling accident attorneys. We’ll explain your rights and walk you through the steps involved in seeking the compensation you need following an accident.
