Posted by rozeklawoffice on April 7, 2010 under General | 
Yesterday, we wrote a post on Wisconsin bicycle accident and injury prevention. We mentioned that the #1 protection against injury from a bicycle accident is wearing a helmet. We then explained that the second best prevention tip was to purchase under-insured/uninsured motorist coverage. In a hit and run situation, a bicyclist can recover damages and medical expenses from their own under-insured/uninsured insurance.
We forgot, however, to mention other forms of compensation that may be available to Wisconsin bicycle accident victims: Auto Insurance and Home Owners Insurance. The reasons for bicycle accidents vary, as does the means of compensation for injuries due to negligence of another. Bicycle accidents can be caused by a vehicle collision, a dog jumping in front of the cycle, a bump in the road, or a crack in the sidewalk.
In incidents that involve a vehicle, either the driver or the cyclist’s auto insurance may be the most appropriate means for compensation. In instances that involve public sidewalks or roads, municipal government coverage may be the best option.
For bicycle accidents that involve a dog jumping in front of the cyclist, the dog owner’s home owner’s insurance may be the most appropriate means for compensation. And for bicycle accidents in which the cause is unknown or not attributed to anyone in particular, the cyclist’s automobile insurance and/or home owner’s insurance may be the most appropriate.
What is important to understand is that there are many causes of bicycle accidents and many different means of compensation for resulting injuries. If you have been in a bicycle accident in Wisconsin and have been injured, it is important to contact an experienced Wisconsin Bicycle Accident Attorney who can help you determine the most appropriate form of compensation for your injury expenses.
Posted by rozeklawoffice on April 6, 2010 under Bicycle Accidents, Wisconsin Law |
Spring in Wisconsin is finally here and summer is quickly approaching. The snow has melted making way for greener pastures and clear bike routes. By now, you have heard the safety message, “Wear A Helmet” so we will only repeat it once…”Wear A Helmet”… it’s the #1 form of protection from injuries resulting from bicycle accidents.
The second most important protection you can have is adequate uninsured/under-insured motorist (UM/UIM) coverage. If you are an active Wisconsin bicyclist and have the misfortune to be hit by a car and the driver flees the scene, the vehicle is considered under-insured; therefore, your UM/UIM insurance will likely cover your damages, medical bills, lost pay, and pain and suffering.
It is recommended that your UM/UIM limits are at least as great as your bodily injury limits. In short, UM/UIM protects you from the negligent actions of others while bodily injury protects others from your negligence. Both equally as important, not only for drivers, but for bicyclists as well.
If you have been injured in a bicycle accident and want to understand your rights to under-insured/uninsured motorist coverage, be sure to contact an experienced Wisconsin Bicycle Accident Attorney.
Posted by rozeklawoffice on February 23, 2010 under Bicycle Accidents |
Each year there are over 1,000 Wisconsin bicycle accidents that result in serious injury. In the majority of these accidents the driver of the automobile is at fault for causing or contributing to the crash.
Fortunately, bicycle accidents in Wisconsin have declined over the past several years. Many believe this decrease is due to an increase in designated bike lanes and increased bicycle safety awareness.
Considered a “vehicle”, bicycle riders must follow the rules of the road. The Wisconsin Department of Transportation is the agency in which sets forth the state bicycle regulations. here is a quick summary of these regulations:
Lane Positioning: Always ride on the right, in the same direction as other traffic. Ride as far to the right as practicable. Practicable means safe and reasonable. Below is a list of a few situations when it is not practicable to ride far to the right:
- When overtaking and passing another vehicle traveling in the same direction;
- When preparing for a left turn at an intersection or driveway;
- When reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard width lanes.
One Way Streets: Bicycles on a one-way street with two or more lanes of traffic may ride as near the left or right-handed edge or curb of the roadway as practicable.
Use of Shoulders: Bicycles may ride on the shoulder of a highway unless prohibited by local authorities.
Riding 2-Abreast: Riding 2 abreast is permitted on any street as long as other traffic is not impeded. When riding 2 abreast on a 2 or more lane roadway, you both have to ride within a single lane.
Hand Signals: Bicyclists are required to use the same hand signals as motorists. Hand signals are required within 50 feet of your turn.
Passing: A motorist passing a bicyclist in the same lane is required to give the bicyclist at least 3 feet of clearance, and to maintain that clearance until safely past. A bicyclist passing a stopped or moving vehicle is also required to give at lest 3 feet of clearance when passing.
Use of Sidewalks: The Wisconsin Statutes allow local units of government to permit vehicles on sidewalks through local ordinances. When bicycles are allowed to be operated on sidewalks, bicyclists must yield to pedestrians and give an audible warning when passing pedestrians traveling in the same direction. At intersections and other sidewalk crossings, a bicyclist on the sidewalk has the same rights and duties as pedestrians.
Bicycling at Night: Bicycling at night requires at least a white front headlight and a red rear reflector. These are required no matter where you ride, street, path or sidewalk.
Duty to Report Accident: The operator involved in an accident resulting in injury to or death of any person shall immediately give notice of such accident to the police. Injury means injury to a person of a physical nature resulting in death or the need for first aid or attention by medical personnel, whether or not first aid or medical treatment was actually received.
Red Traffic Signal: A bicyclist facing a red signal at an intersection, after stopping as required, for not less than 45 seconds, can proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator believes the signal is vehicle actuated. The bicyclist shall yield the right-of-way to any vehicular traffic when proceeding through the green signal at the intersection.
If a bicycle rider is injured in a Wisconsin bicycle/car accident and he failed to abide by the Wisconsin Bicycle Rules of the Road, that does not mean he does not have a legitimate personal injury claim. An experienced trial lawyer will compare his actions to the actions of the motor vehicle operator. If the bicyclist is found to be 50% or less at fault, then he will be entitled to recovery. Oftentimes, a jury will determine that the motor vehicle operator was more at fault because of a general understanding that motorists should be more careful when operating near bicyclists.
If you have been in an accident, you should contact an experienced Wisconsin Bicycle Personal Injury Attorney.
