If you are injured in a bicycle accident in Wisconsin, Illinois or Iowa because of a negligent driver, you may have the right to pursue compensation for medical expenses, lost income, pain and suffering, property damage and other losses. Cyclists generally have many of the same rights and responsibilities as other road users, but bicycle accident claims can become complicated when determining fault and identifying available insurance coverage. Whether a crash involves a sideswipe, an intersection collision or a hit-and-run driver, documenting the accident, obtaining medical care and preserving evidence can play an important role in protecting your claim.
Understanding Cyclists’ Rights on the Road
Bicyclists share the road with vehicles every day, and drivers have a responsibility to operate their vehicles safely around them. While specific bicycle laws vary among Wisconsin, Illinois and Iowa, cyclists are generally expected to follow traffic signs and signals, ride with the flow of traffic and use appropriate lanes or roadway positions.
In Wisconsin, bicyclists are instructed to travel in the same direction as traffic and obey traffic laws. Wisconsin Department of Transportation guidance also recognizes that cyclists may need to move farther into a lane when the lane is too narrow to safely share with passing vehicles.
Illinois similarly recognizes bicyclists as roadway users with many of the same rights and responsibilities as motorists. Drivers must yield the right-of-way to bicyclists when required and must leave at least three feet of space when passing a cyclist. Illinois also prohibits motorists from crowding or threatening bicyclists.
In Iowa, bicyclists are generally permitted to use roadways other than interstates, controlled-access highways and roads with posted minimum speed limits, subject to certain local regulations. Cyclists must obey traffic signs, signals and lane markings and generally ride with the flow of traffic.
Because bicycles provide little physical protection during a collision, even a relatively low-speed impact can cause significant injuries. Drivers must remain alert for cyclists and use reasonable care when passing, turning, entering intersections or opening vehicle doors near bicycle traffic.
When Is a Driver Negligent in a Bicycle Accident?
Many bicycle accident claims are based on negligence. A driver may be considered negligent when they fail to use reasonable care and that failure causes a cyclist to be injured.
Examples of driver behavior that may contribute to a bicycle crash include:
- Driving while distracted
- Texting or using a phone behind the wheel
- Failing to yield the right-of-way
- Following a cyclist too closely
- Passing without leaving adequate space
- Speeding or driving too fast for conditions
- Running a red light or stop sign
- Turning across a cyclist’s path
- Driving while impaired
- Opening a vehicle door into the path of a cyclist
- Leaving the scene after striking a cyclist
Liability is not always immediately clear. A driver’s insurance company may argue that the cyclist contributed to the collision by failing to obey a traffic signal, riding against traffic or otherwise acting unsafely.
Fault can directly affect the amount of compensation available. For example, Illinois uses a modified comparative negligence system in which an injured person may recover when their share of fault is not more than 50%, although compensation is reduced according to their percentage of fault. Iowa similarly reduces damages based on the claimant’s percentage of fault and bars recovery when the claimant’s fault is greater than the combined fault attributed to the defendants and certain other parties.
Because fault disputes can significantly affect a bicycle accident claim, evidence from the crash can become especially important.
Common Types of Bicycle Accidents
Bicycle crashes can happen almost anywhere motorists and cyclists share space. However, several scenarios frequently raise questions about driver negligence and liability.
Sideswipe Accidents
A sideswipe may occur when a motorist attempts to pass a bicyclist without providing enough room. A vehicle does not have to strike a cyclist at high speed to cause a serious crash. Contact with a mirror, door or side of a vehicle may cause a rider to lose control and fall into the roadway.
In other situations, a cyclist may be forced off the road while attempting to avoid a vehicle that passes dangerously close. Evidence such as video footage, witness statements and the location of tire marks or debris may help establish how the crash occurred.
Intersection Accidents
Intersections can be particularly dangerous for cyclists because motorists may fail to see a bicycle before turning.
A driver making a right turn, for example, may pass a cyclist and then turn across the cyclist’s path. A driver making a left turn may enter an intersection without noticing an approaching bicycle. Drivers may also fail to yield at stop signs or traffic signals.
After an intersection crash, determining which party had the right-of-way and what each person was doing immediately before the collision may become central to the claim. Traffic cameras, nearby surveillance footage, witness accounts and physical evidence can help reconstruct the events leading to the accident.
Dooring Accidents
Cyclists riding alongside parked vehicles face another danger: a driver or passenger suddenly opening a vehicle door into their path. Illinois safety guidance specifically warns motorists to check for cyclists before opening a vehicle door.
Dooring crashes can cause a cyclist to strike the door directly, swerve into moving traffic or be thrown from the bicycle. Photographs of the scene, the vehicle's position and nearby bike lanes can be useful when investigating these claims.
Hit-and-Run Bicycle Accidents
Hit-and-run crashes can create additional challenges because the injured cyclist may not initially know the identity of the driver or whether insurance coverage is available.
After a hit-and-run bicycle accident, contact law enforcement as soon as possible. Try to remember identifying details about the vehicle, including its color, make, model, license plate or direction of travel. Witnesses, traffic cameras, residential security systems and business surveillance footage may also help identify the vehicle.
Even when police cannot immediately locate the driver, other sources of compensation may be available depending on the cyclist’s insurance policies and the circumstances of the crash.
Insurance Coverage After a Bicycle Accident
One common misconception is that an injured cyclist has no insurance claim because they were riding a bicycle instead of occupying a motor vehicle. Depending on the circumstances, several insurance policies may potentially apply.
If an insured driver causes a bicycle accident, the driver's bodily injury liability coverage may provide compensation for the cyclist’s injuries and related damages, subject to applicable policy limits and liability issues.
The cyclist's own automobile insurance may also become important, particularly when an at-fault driver is uninsured, underinsured or leaves the scene.
Wisconsin requires uninsured motorist coverage in applicable automobile policies, and the Wisconsin Office of the Commissioner of Insurance explains that this coverage can protect insured individuals injured by uninsured or hit-and-run motorists in certain circumstances.
Illinois also requires uninsured motorist bodily injury coverage, which can apply to injuries caused by an uninsured or hit-and-run driver. The Illinois Supreme Court has specifically addressed uninsured motorist coverage in a case involving a bicyclist struck by a hit-and-run vehicle, holding that the policy at issue could not limit statutorily required UM coverage based on the injured insured not occupying a covered automobile.
Iowa law likewise addresses uninsured, underinsured and hit-and-run motorist coverage, although an insured may reject certain coverage in writing. Iowa law also contains specific requirements involving physical contact for certain hit-and-run coverage.
Insurance policies, exclusions and coverage limits can vary significantly. An experienced personal injury attorney can review the available policies and determine which sources of coverage may apply to a particular bicycle accident.
Why Evidence Preservation Matters
Evidence can disappear quickly after a bicycle crash. Vehicles are repaired, surveillance footage may be overwritten, road conditions can change and witnesses may become difficult to locate.
If your condition allows, take photographs or videos of the crash scene. Document your bicycle, the vehicle involved, road markings, traffic signals, bike lanes, skid marks, debris, weather conditions and any visible injuries.
Keep the bicycle and damaged equipment whenever possible. A damaged helmet, bicycle frame, clothing, lights or other equipment may provide information about the force and direction of the impact. Avoid repairing or disposing of potentially important evidence before speaking with an attorney.
Obtain contact information from witnesses and request a copy of the police report when it becomes available. If nearby homes or businesses have security cameras, identifying those cameras quickly may help preserve footage before it is automatically deleted.
Medical documentation is equally important. Seek appropriate medical attention following the crash, even if you initially believe your injuries are minor. Some injuries may become more noticeable in the hours or days following an accident. Medical records can document your injuries, treatment and recovery while connecting those injuries to the crash.
You should also keep records of medical bills, prescription expenses, time missed from work and other accident-related costs.
What Compensation May Be Available After a Bicycle Accident?
Every bicycle accident claim is different, and the compensation available depends on the facts of the collision, the extent of the injuries, insurance coverage and applicable state law.
Depending on the circumstances, an injured cyclist may seek compensation for medical expenses, future medical treatment, lost wages, reduced earning capacity, pain and suffering, disability, scarring or disfigurement and damage to a bicycle or other personal property.
Serious bicycle accidents can result in traumatic brain injuries, spinal injuries, fractures, internal injuries, road rash and other conditions that require extensive treatment or affect a person long after the crash. Understanding the full extent of an injury before resolving a claim can be important because accepting a settlement generally ends the ability to seek additional compensation from that party for the same claim.
Hupy and Abraham Represents Injured Cyclists Across Wisconsin, Illinois and Iowa
Bicycle accident claims can involve complicated questions about right-of-way, comparative fault, insurance coverage and the actions of both the cyclist and driver. When an insurance company disputes responsibility or attempts to minimize the severity of an injury, having experienced legal representation can help protect your rights.
Hupy and Abraham, S.C. has decades of experience representing injured people throughout Wisconsin, Illinois and Iowa. Our attorneys understand the serious consequences bicycle crashes can have for riders and their families and are prepared to investigate accidents, preserve evidence, identify available insurance coverage and pursue the compensation our clients deserve.
If you or a loved one has been injured in a bicycle accident because of another person's negligence, contact Hupy and Abraham today at 800-800-5678 or visit Hupy.com for a free, no-obligation case evaluation. There is no fee unless we win your case.
Frequently Asked Questions About Bicycle Accident Claims
What should I do immediately after a bicycle accident?
Move to a safe location if possible, call 911, seek medical attention and document the scene. Collect the driver’s information and contact information from any witnesses.
Can I recover compensation if I was partially at fault for a bicycle accident?
Potentially. Wisconsin, Illinois and Iowa each have comparative fault rules that may allow you to recover compensation depending on your percentage of responsibility for the crash.
What if the driver who hit me does not have insurance?
You may still have options through applicable uninsured motorist coverage or other available insurance policies. An attorney can review the circumstances of the crash and determine what coverage may apply.
What happens if I am injured by a hit-and-run driver while riding my bicycle?
Report the crash to law enforcement immediately and provide any information you have about the vehicle or driver. Depending on your insurance coverage and state law, you may be able to pursue compensation even if the driver is not identified.
How long do I have to file a bicycle accident claim?
The deadline depends on the state, circumstances of the accident and parties involved. Because missing an applicable deadline can affect your ability to recover compensation, consider speaking with an attorney as soon as possible after a crash.
