Natasha Misra law is experienced representing injured cyclists. Because cyclists are largely unprotected when up against a motor vehicle, we understand that accidents can cause traumatic and lasting injuries. We work with accident victims to help them recover the compensation they need to recover financially.

What Happens When The Accident Is Caused By A Cyclist?

Under Wisconsin law, a cyclist’s own negligence does not bar recovery if his negligence was not “greater than the negligence of the person against whom recovery is sought.” Rather, the cyclist’s damages would be reduced in proportion to the extent to which he was negligent. 

In other words, if a cyclist was only 40% at fault, then he will still be able to recover up to 60% of his available damages. However, if he was deemed 60% at fault, he would be barred from recovery.

What Are Common Causes of Bicycle Accidents?

All forms of negligent or reckless driving can cause collisions with bicyclists. However, other causes include:

  • Low visibility: Bikes are small and may be hard to see, particularly at dusk or on narrow, winding roads. 
  • Distracted driving: Drivers may be distracted by phones, music, other passengers, and more. This can lead them to drive recklessly, take their eyes off the road, and strike an unsuspecting cyclist.
  • Road or weather conditions: Sometimes, accidents are unavoidable tragedies. A car may slip on ice, hydroplane, experience a tire blowout, or otherwise swerve into a cyclist. Similarly, poor road conditions like potholes can send a vehicle off course. 
  • Failure to yield: If a driver fails to yield to a biker as they are legally required, they can strike and seriously injure - or even kill - a cyclist.

How to Prevent Bike Accidents

Defensive driving is the most effective way to avoid a collision with a biker. Maintain the speed limit, pay attention to the road, eliminate distractions, obey all posted signage, yield, obey traffic signals, and let others have the right of way. Above all, always keep a lookout: even if you are doing everything you can and should to stay safe, other drivers - or even cyclists - may not be. Who was doing the “right thing” simply won’t matter if you end up in a lethal collision, so put your pride aside and drive safely, even if someone else is acting reckless.

What To Do After A Bike Accident

You should immediately reach out to a personal injury lawyer for guidance on the right steps to take. However, in general, you should also:

  • Call the police: A law enforcement officer will investigate the cause of your crash and record the facts in an official accident report. Your attorney will use this report to prove your case down the road should you decide to file a claim.
  • Exchange information with involved parties: Gather contact information from the motorist who hit you, as well as any eyewitnesses. Be sure to take down their names, phone numbers, addresses, and drivers’ license and insurance information. 
  • Snap photos: If possible, take photos of the accident scene, including the vehicles involved.
  • Seek medical treatment: It is vital to seek medical treatment as soon as possible. Some injuries may not present for days or even weeks after the accident, so take time to ensure you’ve identified any serious latent injuries.

If you are injured in an auto accident in Wisconsin through no fault of your own, you are entitled to receive compensation for your damages from the at fault driver.  

Although Wisconsin drivers are required to maintain automobile insurance, not all Wisconsin drivers actually carry insurance. What happens if you are injured by a driver who does not have auto insurance and no personal assets to pay for your damages? How will you pay for your medical bills and associated expenses?

Fortunately, a Milwaukee car accident lawyer can help you receive compensation for your injuries caused by an uninsured driver or a hit-and-run driver through the uninsured motorist coverage of your own automobile insurance.  

What Is Uninsured Motorist Coverage?

In Wisconsin, your automobile insurance includes uninsured motorist (UM) coverage. The uninsured motorist portion of your insurance policy applies if you, your family or other occupants in your vehicle are injured by another driver who does not have insurance or are injured by a hit-and-run driver.  Uninsured motorist coverage also applies if you or your family are injured as a pedestrian when struck by an uninsured driver or a hit-and-run driver. Under these various circumstances, you may be entitled to claim the same types of damages as you would if you filed a claim against the at fault driver, such as medical bills, pain and suffering and lost wages.

What Can I Recover In An Auto Accident With An Uninsured Driver?

If you were injured by a driver without insurance, you may be able to seek compensation from your own insurance company through your uninsured motorist coverage.  You may be entitled to damages for medical bills, lost wages, and pain and suffering. 

Uninsured motorist cases are handled with your insurance company similar to cases where the at fault driver has insurance.   Auto insurance companies seek to limit what they pay in car accidents, even for their own injured customers. They may try to diminish the value of your case or fail to be forthcoming about your uninsured motorist benefits.

What Can I Recover In An Auto Accident With A Hit-and- Run Driver?

Sometimes the at fault driver may refuse to stop and flees the scene of the accident. If you were involved in a hit-and-run accident, it is important that you contact law enforcement right away.  

If you were injured by a hit-and-run driver, you may be able to seek compensation from your own insurance company through your uninsured motorist coverage.  You may be entitled to damages for medical bills, lost wages, and pain and suffering. 

What Should I Do If I Was Injured By An Uninsured Driver or Hit-and-Run Driver?  

You should discuss your options with an experienced Milwaukee car accident lawyer.  Natasha Misra Law has experience helping Wisconsin accident victims seek the compensation they deserve for their injuries. If you have been injured by an uninsured driver or hit-and-run driver, you should not have to bear the economic burden.  Together, we will look at the facts of your case and uncover all potential sources of recovery.  


Call our office today at (414) 210-3834 for a free consultation.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.