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.

After an accident, one of the most pressing questions you may ask yourself if there is “Whose fault was it?” In a head-on collision, the fault question may seem fairly straightforward - but is it really? In this blog post, we discuss the basics of head-on collisions from a legal perspective.

Are head-on collisions different from other types of accidents?

Head-on collisions are particularly dangerous. They can result in severe injuries, even at low rates of speed. At the very least, the impact may result in whiplash from the driver or passengers being thrust forward suddenly. Injuries may range from broken facial bones to broken ribs and even traumatic brain injuries, internal bleeding, or even death when the impact results in occupants being ejected from the vehicle.

Which driver is responsible in a head-on collision?

Fault may seem obvious: the driver going the wrong direction is at fault, right? However, it is not always that easy. Many factors can impact liability in a head-on collision. This is why the police report and a proper investigation are so important. Sometimes, there are even third parties at fault like when a roadway is defective or a vehicle malfunctions.

The insurance carrier may try to attribute comparative fault on you, which may affect the damages you can recover. Natasha Misra Law will investigate your accident, uncover all potential sources of recovery, and help you maximize compensation for your injuries.

What are some common causes of a head-on collision?

Many head-on collisions occur on two-way roads without dividers or on rural roads. A driver may cause a head-on collision from simply drifting into oncoming traffic or a driver may intentionally drive in the wrong lane while trying to pass a slower vehicle.

What should you do after a head-on collision?

Anytime you are involved in an accident, it is advisable to contact emergency services, especially if someone appears to have been seriously injured. Additionally, it is important to contact the police to secure an accident report. This documentation will be vital for related insurance claims or litigation.

Your lawyer will likely ask you if you exchanged information with the other driver and anyone else involved in the accident. As such, it is wise to take note of the make and model of the cars involved, tag numbers, and driver’s license numbers. If there are witnesses, take down their information, too.

Though the reporting officer or insurance adjuster may take pictures as part of an accident report or investigation, you should take pictures of vehicle damage and the accident scene to document anything pertinent to establishing the cause and liability for the accident.

What damages can you recover after a head on collision?

You may be entitled to recover medical expenses, lost wages or income, and compensation for pain and suffering. Sometimes, you can even recover punitive damages which are awarded by the court to punish the responsible party for causing the accident.

Under Wisconsin law, you have a limited time from the date of the accident to file a lawsuit before the claim is barred under the statute of limitations. As such, if you have been injured in an accident, contact an experienced car accident attorney as soon as possible.

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.