Who is Held Responsible for a Bicycle Accident in Wisconsin?

Summertime in Wisconsin is perfect for enjoying time on the water. Whether you are setting sail on a family-friendly pontoon, fishing boat, or old canoe, a day on the lake just can’t be beaten.

However, there are safety risks involved with boating. Speeding, negligence, drinking, and inexperience are all common causes of boating accidents in Wisconsin. In this post, we want to share a few tips to help you stay safe on the water this summer.

How to Stay Safe While Boating in Wisconsin

Wearing a life jacket - According to the U.S. Coast Guard, 80% of boating accident deaths could be avoided by wearing life jackets. When a boating accident occurs, you have limited time to stretch and get your stowed life jackets. Therefore, it is advisable to ensure that you and everyone on board has a life jacket while boating.
Avoid drinking alcohol - Alcohol consumption while boating is illegal and endangers the lives of everyone on board. Remember that intoxicated swimmers and passengers are also more likely to drown.
Be weather-wise - Whether you are operating a boat during the summer, spring or fall season, always consider carrying a radio and watching out for the weather. Sometimes, wind shifts and choppy water can be telltale signs of a brewing storm. Get to shore as soon as you realize the weather is about to change.
Don’t overload the boat - It’s essential to follow your boat’s load limit restrictions. Overloading your boat can make it unstable and surge the risk of swamping or capsizing.
Ensure all operators are trained - Human error is a leading cause of boating accidents. Therefore, it is essential to ensure that all operators can effectively navigate and operate the boat. You can do this by ensuring boating operators take a boating safety course that includes reading the weather, boat handling, and navigation.
Maintain a safe speed - Like on the road, you can face penalties or fines for overspeeding on the water. Since there are no lanes on water and different water vessels zig-zag everywhere, it can be challenging for speeding boats to avoid collisions. Therefore, it is essential to ensure you excess caution and obey the speed limits.

What Should You Do After a Boating Accident?

After a boating accident, you should ensure that everyone on board is safe. If there are injuries, loss of life, property damage in excess of $2,000 or the total loss of a boat, you are required to report the incident to law enforcement without delay.

As with other accidents, it is essential to gather evidence immediately. You need to collect police reports, witness testimonies, videos, and photos of the scene. A Milwaukee boating accident attorney will help you gather the evidence you need to establish a strong case against the party at fault.

Contact a Milwaukee Boating Accident Attorney

At Natasha Misra Law, we are ready to help you get the compensation you need to move forward after a boat accident. Contact us today to schedule a consultation and learn more about how we can assist in strengthening your case.

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.

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.