Who is Held Responsible for a Bicycle Accident in Wisconsin?

If you’ve been in a car accident in Milwaukee, Appleton, Waukesha, or Oshkosh, you might be wondering: Should I contact an attorney now or wait until the accident report is ready? It’s tempting to hold off, especially when reports often take 7-14 days—or even longer—to finalize.

But here’s the truth: waiting can hurt your case. The car accident attorneys at Natasha Misra Law are here to let you know more about what you should do while the report is being created, and how legal support can make all the difference.

How the Accident Report Fits Into Your Case

The accident report is a key document, and it’s important to know what it includes—and doesn’t include:

The Basics: Details about the location, time, and parties involved in the crash.
The Officer’s Observations: The responding officer may note the conditions at the scene, statements from drivers and witnesses, and potential causes of the accident.
Liability Notes: The report may include the officer’s opinion on who was at fault—but it’s not the final say.

However, accident reports aren’t always perfect. Errors or missing details can occur, and if you don’t have an experienced attorney reviewing the report, these inaccuracies can hurt your claim. At Natasha Misra Law, we review accident reports carefully, flag any errors, and work to correct them quickly.

The Accident Report Is Just One Piece of the Puzzle

While the accident report is an important investigative tool, it’s far from the only evidence your case relies on. Waiting for it means losing valuable time to collect:

Witness Statements: People’s memories fade fast, and key details could be lost.
Scene Evidence: Skid marks, debris, or vehicle damage may disappear within days.
Footage or Photos: Surveillance videos or dashcam recordings can be overwritten or erased.

We’ll handle the accident report for you, and we’ll get to work preserving evidence and building the strongest possible case.

What to Do If the Insurance Company Contacts You Before You Have the Report

Insurance companies don’t wait for accident reports—they move fast to protect their interests. If an adjuster calls you soon after the accident, they may:

Pressure you into giving a recorded statement that could be used against you.
Offer a lowball settlement before you know the full extent of your injuries.
Ask you to sign paperwork that could waive your right to future compensation.

Here’s what you should do:

Avoid Making Statements: Keep your conversation brief and do not provide a recorded statement until consulting an attorney.
Don’t Sign Anything: Wait until you’ve spoken with an attorney who understands your rights.
Call Us Right Away: Natasha Misra Law will handle all communications with the insurance company so you don’t have to.

Act Now With Natasha Misra Law to Protect Your Rights and Your Claim

Accident reports are important, but they take time—and time isn’t on your side when it comes to building a strong case. By reaching out to us right away, you’re giving yourself the best chance to secure the compensation you deserve.

We focus on getting you back on your feet—physically, emotionally, and financially. From the moment you call, we’ll take the burden off your shoulders so you can focus on healing while we handle the rest. Don’t let delays cost you your claim. Contact Natasha Misra Law today and let us fight for you—because you deserve more than just another suit.

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.