|
What types of evidence might a
Wisconsin bicyclist expect to be presented at his or her trial
after being injured in a bicycle accident? In an unpublished 1991 opinion in Wisconsin, a bicylist was riding his bike down East Johnson Street in Madison, Wisconsin. The street was one way. A driver up ahead was stopped with his left directional on and when the light turned, the driver made his left turn and the bicylist struck the driver's side door of his vehicle. At trial, the police records custodian was called and testified that the investigating police officer concluded in his accident report that innattentive driving by the biker was a factor in the accident. The court concluded that although the testimony should not have been admitted, it was a harmless error. The court also found it permissible for a witness in his car to testify that the biker was traveling between 30 and 35 mph even though the witness never saw the accident. The court also allowed the defense attorney to read a written statment made by the witness where the witness recorded his thoughts that the bicyclist was at fault. Lastly, the court allowed the officer to testify to what the witness told him at the scene. This case should alert bicylists who are injured to the importance of witnesses, statements made at a scene, and riding in a safe manner. In this case, the jury found the bicyclist 90% at fault. |
Home
| About |
Bicycle Law |
Criminal Law |
DUI/OWI Law |
Head Injuries |
Legal Articles |
Testimonials |
Contact
Information is for
Informational Purposes Only. The material on this website is for informational
purposes only and should not be considered legal advice. Accordingly, you should
not rely on, or
act on any information on this website, without consulting with
a competent attorney who is licensed to practice law in your state or
jurisdiction. Any results set forth here were dependent on
the facts of that
particular case and the results will differ from case to case.
No Attorney-Client Relationship. No information on this website will establish
an attorney-client relationship, and no reply by electronic mail that is sent to
any one at The Law Office of Clayton Griessmeyer shall establish an
attorney-client relationship.
Copyright 2008- ● Law Office of Clayton
Griessmeyer ● All Rights Reserved ●
GraphiX Web Design