What specific types of bike accident cases have you handled?
Person driving car turning left into or in front of person riding bicycle straight (many cases);
Person driving car turns right into person riding bicycle (many cases);
Person riding bicycle strikes back or side of motor vehicle (many cases);
Person driving car drives into person riding bike from behind (many cases and often on highways);
Person riding bicycle crashing due to pedestrian dart out;
Pedestrians hit by person driving car (several cases);
Person in car struck by semi truck
Person driving car struck by person driving car
Person riding bicycle crashed due to person driving car cutting off;
Person driving car fails to see person riding bicycle and cuts off (many cases);
Multiple cases involving car vs. bike crash at night, some involving lights some not;
Multiple cases involving person riding bicycle struck by hit and run driver (some cases driver found, others not);
Multiple cases of person riding bicycle struck by door (dooring cases);
Cases involving person riding bicycle sustaining serious injuries including broken bones, permanent scarring, permanent brain injury, concussions, coma, surgeries, death
Multiple cases involving head injuries where persons riding bicycle had and did not have helmet on;
Cases involving bicycling on sidewalk;
Cases involving City bike path;
Cases involving DNR bike trail;
Can you get a DUI on a bike in Wisconsin? If there is no motor the DUI laws should not apply since they refer to motor vehicles. The same is true for refusing a breath test. Unless there is a motor on the bicycle a person is free to refuse to provide a sample of their breath. However, keep in mind you could violate other laws including criminal laws for injuring someone if you operate a non motorized bicycle under the influence and cause injury.
What to Do After a Bike Crash
Look for and preserve any evidence that may go away (video from traffic cams, buildings etc.), take pictures of the scene.
Do not talk to anyone about the crash except police and a lawyer.
Do not repair or replace your bike, just get an estimate.
Write down exactly what the other person involved said to you at the scene (I didn’t see you, it was my fault, ….).
Do whatever your medical professionals tell you.
Contact several lawyers if you don’t want to handle the case yourself. See what they have to say and who seems knowledgeable, trustworthy and caring.
Take photos of your injuries before they go away.
Make sure medical providers bill your health insurance and some other insurance.
Make sure you are 100% sure you are healed before agreeing to any settlement.
Preserve any garmin, Strava, or other documentation related to speed etc.
Be aware that things you post on social media will be viewed and used against you.
Be aware that things you tell your doctor will not be privileged if you ask for money from the insurance company. They will not pay you unless you give them copies of your medical records. This means the things you say to your doctors will be viewed by insurance adjusters, insurance lawyers, judges, and others.
Who Pays for Medical Bills When There is a Car Accident?
Medical bills are one of the most common damages in an injury case. Some attorneys and insurance companies use the amount of medical bills as a baseline for what they feel the entire case should settle for. If someone does something unreasonable (like drives through a red light for no reason) and injures you, they should pay for your medical bills. However, who actually pays, how much they pay, and whether or not that entity eventually gets paid back depends on each case.
Potential ways to cover your medical bills when injured by someone.
1. Your Health Insurance: If you have health insurance and have to get an ambulance ride, helicopter ride, hospital visit, doctor visit, PT etc. your health insurance will pay for the bills. However, each person's heath insurance contract includes something called subrogatoin where you agree to pay back your health insurance company if you get money from the person who hurt you.
2. The Other Person's Car Insurance: If you are injured by another driver and the driver has insurance, the driver's insurance company should pay for your medical bills. The amount the insurance company pays depends on the limit. For example, if the person who hit you has $50,000 liability limit, they will only cover the first $50,000 of your bills. If you have more than $50,000 in bills you will have to look elsewhere for payment.
3. Your Medical Payments Insurance: If you have car insurance you have medical payments coverage. You can use your own car insurance to pay medical bills. This includes out of pocket. For example, if you have health insurance but you have a 20% co-pay or $100 deductable, you can have your health insurance pay the bill and your car insurance med pay cover the deuductable/co-pay. Your car insurance company will want its money back from any money you get from the at fault part at the end of your case just as your health insurance company wants its money back.
4. Uninsured/Underinsured Motorist: if you have car insurance and your medical bills are more than the policy limit of insurance of the person who injured you, you can use your own insurance to cover the difference.
Note that the above are very brief examples. These issues get quite complicated and there are untold numbers of legal cases interpreting laws that govern who pays, when, how much etc. If injured by someone it is a good idea to call several lawyers and get their opinions. Injury lawyers will talk with you for free and usually charge a contingent fee meaning you don't pay them until they get you money. Personal injury lawyers are not only familar with cases like yours and the related issues, they know how to negotiate with subrogated insurers to get you more money in your pocket and are familiar with the ever changnig laws that can save you hundreds of thousands of dollars for example if you have not been "made whole" and your health insurance company wants its money back.
Do I have a Case if I was Injured but the Police Said I was at Fault?
Most people think that if a police officer says you are at fault that it means you were at fault. In the legal world, the police officer's opinion is not as important as it seems. Something to keep in mind is that in the majority of car accidents, the police officer does not witness anything, they arrive after the crash. Therefore, a witness's statements of what he or she saw, heard, etc. is much more important than a police officer who shows up after the fact. Furthermore, police officers are not always aware of the laws and how they are interpreted in specific situations. It is common for officers to consult with a SGT. or other officer before even deciding whether to issue a ticket because they are not sure of who was at fault if anyone.
What if you got a ticket? This generally does not matter either. If a person pleads no contest to a ticket evidence of the ticket will not be admitted at a civil trial.
If there is a trial in your case the police officer will likely be called as a witness. Whether or not the officer can testify about his or her opinion depends on whether or not the officer is properly qualified to give the opinion. This is a complex legal issue decided by a judge after reviewing legal briefs and hearing testimony by the officer outside the presence of the jury.
Although people tend to believe the police in general, a skilled trial lawyer can point out to the jury that the officer was not present, did not witness anything, and why his or her opinion is wrong.
In a past case handled by attorney Clayton Griessmeyer, a bicyclist was injured by a driver and cited by the police. The driver was not cited. The case went to trial and the jury found the driver 80% at fault even though an officer testified he thought it was the bicyclist's fault.
Attorney Fees
Civil attorneys often charge a contingent fee. In Wisconsin, there is a requirement of a written fee agreement between lawyer and client. In a typical contingent fee agreement, the lawyer does not bill the client per hour like in other types of cases. Instead, the lawyer works on the case for as long as it takes to get to an amount the client feels is fair, whether that be settlement with insurance company without lawsuit, settlement after lawsuit, verdict, settlement after verdict, appeal……When the client decides to settle the case or a judgment is obtained in court, the lawyer gets a percentage of the money. Things to consider in reviewing a fee agreement, who pays for costs, do the costs have to be paid back in addition to the fee, what is the percentage fee, can the lawyer provide similar cases/results and explain the gross amount, fee, costs etc? Another important consideration is that most clients have to pay back their health insurance company for bills the health insurance company paid before the settlement or judgment was obtained. Sometimes lawyers can get the health insurance company to agree to less or no payback at all getting the client more money in their pocket.