Bicycle Injury Lawyer, Criminal Defense Lawyer

Milwaukee

230 West Wells Street - Suite 706

Milwaukee, Wisconsin 53203


 

Tel - 414.207.4426

Madison

5976B Executive Drive

Fitchburg, WI 53719


 

Tel - 608.320.6710

 

Wisconsin 3 Foot Passing Law for Bicycles

Wisconsin has a law in place that requires motorists to give at least three feet to a bicyclist when passing.  Wis. Stat. §346.075 requires that: the operator of a motor vehicle overtaking a bicycle or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle or electric personal assistive mobility device. 

Note that the law requires a minimum of three feet when passing meaning this is the absolute smallest amount of space any driver should give to a bicyclist when passing him or her.  
 
The penalty for drivers who pass a bicyclist without giving the MANDATORY three feet is a minimum fine of $25.00 and maximum fine of $200 for the first offense.  Second offense is a minimum fine of $50 and Maximum $500 if the two offenses occur within four years of each other.  
 
Note also that a bicyclist in Wisconsin also has a duty to pass with due care and needs to give three feet when passing a school bus not displaying a stop sign.  Wis. Stat. §346.80 (2)(c) requires: Any person operating a bicycle or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction and, when passing a standing or parked vehicle that is a school bus that is not displaying flashing red warning lights as provided in s. 346.48 (1) or a motor bus, shall allow a minimum of 3 feet between the bicycle or electric personal assistive mobility device and the vehicle. 
 
Click here to read the story of an actual client injured by a driver who admitted not giving three feet before passing. Case was won at trial.  
 
Click here to read about an actual past client ticketed for getting hit by a car.  Case was won at trial.