Bicycle Accident Claims in Wisconsin
Bicycle rules in Wisconsin (passing distance, helmets, riding rules), how fault is shared after a bike crash, and the deadline to sue.
Short answer: A bicyclist on a roadway or shoulder has all the rights and duties of a vehicle operator, except provisions that apply only to motor vehicles or cannot apply to bicycles. Wis. Stat. §§ 346.02(4)(a), 346.075(1), 346.80(2), (3)
| Bicycle laws | A bicyclist on a roadway or shoulder has all the rights and duties of a vehicle operator, except provisions that apply only to motor vehicles or cannot apply to bicycles. A driver passing a bicycle must leave a safe distance of no less than 3 feet and keep that clearance until safely past. Bicyclists slower than traffic ride as close as practicable to the right edge (with exceptions such as left turns, hazards and lanes too narrow to share), and may ride 2 abreast if they do not impede traffic. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share. Source: Wis. Stat. § 895.045(1) |
| Minimum car insurance | Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage. |
| Deadline to sue for an injury | Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident. Source: Wis. Stat. § 893.54(1m)(a) |
More Wisconsin personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Wisconsin
- Wrongful Death Lawsuits in Wisconsin
- Medical Malpractice Rules in Wisconsin
- Car Accident Claims in Wisconsin
- Dog Bite Liability in Wisconsin
- Slip, Trip and Fall Injuries in Wisconsin
- Sidewalk and Public Property Falls in Wisconsin
- Motorcycle Accident Claims in Wisconsin
- Pedestrian Accident Claims in Wisconsin
- Uber and Lyft Accident Claims in Wisconsin
- Truck Accident Claims in Wisconsin
- Construction Site Injuries in Wisconsin
- All Wisconsin personal injury & wrongful death rules
FAQ
What are the bicycle laws in Wisconsin?
A bicyclist on a roadway or shoulder has all the rights and duties of a vehicle operator, except provisions that apply only to motor vehicles or cannot apply to bicycles. A driver passing a bicycle must leave a safe distance of no less than 3 feet and keep that clearance until safely past. Bicyclists slower than traffic ride as close as practicable to the right edge (with exceptions such as left turns, hazards and lanes too narrow to share), and may ride 2 abreast if they do not impede traffic.
Can you recover damages if you were partly at fault in Wisconsin?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share.
What is the minimum car insurance required in Wisconsin?
Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage.
What is the statute of limitations for personal injury in Wisconsin?
Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.