Pedestrian & Bicycle Accident in Milwaukee: Your Rights and Next Steps

Your first priority after being hit by a car is getting help. Call 911 immediately, even if you think your injuries are minor. Pedestrian and bicycle accidents cause injuries that are routinely underestimated at the scene — concussions, internal bleeding, spinal injuries, and fractures may not produce noticeable symptoms for hours. Adrenaline masks pain. The 911 call creates a timestamped record that protects your claim later.

Do not move if you think you may have a spinal injury. If you can move safely, get out of the road to avoid a secondary collision. Stay at the scene until police arrive and take your statement. Under Wisconsin law (Wis. Stat. § 346.67), the driver is required to stop, provide information, and render reasonable assistance. If the driver fled, note whatever details you can — vehicle make, model, color, direction of travel, and any part of the license plate.

Ask responding officers to create a crash report. Milwaukee Police will typically respond to pedestrian and bicycle crashes involving injuries. Get the report number before officers leave. For non-emergency reporting, call Milwaukee Police at (414) 933-4444.

Evidence disappears fast. If you are physically able, start documenting immediately. Use your phone to photograph your injuries, damage to your bicycle or personal belongings, the vehicle that hit you (including license plates), skid marks, debris, traffic signals, crosswalk markings, and the surrounding road layout. Take wide-angle shots and close-ups.

Look for surveillance cameras on nearby businesses, ATMs, traffic signal poles, and apartment buildings. Milwaukee has invested in traffic cameras at many intersections, and the city also uses Flock Safety ALPR cameras across the city. Note every camera you see. Your attorney or the police can request footage before it gets overwritten, which usually happens within 7 to 30 days.

Get contact information from witnesses. Pedestrian and bicycle crashes often have bystanders who saw what happened. Their statements about the driver's speed, whether the driver ran a red light, and whether you were in a crosswalk can make or break your claim. Ask witnesses if they captured any video on their phones.

Pedestrian and bicycle crashes cause disproportionately severe injuries because the human body has no protection against a multi-ton vehicle. Common injuries include traumatic brain injuries (even with a helmet), broken bones, road rash, spinal cord injuries, internal organ damage, and knee and hip injuries. Many of these injuries are not immediately apparent.

Go to an emergency room or urgent care within 24 hours of the accident — even if you walked away from the scene. Major trauma centers in Milwaukee include Froedtert Hospital (Level I trauma center affiliated with the Medical College of Wisconsin), Ascension Columbia St. Mary's, and Aurora Sinai Medical Center. If EMS transported you from the scene, the hospital choice may have been made for you. Either way, the ER visit creates a medical record linking your injuries directly to the accident.

Follow up with your primary care physician and follow every prescribed treatment plan. If a doctor refers you to a specialist, go. If they prescribe physical therapy, attend every session. Insurance adjusters look for gaps in treatment as evidence that your injuries are not serious. Consistent medical care is both good for your recovery and essential to your claim.

Wisconsin law gives pedestrians the right of way in several situations. Under Wis. Stat. § 346.24, drivers must yield to pedestrians within marked or unmarked crosswalks at uncontrolled intersections. At controlled intersections (Wis. Stat. § 346.23), drivers must yield to pedestrians who have started crossing on a green signal or pedestrian signal. When a vehicle is stopped at a crosswalk to let a pedestrian cross, other vehicles approaching from behind may not overtake and pass the stopped vehicle.

Pedestrians also have duties. Under Wis. Stat. § 346.25, pedestrians crossing outside of a crosswalk must yield the right of way to vehicles. Pedestrians must obey pedestrian traffic signals where they exist. However, even if a pedestrian crosses outside a crosswalk or against a signal, the driver still has a duty of due care — and the pedestrian may still recover damages under Wisconsin's comparative negligence system if the driver's negligence contributed to the crash.

Cyclists are treated as vehicle operators under Wisconsin law (Wis. Stat. § 346.80). They have the right to use the road, must follow the same traffic laws as cars, and are entitled to a safe passing distance. Under Wis. Stat. § 346.075, drivers must maintain at least 3 feet of clearance when passing a bicycle, and more room at higher speeds. Drivers may even cross a double yellow center line to pass a cyclist safely. Milwaukee has been expanding its protected bike lane network — including lanes on W. Lapham Boulevard, W. Oklahoma Avenue, S. Sixth Street, and N. Hopkins Street — and drivers who cross into marked bike lanes can be cited for traffic violations.

Wisconsin uses a modified comparative negligence system (Wis. Stat. § 895.045). If you were partially at fault — for example, crossing outside a crosswalk, ignoring a pedestrian signal, or cycling the wrong way — your compensation is reduced by your percentage of fault. If you are found more than 50% at fault, you recover nothing.

Insurance companies routinely argue that pedestrians and cyclists contributed to their own injuries by jaywalking, not wearing reflective clothing, or not wearing a helmet. Wisconsin has no helmet law for cyclists of any age, and state law (Wis. Stat. § 895.049) explicitly provides that failure to wear a helmet cannot be used to reduce your recovery in a civil action. This is a strong protection — defense attorneys cannot argue your head injuries were worse because you were not wearing a helmet. The key is building a strong evidence file — police reports, witness statements, camera footage — that shows the driver's negligence.

In practice, drivers bear the greater responsibility in most pedestrian and bicycle crashes because they are operating a dangerous machine and have a heightened duty of care. A pedestrian hit by a car at 30 mph has roughly a 40% chance of dying, while the driver walks away uninjured. Courts and juries understand this disparity.

Wisconsin is an at-fault state for auto insurance. The driver who caused the crash is responsible for your medical bills, lost wages, pain and suffering, and other damages through their liability insurance. Wisconsin's minimum liability coverage is $25,000 per person and $50,000 per accident for bodily injury (Wis. Stat. § 344.33). Many drivers carry only the minimum, which may not cover serious pedestrian or bicycle injuries where medical bills alone can reach six figures.

If the driver is uninsured or underinsured, your own auto insurance policy's uninsured/underinsured motorist (UM/UIM) coverage may apply — even if you were on foot or on a bicycle at the time. Wisconsin requires all auto policies to include UM bodily injury coverage at minimums of $25,000/$50,000. About 15% of Wisconsin drivers are uninsured. If you do not have auto insurance, you may be able to claim under a household member's UM policy. Check your policy or ask an attorney.

If the crash was caused by a dangerous road condition — a missing crosswalk signal, a pothole, an obstructed sight line, or a road design that fails to account for pedestrians — the government entity responsible for maintaining the road may also be liable. Government claims in Wisconsin require a notice of claim within 120 days of the event under Wis. Stat. § 893.80. This deadline is much shorter than the general 3-year statute of limitations, so act fast if a road defect contributed to your accident.

Wisconsin's statute of limitations for personal injury claims is 3 years from the date of injury (Wis. Stat. § 893.54). Miss this deadline and you lose the right to file a lawsuit, no matter how strong your case. Wrongful death claims have a shorter deadline of 2 years from the date of death. If a government vehicle or road condition was involved, you must file a notice of claim within 120 days (Wis. Stat. § 893.80) — far shorter than the general statute of limitations.

Do not wait until the deadline approaches. Evidence degrades fast — surveillance footage is overwritten, witnesses move away, road conditions change. The strongest pedestrian and bicycle claims are built starting on day one. File your police report, get medical treatment, photograph everything, and talk to an attorney as soon as possible.

Want to understand your options after being hit by a car while walking or cycling in Milwaukee? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim value — including how comparative negligence, insurance coverage, and the severity of your injuries affect your recovery — and connect you with a Milwaukee personal injury attorney experienced in pedestrian and bicycle cases.

Being hit by a car while walking or riding a bike is one of the most traumatic experiences a person can have. You were doing something completely normal — commuting, exercising, crossing the street — and someone else's negligence changed your life. Wisconsin law protects your right to compensation. Start with the Injury Claim Check. It is free, confidential, and takes less time than waiting on hold with your insurance company.