Cyclists are legally entitled to use Wisconsin's roadways.  Unfortunately accidents occur, often the result of someone else's negligence or carelessness.  If you are injured or sustain property damage, you may have the right to present a claim for your damages.  The following information is provided to help you receive a fair recovery:

• If you are in an accident, obtain the names, addresses and telephone numbers of all witnesses;

• If possible, call the police to the scene so that an investigation is conducted and evidence is preserved;

• If you sustain any injuries, seek immediate medical attention;

• Do not speak to insurance company adjusters or investigators.  The insurance company’s immediate objective is to minimize or eliminate your recovery.

• Never give a recorded statement;

• Do not sign any medical authorizations or releases of claims;

• As soon as possible, obtain a free consultation with attorney Daniel E. Goldberg to discuss your accident. In the days immediately following an accident, many important decisions will be made regarding health and  liability insurance claims processing which can significantly impact the value of your claim.

Injury claims

Injury claims have many elements of damages including:

• Medical expense;

• Wage loss.  Under Wisconsin law, loss of earning capacity is recoverable even if your employer continues to pay your wages while you are recovering from your injuries;

• Property damages, including the repair or replacement of your bicycle and its components and accessories. Property damage also includes damaged clothing, helmets, and equipment;

• Pain and suffering, and other non-economic damages.

Insurance Coverage

The insurer of a driver causing an accident is responsible for paying the damages sustained by a cyclist.  However many people are surprised to learn that if the driver is uninsured, the cyclist's own automobile insurance policy may provide uninsured motorist coverage, even when their automobile is not involved in the accident.  Additional coverage may be available using the underinsured motorist portion of a policy.

Often people don’t realize they have multiple forms of health insurance available.  This could include a person’s regular group or private health insurance as well as the medical payment portion of their automobile policy and/or event liability coverage.  Choosing the appropriate insurance to use after an accident can have a significant impact on an injured person’s total recovery.  For that reason, it is important to seek legal advice as soon as possible after an accident occurs.


Property Damage

Many property damage claims are also covered by insurance.  Even if your bicycle is damaged in an accident in which you are at fault or no one is at fault, or if your bicycle is damaged in transit or a race crash, the repairs or replacement may be covered under your homeowners or renters insurance policy.  Many policies contain "full replacement value" coverage in which even a used bicycle can be replaced with a far more expensive new one.  Bicycles can also be listed in the schedule of coverage of your insurance policy.


Frequently Asked Questions:

Q:  How soon should I call an attorney if I am in an accident? 
 
A: Call immediately.  You should never talk to an insurance adjuster or investigator until after consulting an attorney.  Careful planning and claim analysis in the early stages of a case play an important role in working to get you a fair recovery.
 
Q: Does calling an attorney require me to hire him?
 
A: Absolutely not.  All free consultations with attorney Daniel E. Goldberg are on a no obligation basis.  Therefore, you should always seek a legal evaluation of your rights
 
Q: How much are legal fees and when are they paid? 
 
A: There is never a charge for a consultation with attorney Goldberg.  If he agrees to represent you,he will do so on a contingent fee basis.  This means that your fees will be a predetermined percentage of your recovery.  The fee arrangement will be clearly set out in a written fee agreement signed by you and attorney Goldberg.  If there is no recovery for any reason, no fees are owed.  Fees are not paid until the claim is resolved.  All fees are disclosed to and approved by the client before they are paid. There are no upfront or hidden charges. 
 
Q: If I hire attorney Goldberg, will I pay extra for phone calls, letters, consultations, office meetings or other activity on my case?
 
A: No.  All legal services and fees are included in the contingent fee arrangement.  There are no extra charges for any contact with Mr. Goldberg or assistance he provides.  Clients are encouraged to call whenever they have any questions on their case or have any concerns.  Mr. Goldberg will deal directly with the insurance companies.  He handles all paperwork, claim forms, and anything else necessary to successfully resolve your claim. 
 
Q: Are lawsuits required? 
 
A: No.  Proper planning and effective presentation of your claim are important factors in the successful resolution of a personal injury claim.  The vast majority of cases are settled without a lawsuit being filed.  In all cases, the determination of whether to start a lawsuit is made by the client after being fully advised by attorney Goldberg.  A lawsuit is never started without the written permission of the client. 
 
Q: What happens to the other person if I make a claim against him or her?
 
A: Wisconsin has a direct action statute.  This allows attorneys to bring claims against insurance  companies directly, not the person who causes the accident.  Liability insurance policies not only provide coverage for the payments made to the injured party, but also the costs of defense.  Normally, an insured person against whom a claim is made has no out of pocket expense.
 
Q: Who will handle my case?
 
A: Attorney Daniel E. Goldberg personally handles all cases he accepts.  Your case will not be assigned to an associate or handled by a paralegal. 
 
Q: Should I call for an evaluation if I want to handle my claim myself?
 
A: Yes.  Depending on the nature of your injuries and damages, you may be unaware of the full extent of your legal rights, or the nature of your claim.  You are encouraged to seek a free, no obligation evaluation of your claim to make certain you are not overlooking important aspects of your case.
 
Q: Can I recover if the other driver had no insurance? 
 
A: Yes.  If you have automobile insurance coverage, or are covered under someone else’s policy, you may be be able to recover medical expense, wage loss and pain and suffering even if the other driver had no insurance, and even if your health insurer fully covers your medical bills. 
 
Q: Does my automobile insurance cover accidents when I am on my bike?
 
A: Most automobile policies cover you if you are injured while on a bicycle or as a pedestrian. 
 
Q: How do I know if it is worth it to pursue my bicycle accident claim? 
 
A: Take advantage of a free legal consultation with attorney Goldberg to consider your options and the viability of your potential claim.