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In this article, PKSD discusses operating while intoxicated (OWI) in Wisconsin and how that applies to cyclists. We also discuss when a drunk cyclist could be liable for damages resulting from a car crash.
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Wisconsin OWI laws primarily apply to motor vehicles and they do not specifically mention bicycles. That said, there is some ambiguity regarding whether biking under the influence could have any legal consequences. Currently, the state’s OWI laws do not specifically address intoxication while cycling.
This means that technically, it is not illegal to cycle and drink. It is not, however, a good idea to do so. If a drunk cyclist causes a crash with a motor vehicle, the injuries are more likely to be severe or catastrophic. Despite being injured, a cyclist in this situation may also be at least partially liable for damages resulting from that crash.
If the cyclist was biking while under the influence, Wisconsin does not assess OWI charges. However, this law does not relieve cyclists of other types of negligence. Therefore, it could still have an impact on the degree of liability assessed against that individual.
Cycling carries a high-crash risk in the U.S. According to the National Safety Council, the number of preventable bicycle crash deaths has increased by 44 percent over the last 10 years. The National Highway Traffic Safety Administration (NHTSA) says statistics show male riders biking through urban areas between the hours of 6 p.m. and 9 p.m. to be the most vulnerable to being hit by a car.
Typically drivers in passenger cars, pickup trucks, SUVs and other motor vehicles are deemed the liable party in a crash involving a cyclist. Crashes involving motor vehicles and cyclists are often down to these types of common driver negligence:
Legally, negligent cyclists can be held at least partially liable for a crash they cause in Wisconsin. Vehicles provide drivers with greater protection if a collision occurs, so their injuries may be more minor. However, that fact does not relieve bicyclists of liability. Cyclists still owe a legal duty of care to prevent causing others harm.
Common types of negligence among bicyclists include:
If the cyclist is deemed liable for a crash involving a motor vehicle, there may be some insurance available to file a claim against. Some cyclists carry personal liability insurance, while others may be covered under a homeowner’s or renter’s insurance policy.
Whether you are a cyclist or a driver, Wisconsin follows a comparative negligence system. This means, you may still be eligible to recover your damages, even if you believe you are partly to blame for a crash.
That said, do not admit to any degree of fault. Let the crash investigators do their job. You should also consider hiring an attorney well-versed in motor vehicle vs cycling crashes as soon as possible. He or she will dispute any liability assessed against you that is unfair.
If you are the injured victim and assessed with some degree of fault, you can still recover damages as long as you are not 51 percent or more liable for the crash. However, your total awarded compensation will be reduced by the percentage of fault against you.
At PKSD, we have been helping victims of negligence for decades, recovering millions in compensation for our clients.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin, Illinois, Iowa and New Mexico.
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