The National Highway Traffic Safety Administration (NHTSA) reports that bicyclists account for around 2% of all traffic fatalities in the U.S. While statistics show that a relatively small percentage of all traffic fatalities involve bicyclists, the human cost is immeasurable.
Cyclists across Wisconsin, Minnesota, North Dakota, and Iowa share roadways with motor vehicles, and these interactions, unfortunately, can lead to severe or even fatal outcomes. At Nicolet Law Accident & Injury Lawyers, we understand the profound impact these accidents have on lives and are dedicated to providing compassionate legal support.
While you concentrate on your recovery, our experienced Green Bay bicycle accident lawyer legal team can navigate the complexities of your claim, from dealing with insurance companies to fighting for the fair compensation you deserve. There is hope, and we are here to guide you through every stage of the legal process.
Talk with us about your bicycle accident. Call Nicolet Law Accident & Injury Lawyers at 1-855-NICOLET. Your first conversation is always free and confidential.
What Percentage of Bicycle Accidents Are Fatal?: Statistics
Bicyclists make up about 2% to 3% of all traffic fatalities in the U.S., even though fatal crashes are rare compared to the total number of bicycle accidents. This figure has shown an increasing trend over the past decade, with a 13% increase in pedalcyclist fatalities from 2021 to 2022.
In 2023, over 1,100 bicyclists died in U.S. traffic crashes with most fatal bicycle accidents, roughly 80%, happening in urban areas. However, rural crashes tend to be deadlier because of higher vehicle speeds. Collisions with passenger vehicles make up most incidents, but semi-trucks are involved in a rising percentage. In 2022, Wisconsin saw 14 bicyclist fatalities while Minnesota had 6 bicyclist fatalities.
Deadly bicycle crashes often involve larger vehicles, including pickup trucks and semi-trailers. This is especially true on major corridors like I-94 and I-35.
How Does the Bicycle Fatality Rate Compare to Other Vehicles?
Based on an analysis of U.S. national data, bicyclists are about 10 times more likely to die in a crash than car occupants, per mile traveled. Impacts with semi-trucks and SUVs also increase the risk of fatal outcomes for cyclists. These larger vehicles create more forceful impacts.
What Factors Increase the Likelihood of a Fatal Bicycle Crash?
Key contributors to deadly bicycle accidents involve complex factors beyond just speed and location. These may include:
- Driver inattention at intersections
- Large vehicle blind spots, especially when semi-trucks make right turns
- Roadway design flaws, such as narrow shoulders
- High-risk times, like dusk, when visibility drops
- Higher speeds, the likelihood of a fatality increases if a motor vehicle is traveling at greater than 20 mph
Alcohol involvement, from either drivers or riders, remains a major contributor in Wisconsin, Minnesota, North Dakota, and Iowa. Data also shows that a disproportionate number of fatalities happen in collisions involving trucks and SUVs.
A significant factor is the lack of bike infrastructure in many Midwestern communities. In Wisconsin, Minnesota, North Dakota, and Iowa, rural roads often have no shoulders or bike lanes. This forces cyclists to share narrow lanes with fast-moving traffic. Even in urban areas, protected bike lanes are limited. This leaves riders vulnerable at intersections and when navigating around parked cars. This absence of safe cycling infrastructure may contribute directly to the high percentage of fatal crashes when vehicles and bicycles collide.
Special Considerations for Collisions with Commercial Vehicles
Collisions involving commercial vehicles, such as semi-trucks, often result in catastrophic injuries or fatalities for bicyclists. These cases present unique challenges due to the immense size and weight of trucks. They also involve a complex web of regulations. Trucking companies and their drivers must follow strict federal and state laws.
Key factors that distinguish these cases include:
- Federal Regulations: Commercial truckers and companies must adhere to Federal Motor Carrier Safety Administration (FMCSA) rules. These regulations govern everything from driver hours to vehicle maintenance. Violations may point to negligence.
- Complex Investigations: Attorneys investigate these claims thoroughly. This may involve examining black box data, driver logbooks (which are sometimes falsified, known as dual logbooks), maintenance records, and company safety policies.
- Multiple Liable Parties: Liability in a commercial vehicle crash often extends beyond just the driver. The trucking company, cargo loaders, or even vehicle manufacturers may share responsibility.
Navigating these claims requires deep knowledge of trucking industry practices and regulations. Families need legal advocates who understand how to uncover all aspects of negligence.
How to File a Wrongful Death Lawsuit in WI, MN, ND, and IA
Pursuing a wrongful death claim after a fatal bicycle accident is both a legal process and an emotional journey for grieving families. It often begins with speaking with a compassionate attorney who may offer guidance and support. Families need to gather critical records, understand their rights, and prepare for interactions with insurance carriers. Attorneys help with filing necessary documents, negotiating settlements, and representing the family in court if litigation becomes necessary.
Who May File and Who May Recover After Losing a Loved One in a Bicycle Accident?
- Wisconsin: The personal representative (executor) of the estate files the suit. Spouses, children, and parents have primary rights to recover damages. Siblings may recover if no closer relatives survive.
- Minnesota: A trustee appointed by the court files on behalf of surviving family members. Beneficiaries may include spouses, children, parents, grandparents, and siblings.
- North Dakota: The personal representative typically files. If none exists, surviving spouses, children, parents, or grandparents may file directly.
- Iowa: The estate’s administrator files for the spouse, children, or parents. Other relatives may recover in limited situations, but only if they were financially dependent or particularly close to the deceased.
Pursuing a wrongful death claim after a fatal bicycle accident is both a legal process and an emotional journey for grieving families. At Nicolet Law Accident & Injury Lawyers, we understand the profound grief and sudden loss families experience.
Understanding the Wrongful Death Claims Process
The wrongful death claims process involves several stages. Families may expect an initial investigation of the fatal crash. Attorneys collect evidence such as police reports, witness statements, and accident reconstruction data. Next comes filing the formal claim and serving notice to all responsible parties. Insurance negotiations often follow. During this time, adjusters may challenge liability or minimize damages. If a settlement is not reached, the case may proceed to litigation, including discovery, depositions, and potentially a trial.
The timeline for a wrongful death case can vary. Families can expect thorough investigations following a fatal bike crash. While this may extend the timeline, determining how, who, and why an accident occurred proves vital. Other factors can include pushback from insurers during negotiations and disputes regarding fault. Skilled legal counsel may help manage these challenges. They provide clarity and steady support during a time of great uncertainty and loss.
Potential Damages in a Wrongful Death Claim
Families of bicyclists killed in crashes may pursue compensation for a broad range of damages. Generally speaking, this could include economic and non-economic damages, or your actual financial losses and intangible losses arising from your loved one’s death.
Economic damages often include:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Lost wages and benefits the deceased would have earned
- Out-of-pocket costs tied to estate administration
Non-economic damages may include:
- Pain and suffering before death
- Loss of companionship
- Loss of guidance
- Emotional distress suffered by surviving family
Punitive damages may be available depending on your state’s laws and the defendant’s actions. These are extra money that a court may order someone to pay if they caused harm in a way that was much worse than just being careless. These damages are not meant to pay for medical bills or lost wages. Instead, they are meant to punish the person who did something very wrong and to warn others not to do the same.
Bike Fatality Damages by State
| State | Punitive Damages | Who Can Recover | Non-Economic Damages |
| Wisconsin | Allowed if the defendant acted maliciously or with intentional disregard for the rights of the deceased. | The personal representative files the claim. A surviving spouse, children, or parents recover first. | Capped at $350,000 for an adult's death and $500,000 for a minor's death for loss of society and companionship. |
| Minnesota | Allowed if the defendant’s actions showed a willful and blatant disregard for the safety of others. | A court-appointed trustee files the claim on behalf of the surviving spouse and next of kin. | No caps on damages for loss of companionship, comfort, and guidance. |
| North Dakota | Allowed if the defendant's conduct was oppressive, fraudulent, or malicious. | The personal representative or a surviving spouse, child, parent, or grandparent may file the claim. | No caps on non-economic damages. |
| Iowa | Allowed if a defendant's conduct showed a willful and wanton disregard for the rights or safety of another. | The estate's administrator files the claim for distribution to a surviving spouse and children. | No caps on damages for loss of companionship, services, and emotional distress. |
Determining Liability in a Fatal Bicycle Accident
Determining who is legally responsible for a fatal bicycle crash is one of the most important steps families can take. Liability may rest with a negligent driver, a trucking company, a municipality that failed to maintain safe roads, or even a defective bicycle manufacturer. Establishing liability allows families to pursue compensation for their loss and helps hold at-fault parties accountable.
Compensation may come from different sources depending on the circumstances. In most cases, it will be the at-fault driver’s auto insurance. If the crash involved a commercial vehicle, the trucking company’s insurance may also be responsible. In solo bicycle crashes caused by road hazards, a claim against a city or county may be possible. However, these claims have strict notice deadlines. When another cyclist or pedestrian contributed to the crash, their homeowner’s or renter’s insurance could also come into play.
Families pursuing damages may consider working with attorneys who understand how to investigate these complex situations. They may help build strong claims based on solid evidence and a deep understanding of relevant laws.
Comparative Negligence Laws in WI, MN, ND, and IA
Understanding comparative negligence is critical after a fatal bicycle accident. Comparative negligence means that if the deceased cyclist was partly at fault, their family may still pursue damages. However, the total compensation could be reduced by the percentage of fault assigned to the cyclist. This legal principle impacts wrongful death claims. It highlights the need for families to seek experienced legal guidance to assess liability and preserve their rights:
- Wisconsin (comparative negligence): A family may recover damages if their loved one was less than 51% at fault.
- Minnesota (modified comparative fault): Recovery is allowed if fault does not exceed 50%.
- North Dakota (modified comparative fault): This state has a 50% threshold, meaning that recovery is allowed only if fault is less than 50%.
- Iowa (modified comparative fault): Recovery is barred if fault exceeds 50%.
FAQ for What Percentage of Bicycle Accidents Are Fatal?
What is the bicycle accident fatality rate in Wisconsin and Minnesota?
In Wisconsin, about 1 in 64 bicycle crashes is fatal. Minnesota sees a similar ratio, with slightly fewer total crashes due to urban infrastructure investments.
Are bicycle fatalities increasing in North Dakota and Iowa?
No, data shows that North Dakota has some of the lowest number of bike fatalities, with only one death in 2021. Iowa is trending similarly to Wisconsin and Minnesota
How does comparative negligence affect my case?
In WI, MN, ND, and IA, your ability to recover damages depends on your loved one’s percentage of fault. If they were less than 51% at fault (50% in MN, ND, IA), your family may still recover compensation.
May I sue a driver’s insurance company after a fatal bike crash?
In Wisconsin, families may sue both the at-fault driver and their insurance company directly. In Minnesota, no-fault laws may prevent suing the insurance company, so the lawsuit must usually be filed against the driver personally. In North Dakota, families generally sue the driver directly as well, while in Iowa, lawsuits can name both the driver and their insurer in many cases.
What is the statute of limitations for filing a wrongful death claim?
A statute of limitations is the legal deadline for filing a wrongful death lawsuit. If your family misses this deadline, you could lose the right to seek compensation, no matter how strong your case is. It is critical to act quickly and understand your state's rules.
In general, the deadline to file a lawsuit in each state is:
- Wisconsin: 3 years from date of death, unless it was caused by injuries arising from a motor vehicle accident, then the statute of limitations is 2 years
- Minnesota: 3 years from the date of death, but within 6 years of the date of the accident
- North Dakota: 2 years from date of death
- Iowa: 2 years from date of death
What is the most important evidence to collect after a fatal bicycle crash?
Preserve the bicycle in its post-accident condition and do not attempt repairs. Collect contact information from any witnesses. If you can, take photos of the accident scene, including property damage, skid marks, and road conditions. Finally, obtain a copy of the official police report as soon as it becomes available.
If the at-fault driver was uninsured, can my family still recover compensation?
Yes, you may have options. Your loved one’s own auto insurance policy might include uninsured or underinsured motorist (UM/UIM) coverage. This coverage steps in to pay damages when the at-fault driver has no insurance or not enough to cover the full extent of the loss.
How does a wrongful death settlement get distributed among family members?
Each state has laws that direct how a court or the parties distribute settlement funds. In most cases, a surviving spouse and children have priority. If the deceased had no spouse or children, then surviving parents, siblings, or other dependents might recover compensation. The distribution depends on the family structure and the laws of the state where you file the claim.
What should I do if the at-fault driver's insurance company contacts my family?
You should avoid giving a recorded statement or signing any documents without first consulting an attorney. Insurance adjusters work to protect their company's financial interests, and their goal is often to settle the claim for the lowest possible amount. Politely decline to discuss the details and inform them that your legal counsel will contact them.
Your Path Forward After a Fatal Bicycle Accident
If you lost a loved one in a fatal bicycle accident, our Green Bay personal injury Lawyers are here to support your family. We serve clients in Wisconsin, Minnesota, North Dakota, and Iowa with offices across the region. Contact us today for a free consultation. Call us at 1-855-NICOLET, or reach out to your nearest office for immediate assistance.