Wisconsin Pedestrian Accident Lawyer

Walking down the street should not be considered a risky or dangerous activity. Yet pedestrian accidents are a substantial problem in Wisconsin. According to the Wisconsin Department of Transportation figures, there are 1,400 auto accidents involving pedestrians every year. And over a five-year period, there were fifty-four pedestrians killed and 1,326 more injured while walking on or across public roads. That means on any given day, an average of 3 to 4 pedestrians are hit by a vehicle.

A pedestrian obviously has no protection against the force of impact from any kind of motor vehicle and can sustain serious, life-threatening, and life-altering injuries or death. Pedestrian vs. vehicle accidents can cause hundreds of thousands of dollars in medical bills as well as lost income and other out-of-pocket expenses.

Fitzpatrick, Skemp & Butler, LLC, is a team of experienced Wisconsin accident lawyers representing people who have been injured due to the reckless conduct of motorists. Our law firm handles all types of Wisconsin pedestrian accident cases, and our pedestrian accident attorneys are here to protect your best interests every step of the way.

We also manage wrongful death claims on behalf of the families and estates of pedestrians who died as a result of their injuries. While we realize that money can never undo the damage done by a careless motorist, full and fair compensation can assist you and your family in rebuilding your lives. If you lost a loved one in a pedestrian accident, our personal injury attorneys can help you understand your legal options.

Know Your Rights as a Pedestrian in Wisconsin

Wisconsin law defines a pedestrian as any person who walks on foot or uses a mechanical wheelchair (or something similar) to traverse public roads. All pedestrians have certain rights and responsibilities under the “rules of the road” and Wisconsin law. These rights and responsibilities include:

• A motorist must yield to a pedestrian who has started to cross an intersection at either a “Walk” signal or a green light (if there is no Walk/Do not Walk signal).
• If there are no traffic lights or control signals at an intersection, a motorist must yield to a pedestrian crossing the highway at a marked or unmarked crosswalk.
• A motorist must yield to pedestrians who are crossing a sidewalk.
• A motorist must yield to pedestrians entering a driveway or alley.
• A motorist cannot overtake and pass another vehicle that has stopped to allow a pedestrian to cross the street.
• A pedestrian must yield to a motorist before crossing a road where they do not have a green light or “Walk” signal, assuming that either is present at said intersection.
• A pedestrian cannot dart into the middle of the street or otherwise suddenly move into the path of a motorist who does not have enough time to yield.
• If a pedestrian is walking along a road without sidewalks, they must stay on the left side of the street.

Traffic signals, traffic control devices, and stop signs all play a role in establishing right of way. When a negligent driver ignores these rules, pedestrian accidents occur, and people get hurt. Understanding your right of way as a pedestrian matters a great deal when building a pedestrian accident claim.

Common Causes of Pedestrian Accidents in Wisconsin

Most pedestrian accidents in Wisconsin are the result of a motorist failing to yield. The reasons for such failure range from simple carelessness to criminal conduct. Some of the more common scenarios include:

• A motorist is distracted and fails to see a pedestrian crossing the street legally at an intersection or crosswalk.
• A motorist is driving too fast for the current road conditions and does not give themselves sufficient time to yield to a pedestrian.
• A motorist tries to “race through a yellow light” and fails to keep a proper lookout for pedestrians already crossing the street.
• A motorist executes a left-hand turn without looking to see if there are any pedestrians in the way.
• A motorist is driving recklessly due to the intoxicating effect of alcohol or narcotics.

The causes of pedestrian accidents also include distracted driving, poor visibility, and even a vehicle defect that prevents a driver from stopping in time. A pedestrian crossing a parking lot or walking near oncoming traffic faces real risk every day. Many pedestrian accidents happen because a reckless driver was simply not paying attention to oncoming vehicles or pedestrians in the road.

To recover compensation for an accident, a pedestrian needs to prove only that the motorist was negligent in some way. It is not necessary to show that the motorist acted intentionally. Indeed, most pedestrian accidents are not intentional; however, a negligent driver can still be held liable for civil damages and cited for a traffic violation in connection with a pedestrian accident.

What Are the Most Common Injuries in a Wisconsin Pedestrian Accident?

It is always important to seek medical attention after you have been hit by a vehicle. This might sound like common sense, yet we often find that pedestrians will try to get up and minimize their injuries after a collision with a motor vehicle; this can be a deadly mistake. Even if a pedestrian’s injuries seem minor, there may be more serious underlying medical problems. If you are injured, get to a doctor as soon as possible after the accident. Our law firm always advises accident victims to see a doctor before speaking with any insurance company, as delays can be used against you.

While every pedestrian accident is unique, there are certain categories of serious injuries that we tend to see, including but not limited to:

• Traumatic brain injuries
• Whiplash
• Sprains
• Strains
• Eye injuries and loss of vision
• Dental injuries
• Spinal cord damage
• Bone fractures
• Abdominal injuries
• Lower extremity (leg) injuries
• Internal bleeding
• Internal organ damage
• Death

Many pedestrian accidents can lead to long-term health problems; therefore, it is important to document any injuries as close to the date of the accident. This will assist you in your pedestrian accident claim against an insurance company and makes it difficult for a defense attorney to claim the pedestrian’s injuries were the result of some “intervening” or other cause besides driver negligence. The sooner you see a doctor, the sooner you can document your injuries that you sustained in the accident. Accident reports, medical records, and surveillance footage can all serve as important tools when you gather evidence for your case.

What If the Driver Does Not Have Sufficient Insurance?

Wisconsin requires all licensed drivers to carry auto insurance. Unfortunately, these rules only mandate a minimum amount of coverage.  These minimums are often not sufficient to fully compensate a pedestrian for the serious injuries that they have sustained in an accident. Current law requires minimum coverage of $25,000 per person or $50,000 per multiple-victim accident for bodily injury.

There are also cases where a driver simply ignores the law and fails to carry even this minimum amount of insurance. Another common issue in pedestrian accidents is the “hit and run” driver who flees the scene and cannot be located by the police.

What are the pedestrian’s rights in uninsured or underinsured cases?

Coverage may come from the pedestrian’s own insurance. Wisconsin requires insurance policies to include uninsured motorist (UM) coverage. If you have UM coverage, it can provide coverage if you are hit by an uninsured or hit-and-run vehicle, even though you are not actually in your own car at the time of the accident, your UM coverage is typically the same as the amount of your own bodily injury coverage, which follows the minimums stated above.

You may also have underinsured motorist (UIM) coverage. This coverage is optional under Wisconsin law. Your insurer is required to offer UIM coverage, you do not have to have underinsured coverage.   If you do purchase UIM coverage, it can provide benefits in the event the driver who struck you does not have sufficient insurance of their own to fully compensate you, as is often the case in pedestrian accidents.

Could I Be Blamed as the Pedestrian for Causing My Own Accident?

While the motorist is usually the at-fault party in a pedestrian collision, that is not always the case. Wisconsin follows a comparative negligence rule in all personal injury cases, which includes pedestrian accidents. This means that if a personal injury claim goes before a court, the judge or jury must decide how to apportion fault between all the parties involved, including the victim.

For example, if you are hit by a car while crossing the street, the driver could argue that you suddenly darted into traffic or entered the crosswalk at a red light. Even if the jury does not completely accept that argument, you could still be found partially at fault, which can reduce the number of damages you can recover and, in some cases, bar recovery altogether. Witness statements and other evidence gathered after the accident occurred can make the difference in these situations.

What Damages Can I Seek Following a Pedestrian Accident in Wisconsin?

The primary role of a personal injury lawsuit or settlement is to compensate you for all the losses arising from a pedestrian accident. Wisconsin law classifies such compensation as either economic or non-economic damages:

• Economic damages mean your directly measurable out-of-pocket losses, such as your medical bills and lost wages, as well as your estimated future medical expenses or losses in those areas. This includes compensation for reduced earning capacity if your injuries affect your ability to work long-term.
• Non-economic damages refer to your pain and suffering, emotional trauma, loss of enjoyment of life, and difficult-to-quantify losses arising from the accident.

With many pedestrian accidents, it can be difficult to fully assess a potential claim for damages immediately after the event. This is particularly true when you are dealing with potential long-term medical issues that may require a lifetime of professional care. Our pedestrian accident lawyers work hard to pursue maximum compensation for every injured party we represent, including accident victims with severe injuries who face years of ongoing treatment. In cases involving fatal pedestrian accidents, the estate and surviving family members of a loved one may be entitled to different forms of financial compensation under Wisconsin’s wrongful death laws.

Frequently Asked Questions About Pedestrian Accident Cases

How do I know if I have a valid pedestrian accident claim?

If you were hit by a motor vehicle while walking and the driver was at fault, you likely have grounds for a pedestrian accident claim. Personal injury cases like these turn on whether the driver failed to follow traffic laws, ignored your right of way, or was otherwise negligent. A Wisconsin pedestrian accident attorney can review what happened and help you understand the legal process from start to finish. The best way to know for sure is to schedule a free case evaluation with a pedestrian accident lawyer.

What should I do after a pedestrian accident?

First, seek medical attention right away, even if you feel okay. Then, if possible, take photos of the scene, the vehicle, and any visible injuries. Get the driver’s name, insurance information, and license plate number. Report the accident to the police and ask for a copy of the report. Motor vehicle accidents involving pedestrians often involve alcohol impairment or distracted driving, so document as much as possible. Contact a Wisconsin pedestrian accident lawyer before speaking with any insurance company. Our law firm can handle all communication with the insurance company on your behalf so you can focus on recovery.

How long do I have to file a pedestrian accident claim in Wisconsin?

In most personal injury cases in Wisconsin, you have three years from the date of the accident to file a claim. Waiting too long can hurt your case, as evidence disappears and witness statements become harder to obtain. The legal proceedings involved in other pedestrian accident cases show that early action leads to better outcomes. Do not delay. A free consultation with our law firm costs you nothing and can help you seek compensation right away.

Get in Touch with Our Expert Wisconsin Pedestrian Attorney Today!

If you, or someone in your family, has been hit while walking or traveling down the street, you need to speak with a qualified Wisconsin pedestrian accident lawyer. Contact Fitzpatrick, Skemp & Butler, LLC today to schedule a free case review. There is no charge to speak with us, and we will not collect any fees unless we win a settlement or judgment on your behalf. Our law firm has helped injured Wisconsinites seek compensation from every type of insurance company and at-fault party. Our personal injury attorneys are dedicated to helping you get the fair compensation you deserve. Contact our law firm today for your free case evaluation and let our personal injury attorney team fight for you.