Whether you are taking an evening stroll through your neighborhood, walking to work in a busy downtown area, or simply crossing the street from a parking lot, you have a reasonable expectation of safety. You trust that drivers will obey the law, stop at crosswalks, and pay attention to their surroundings. When that trust is broken, and you are struck by a multi-ton vehicle, the physical and emotional impact is absolutely devastating.
If you or a loved one has recently been injured in a pedestrian accident, you are likely facing an incredibly difficult reality. The injuries sustained when a human body impacts a car are often catastrophic, leading to extended hospital stays, agonizing physical therapy, and a terrifying inability to work or care for your family. It is completely normal to feel angry, vulnerable, and deeply worried about how you will manage the mounting medical bills. As experienced personal injury attorneys who have stood beside many Wisconsin residents in this exact situation, we want you to know that you do not have to carry this burden alone. The law provides avenues for you to seek justice and secure the financial support you need to rebuild your life.
The Unique Severity of Pedestrian Injuries
When a collision occurs between a motor vehicle and a pedestrian, the pedestrian always loses. Unlike the occupants of a car, who are protected by steel frames, airbags, and seatbelts, a pedestrian has absolutely no physical protection. Consequently, the injuries we see in these cases are almost always severe and life-altering.
Victims frequently suffer from traumatic brain injuries, profound spinal cord damage, crushed pelvises, shattered limbs, and massive internal bleeding. The road to recovery is rarely short. It often involves multiple surgeries, months or years of intensive rehabilitation, and, in many cases, permanent disability or disfigurement. The emotional trauma—such as post-traumatic stress disorder (PTSD), severe anxiety, and a newfound fear of simply walking outside—can be just as debilitating as the physical wounds.
Determining Fault in Wisconsin Pedestrian Accidents
In the aftermath of a pedestrian accident, the driver’s insurance company will almost certainly try to shift the blame onto you. They might argue that you were jaywalking, that you darted out into traffic unpredictably, or that you were distracted by your phone. Their goal is to minimize their financial liability, even if it means unfairly accusing the victim.
This is why establishing fault requires a rigorous, evidence-based investigation. A skilled Wisconsin personal injury attorney will immediately work to secure critical evidence before it disappears. This includes obtaining police reports, tracking down eyewitnesses, securing surveillance footage from nearby businesses or traffic cameras, and consulting with accident reconstruction experts.
Wisconsin law generally requires drivers to yield the right-of-way to pedestrians in marked or unmarked crosswalks. However, drivers frequently fail to do so due to distraction (such as texting), intoxication, speeding, or simply failing to check their blind spots before making a turn at an intersection. If a driver’s negligence caused your injuries, they can be held legally and financially responsible for the harm they have caused.
What If You Were Partially at Fault?
Wisconsin operates under a modified comparative negligence system. This means that even if you were partially at fault for the accident—for example, if you crossed outside of a designated crosswalk—you may still be eligible to recover compensation, provided your share of the blame is less than 51%.
If you are found to be partially at fault, your total compensation will be reduced by your percentage of blame. For instance, if a jury determines your damages are significant, but finds you 20% at fault for not using a crosswalk, your final award will be reduced by 20%. Because insurance companies will aggressively try to maximize your percentage of fault to save themselves money, having an experienced pedestrian accident lawyer to defend your actions is absolutely crucial.
Frequently Asked Questions
Who pays my medical bills after a pedestrian accident?
Initially, your own health insurance will typically cover your medical expenses. However, you have the right to seek reimbursement for those costs, as well as future medical needs, lost wages, and pain and suffering, through a personal injury claim against the at-fault driver’s auto insurance policy.
What if the driver who hit me fled the scene (a hit-and-run)?
Hit-and-run accidents are incredibly distressing, but you still have options. If the driver cannot be identified, you may be able to file a claim under the uninsured motorist (UM) coverage of your own auto insurance policy, or the policy of a family member you live with. An attorney can help you explore all available avenues for recovery.
How long do I have to file a lawsuit?
In Wisconsin, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, it is vital to contact an attorney much sooner so they can begin preserving evidence and building your case while memories are fresh. You can find more information on our FAQ page.
Call Our Experienced Wisconsin Personal Injury Lawyers Now!
The physical, emotional, and financial toll of a pedestrian accident can feel insurmountable. But you do not have to face the insurance companies and the legal system alone. At Fitzpatrick, Skemp & Butler, LLC, our compassionate and tenacious team of Wisconsin personal injury lawyers is here to advocate fiercely on your behalf. We will handle the complex legal battle so you can focus entirely on your healing.
If you or a loved one has been struck by a vehicle, do not let the insurance company dictate your future. Call our experienced Wisconsin personal injury lawyers now at (608) 784-4370 or visit our Contact Us page to schedule a free, no-obligation consultation. We are ready to stand by your side.