Being a pedestrian in a city like Eau Claire should be a safe and enjoyable experience. You should be able to walk to a local park, cross the street to a coffee shop, or enjoy a stroll through your neighborhood without fear. But in a split second, a negligent driver can turn a pleasant walk into a nightmare. When a car, truck, or motorcycle strikes a pedestrian, the results are almost always devastating.
As a pedestrian, you have absolutely no protection against the force and weight of a motor vehicle. The injuries are often catastrophic, leading to a lifetime of pain, disability, and financial hardship. If you or a loved one has been the victim of a pedestrian accident in Eau Claire, you are likely feeling scared, angry, and overwhelmed. The path to recovery can be long and arduous, and the last thing you need is the stress of fighting with an insurance company. This is a battle you should not fight alone.
Hiring an experienced Eau Claire pedestrian accident lawyer is not just a good idea; it’s a critical step in protecting your rights and securing your future.
Why You Need an Attorney Immediately After a Pedestrian Accident
The moments following a pedestrian accident are crucial. The insurance company for the at-fault driver will begin its investigation immediately, and its primary goal is to find ways to deny or devalue your claim. Here’s why you need a lawyer on your side from the very beginning:
1. To Prove the Driver’s Negligence
Insurance companies will often try to shift the blame to the pedestrian. They might claim you:
- Darted out into the street unexpectedly.
- Were not in a designated crosswalk.
- Were distracted by your phone.
- Were wearing dark clothing at night.
An experienced attorney will launch a rapid and thorough investigation to counter these claims and prove the driver was at fault. We will gather essential evidence, including:
- The official police report.
- Photos and videos of the accident scene, including any property damage and traffic signals.
- Statements from any witnesses.
- Surveillance footage from nearby businesses or traffic cameras.
- The driver’s cell phone records to check for distracted driving.
This evidence is vital to establishing the driver’s negligence, whether it was due to speeding, distracted driving, failing to yield the right-of-way, or driving under the influence.
2. To Calculate the Full Extent of Your Damages
Pedestrian accidents often result in life-altering injuries. The cost of these injuries goes far beyond the initial emergency room bill. You may be facing a future that includes:
- Multiple surgeries and hospitalizations.
- Years of physical and occupational therapy.
- The need for mobility aids like wheelchairs or prosthetics.
- Home modifications to accommodate your disability.
- A lifetime of prescription medication costs.
- The inability to return to work and earn a living.
An attorney will work with a team of experts—including doctors, life care planners, and economists—to calculate the full, long-term cost of your injuries. We will fight for a settlement that covers not only your current bills but also all of your future needs, as well as compensation for your immense pain and suffering.
3. To Fight the Insurance Company on Your Behalf
Dealing with insurance adjusters is a frustrating and often fruitless endeavor for accident victims. They are trained to protect their company’s interests, not yours. They will delay, deny, and defend, all in an effort to wear you down and make you accept a lowball offer.
When you hire Fitzpatrick, Skemp & Butler, you send a clear message to the insurance company: you will not be intimidated. We take over all communications, handle all the complex legal and procedural requirements, and negotiate aggressively on your behalf. If they refuse to offer a fair settlement, we are always prepared to take your case to trial to get the justice you deserve.
You Don’t Pay Unless We Win
We understand that the last thing you need after a serious accident is another bill. That’s why we represent all personal injury victims, including pedestrians, on a contingency fee basis. This means you will never pay us a fee unless we successfully recover financial compensation for you. Our fee is a percentage of what we win for you, so there is absolutely no upfront cost or risk to you.
Frequently Asked Questions (Q&A)
Q: What if I was partially at fault for the accident?
A: Wisconsin follows a “comparative negligence” rule. This means you can still recover damages as long as you were not more at fault than the driver who hit you. Your compensation will be reduced by your percentage of fault. For example, if you were found to be 10% at fault, your final award would be reduced by 10%. Our job is to minimize any blame placed on you and maximize your recovery.
Q: What is the most important thing to do after a pedestrian accident?
A: Your health is the number one priority. Seek immediate medical attention, even if you think your injuries are minor. Some serious conditions, like internal bleeding or brain injuries, may not have immediate symptoms. After you’ve seen a doctor, your next call should be to an experienced pedestrian accident attorney.
Q: The driver who hit me was uninsured. What are my options?
A: If you have uninsured motorist (UM) coverage on your own auto insurance policy, you can file a claim with your own insurer. Navigating these claims can be just as difficult as dealing with the at-fault driver’s company, so it is still highly advisable to have an attorney represent you.
Your Advocate in Eau Claire and Beyond
The road to recovery after a pedestrian accident is long, but you don’t have to walk it alone. The compassionate and skilled attorneys at Fitzpatrick, Skemp & Butler are dedicated to helping victims in Eau Claire and across Wisconsin. We will handle the legal burdens so you can concentrate on healing.
We encourage you to visit our homepage to learn more about our firm’s commitment to justice. Please contact us today by calling 608-784-4370 to schedule a free, no-obligation consultation. Let us help you take the first step toward rebuilding your life.