Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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If you’ve been hit by a vehicle while walking in Sun Prairie, you may have the right to pursue compensation for your injuries. Pedestrian accidents often result in severe, life-altering injuries because people on foot have no protection against thousands of pounds of moving metal and machinery. Wisconsin personal injury law protects injured pedestrians, and working with experienced legal representation can make the difference in securing the full compensation you deserve.
At Pemberton Personal Injury, our Sun Prairie pedestrian accident attorneys understand the unique challenges these cases present. For over two decades, our firm has helped injured Wisconsinites hold negligent drivers accountable and recover compensation for medical expenses, lost wages, pain and suffering, and other damages. We know the law, we understand insurance tactics, and we know how to win.
Wisconsin law establishes clear rules protecting pedestrians at intersections and crosswalks. Under Wisconsin Statute § 346.23, drivers must yield the right-of-way to pedestrians who have started to cross the highway on a green signal or pedestrian walk signal at controlled intersections. This duty is absolute. Even if a driver has a green light, they cannot begin a turn if doing so would endanger or interfere with a pedestrian lawfully crossing in the crosswalk.
At uncontrolled intersections without traffic signals, Wisconsin Statute § 346.24 requires drivers to yield to pedestrians in both marked and unmarked crosswalks. An unmarked crosswalk exists at any intersection where sidewalks on opposite sides of the roadway would connect, even without painted lines. This means pedestrians have legal protection at nearly every Sun Prairie intersection, regardless of whether crosswalk markings are visible.
Drivers also have specific duties toward pedestrians with disabilities. According to Wisconsin Statute § 346.26, vehicle operators must stop before approaching closer than 10 feet to any pedestrian carrying a white or red-and-white cane or using a service animal. The driver must take all necessary precautions to avoid injuring the pedestrian, regardless of whether the pedestrian violated traffic laws.
Determining liability in pedestrian accident cases requires careful investigation of the circumstances. Multiple parties may share responsibility depending on the specific facts.
The driver who struck you bears liability if they violated traffic laws, drove negligently, or failed to exercise reasonable care. Common examples include running a red light, failing to yield at a crosswalk, driving while distracted, or speeding through a residential area. Even if you were crossing outside a crosswalk or violated a traffic law, the driver may still be partially at fault if they could have avoided hitting you by exercising reasonable care.
Property owners may be liable if hazardous conditions on their property contributed to the accident. For example, if overgrown bushes or improperly placed signs blocked a driver’s view of a crosswalk, the property owner who failed to maintain their premises could share liability. Premises liability claims require proving the owner knew or should have known about the dangerous condition.
Government entities can be held responsible when poorly maintained roads, missing traffic signals, inadequate lighting, or dangerous intersection designs contribute to pedestrian accidents. Claims against municipalities involve specific notice requirements and shorter deadlines, making prompt legal action essential.
Vehicle owners may be held liable if they negligently entrusted their vehicle to an incompetent or reckless driver. This occurs when someone lends their car to a person they know lacks a valid license, has a history of reckless driving, or is impaired.
Employers can be held liable when their employees cause pedestrian accidents while working within the scope of their employment. This includes truck accidents involving commercial vehicles, delivery drivers, and other workers driving company vehicles.
After suffering injuries in a pedestrian accident due to someone else’s negligence, you may recover various types of compensation depending on the severity of your injuries and the impact on your life. Recoverable compensation may include the following:
In cases involving especially reckless conduct, such as drunk driving or intentional actions, courts may award punitive damages designed to punish the wrongdoer and deter similar behavior. Your attorney will carefully evaluate all aspects of your case to ensure you pursue every category of compensation available under Wisconsin law.
Wisconsin follows a modified comparative negligence rule under Wisconsin Statute § 895.045. This means you can recover compensation even if you were partially at fault, as long as your fault does not exceed 50 percent.
For example, if you were crossing outside a crosswalk when struck by a speeding driver, a jury might find you 30 percent at fault and the driver 70 percent at fault. Your percentage of fault would reduce your total compensation accordingly. If your damages totaled $100,000, you would receive $70,000.
However, if you are found more than 50 percent at fault, you cannot recover any compensation. Insurance companies know this and often try to shift blame onto injured pedestrians to reduce or eliminate their payout obligations. Having a skilled attorney who can counter these tactics and present evidence supporting your claim is crucial.
Selecting the right legal representation can affect the outcome of your case. At Pemberton Personal Injury, our attorneys bring decades of combined experience handling complex pedestrian accident claims throughout Wisconsin.
We conduct a thorough investigation of the accident, gathering evidence from the scene, obtaining police reports, interviewing witnesses, and consulting accident reconstruction experts as needed. This investigation builds a strong foundation for your claim and identifies all potentially liable parties.
Insurance adjusters work to minimize payouts. Your lawyer handles all communications with insurance companies, preventing you from making statements that could be used against you. We know the tactics insurers use and counter them effectively to protect your interests.
Many injury victims underestimate the true value of their claims. Your attorney will accurately calculate all current and future damages, including medical expenses, lost wages, loss of earning capacity, and non-economic damages like pain and suffering. This ensures you pursue the full compensation you deserve.
Most pedestrian accident cases settle before trial, but only if the insurance company offers fair compensation. We negotiate aggressively on your behalf, using evidence and legal expertise to demonstrate the strength of your claim and secure a settlement that covers your needs.
If the insurance company refuses to offer fair compensation, we will take your case to trial. Our experienced trial lawyers present compelling evidence to judges and juries, holding negligent parties accountable and securing favorable verdicts for our clients.
Typically, a lawsuit must be filed within three years from the date of a pedestrian accident, and this time period generally applies under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Your lawyer ensures all paperwork is filed correctly and on time, protecting your right to compensation.
If you or someone you love was injured in a pedestrian accident in Sun Prairie, time is critical. Evidence disappears, witnesses’ memories fade, and insurance companies become less willing to negotiate fair settlements over time.
Don’t let insurance companies take advantage of you during this difficult time. Our pedestrian accident attorneys will handle every aspect of your claim while you focus on recovery. We investigate the accident, gather evidence, negotiate with insurance companies, and take your case to trial if necessary to secure the compensation you deserve. Contact us today for a free case evaluation.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$33M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”