If you are a pedestrian and are hit by a car in Wisconsin, you have the legal right to sue the driver of the vehicle. That is, if the driver is at fault or contributed to the accident in some way.
Pedestrian-car accidents can be traumatic and often lead to serious injuries, and pursuing a lawsuit may be necessary to cover medical expenses, lost wages, and other damages.
In Wisconsin, the process of seeking compensation for injuries is shaped by the state’s personal injury laws, negligence rules, and insurance requirements.
Understanding Wisconsin Personal Injury Claims
A pedestrian accident case falls under what’s known as a personal injury claim. Personal injury claims arise when someone is harmed due to another party’s negligence. These claims are most commonly from car accidents, workplace incidents, or defective products.
Establishing fault is key, and legal help is often essential for serious cases:
In a Wisconsin personal injury case, establishing fault involves proving that one party’s negligence caused the injury. The injured party must demonstrate that the defendant had a duty of care, breached that duty, and directly caused harm as a result. This can involve showing that the defendant acted unreasonably or failed to take necessary precautions.
Types of Evidence When Proving Fault
Evidence such as witness testimony, expert analysis, and physical documentation, like photos or medical records, is often used to support these claims.
Legal Considerations and Compensation
Wisconsin has a statute of limitations for filing these claims. That limitation is three years, which means injured individuals have three years from their accident to file a claim.
There are also damages to consider. Think of damages as losses related to the accident. Calculating damages includes medical costs, lost income, and pain and suffering. Settlements for damages are often negotiated outside of court, but a lawsuit may be necessary if disputes arise.
For more detailed guidance, visit the Wisconsin State Bar page.
Wisconsin Comparative Negligence Rule in Pedestrian Injury Cases
What if both parties are at fault?
Wisconsin follows a comparative negligence rule in car accident claims, which applies to situations where fault is shared between the parties involved. Under this rule, as long as the injured party’s negligence is not greater than the other party’s, they can still recover damages.
However, the compensation is reduced based on their percentage of fault. For example, if a pedestrian is found to be 30% responsible for an accident, they can recover 70% of their damages. If their fault is 51% or more, they are barred from recovery altogether.
Here’s an illustration to give you a better idea:
If the pedestrian is found to be 40% at fault and the total damages are $300,000, the compensation would be reduced by 40%, leaving the pedestrian with $180,000.
For official documents and more helpful information, visit the Wisconsin State Law Library on the topic of comparative negligence.
What to Do After a Pedestrian Accident
The moments following a pedestrian accident can be overwhelming and confusing, but taking the right steps immediately can protect both your health and your legal rights. First, seek immediate medical attention by calling 911, even if your injuries seem minor, as serious conditions like internal bleeding or traumatic brain injuries may not show immediate symptoms. If you are physically able, document the accident scene by taking photographs of your injuries, the vehicle, skid marks, and the overall location, and gather the driver’s contact information, insurance details, and witness statements. Always file an official police report regardless of how minor the accident seems, as this creates an objective record that becomes crucial evidence when dealing with insurance companies or pursuing a personal injury claim.
After receiving initial medical care, preserve all evidence related to your accident and injuries by keeping medical records, bills, and documentation organized in one place, and take daily photos of visible injuries as they heal. According to the National Highway Traffic Safety Administration, pedestrian fatalities accounted for 17% of all traffic deaths in 2022, highlighting how critical proper documentation can be in these serious cases. Be cautious about speaking with insurance adjusters alone, as they often try to minimize payouts by getting victims to make statements that can be used against them later. It’s generally best to consult with a Wisconsin pedestrian accident attorney before engaging in detailed discussions with insurance representatives, as an experienced lawyer can handle these communications, preserve crucial evidence, and protect your interests throughout the claims process.
Contact Pemberton Personal Injury Law Firm After Your Pedestrian Accident
If you or a loved one has been injured in a pedestrian accident in Wisconsin, the experienced attorneys at Pemberton Personal Injury Law Firm are here to help you navigate the complex legal process and fight for the compensation you deserve. Our team understands the physical, emotional, and financial toll these accidents take on victims and their families, and we have successfully represented countless pedestrians in recovering damages for medical expenses, lost wages, pain and suffering, and more. With offices conveniently located in Madison, Baraboo, and Eau Claire, we serve injured pedestrians throughout Wisconsin and work on a contingency fee basis, meaning you pay nothing unless we win your case.
Don’t let insurance companies minimize your claim or pressure you into accepting less than you deserve. Our attorneys will thoroughly investigate your accident, gather crucial evidence, handle all communications with insurance adjusters, and build a strong case that accounts for both your current and future needs. Time is critical in pedestrian accident cases, as evidence can disappear and Wisconsin’s three-year statute of limitations means you have a limited window to file your claim. Contact our office today for a free consultation to discuss your case and learn how we can help you secure the justice and compensation you need to move forward with your recovery.
