pedestrian accidents

The time it takes to settle a pedestrian accident case can vary significantly. Typically, it will depend on factors like injury severity, liability disputes, and whether the case goes to trial. Some cases may settle within a few months if liability is clear and damages are straightforward.

However, complicated cases with serious injuries, ongoing insurance talks, or lawsuits can take a year or more to settle.

Pedestrian Accident Timeline Factors

The timeline of a pedestrian accident case can be influenced by several factors:

• Severity of Injuries: More severe injuries may require longer medical treatment and recovery, delaying the resolution of the case.
• Investigation Duration: The time law enforcement needs to finish accident reports and collect evidence can lengthen the timeline.
• Insurance Negotiations: Lengthy negotiations with insurance companies over liability and compensation can prolong the process.
• Legal Proceedings: If the case goes to court, several factors can affect the timeline. These include court schedules, pre-trial motions, and jury selection.
• Evidence Collection: Gathering medical records, witness statements, and expert opinions can take a lot of time.

Legal Framework of a Pedestrian Accident in Wisconsin

Negligence and Liability: Pedestrian accidents are primarily governed by negligence law. In Wisconsin, a pedestrian can file a claim against a driver if they can prove the driver acted negligently. The Wisconsin Department of Transportation (WisDOT) states that drivers must yield to pedestrians at marked crosswalks. However, pedestrians also have a responsibility to exercise caution.

Comparative Negligence: Wisconsin follows a modified comparative negligence rule. That means a pedestrian can have their compensation reduced by their percentage of fault. For example, if the pedestrian holds 20% responsibility for the accident, their payout could reduce accordingly. What would have been a payout of $100,000, in that case, would be $80,000.

Insurance Considerations

Insurance Coverage: Drivers are required to carry liability insurance in Wisconsin. Navigating insurance claims can be complex, particularly when multiple parties are involved. The Wisconsin Department of Insurance highlights the importance of understanding coverage options, including uninsured or underinsured motorist coverage.

Medical Issues

Injury Types: Common injuries in pedestrian accidents include fractures and traumatic brain injuries. Immediate medical attention is crucial, as timely treatment can greatly affect recovery. Ongoing medical care may also be necessary for severe injuries, impacting legal claims for future medical expenses.

Get a Better Idea of Your Claim’s Timeline – Contact Us

Pedestrian accident cases in Wisconsin involve intricate legal, insurance, and medical considerations. For those affected, understanding these complexities is vital. Resources from organizations such as WisDOT and local legal aid services can offer valuable guidance throughout the process.

You can also contact one of our pedestrian accident lawyers by using the email form below. We provide free case evaluations.