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.
Get The Justice You Deserve
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Legally Reviewed by William Pemberton on September 30, 2026
A split second of distraction can change everything. In Wisconsin, distracted driving caused more than 9,000 crashes in 2024 alone, leaving 44 people dead and thousands more with serious injuries, according to the Wisconsin Department of Transportation. When someone else’s inattention behind the wheel puts you in the hospital, you deserve answers and real support.
Pemberton Personal Injury Law Firm has stood in the corner of injured Wisconsin residents for years, built on the belief that victims should never have to face insurance companies alone. As part of our Wisconsin personal injury lawyers services, our team handles distracted driving cases across the state, bringing the same focused approach and commitment to every client we serve. The Pemberton Promise is our pledge to fight for what you deserve, not just what is easy to settle.
Under Wis. Stats. 346.89, drivers may not engage in activities that interfere with the safe operation of their vehicle. The law also prohibits texting while in motion and bans the use of mobile phones by drivers with learner’s permits or probationary licenses.
Distracted driving generally falls into three categories: visual, manual, and cognitive. Visual distraction means taking your eyes off the road. Manual distraction means removing your hands from the wheel. Cognitive distraction means letting your mind wander from the task of driving. Texting while driving is especially dangerous because it combines all three at once.
Liability in a distracted driving case is not always limited to the driver who caused the crash. Depending on the circumstances, more than one party may share responsibility for your injuries.
In most distracted driving cases, the at-fault driver bears primary responsibility. When a driver texts, adjusts a GPS, eats, or turns to talk to a passenger and causes a crash as a result, that behavior can be used to demonstrate negligence. Wisconsin follows a modified comparative fault rule, meaning you may still recover compensation even if you were partially at fault, as long as your share of fault is 50% or less.
Liability does not always stop with the individual behind the wheel. If a driver was working at the time of the crash, for example, driving a delivery truck or taking a business call, their employer may also be held responsible. Our team investigates all possible sources of liability to build the strongest case possible on your behalf.
Distracted driving accidents often cause serious harm. Medical bills, lost wages, and long-term care costs can add up quickly, and you should not have to absorb those losses on your own. You may be entitled to compensation for a range of losses.
The types of damages available in a Wisconsin distracted driving claim may include:
These damages vary by case, and an attorney can help you determine what your specific situation may support.
Distracted driving crashes frequently cause life-altering injuries. High-speed collisions, rear-end impacts, and T-bone crashes can result in traumatic brain injuries, spinal cord damage, and other catastrophic injuries that require ongoing care. In the most tragic situations, these accidents are fatal, and families may have the right to pursue a wrongful death claim.
If your injuries are severe, the value of your case is almost certainly higher than an insurance adjuster’s first offer. We prepare every case as if it is going to trial, and insurance companies know that.
Time limits matter in personal injury cases, and missing a deadline can cost you your right to recover compensation entirely. Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to distracted driving injury claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. The sooner you speak with an attorney, the better your options will be.
Insurance companies are in the business of paying as little as possible. They may argue that their driver was not actually distracted, that your injuries were not caused by the crash, or that you share too much of the fault. Their adjusters are trained to handle these conversations in ways that protect the insurer, not you.
Our attorneys know how insurance defense works because our firm was founded by an attorney who previously worked on the defense side. We know the tactics used to minimize claims and how to respond to them on your behalf.
At Pemberton Personal Injury Law Firm, we take distracted driving cases seriously. Our team has received recognition from Super Lawyers for ten consecutive years, and our track record includes achieving a landmark jury verdict in a high-stakes personal injury case. We work on a contingency basis, meaning you pay no fees unless we recover compensation for you. The Pemberton Promise reflects our commitment to carry you through this case from the first call to the final resolution, so you can focus on healing.
If you were hurt by a distracted driver in Wisconsin, do not wait to get help. If you’re unsure about your next steps, read our guide on what to do after an accident with a distracted driver. Our attorneys are ready to review your situation, answer your questions, and fight for the outcome you deserve. Contact our office today to request your free case evaluation.
If you are able to, move to safety and call 911. Seek medical attention even if you feel fine, because some injuries from distracted driving crashes are not immediately apparent. Document the scene with photos, gather contact information from witnesses, and avoid making statements to the other driver’s insurance company without speaking to an attorney first.
Evidence of distracted driving can come from phone records showing calls or texts around the time of the crash, witness statements, dashcam footage, traffic camera recordings, and law enforcement reports. An attorney can help you obtain this evidence through the discovery process, including subpoenas for cell phone records that you may not be able to obtain on your own.
Wisconsin follows a modified comparative fault rule. You may still recover compensation as long as your share of the fault is 50% or less. Your total damages award will be reduced by your percentage of fault, so if you were found 20% at fault, you would recover 80% of your total damages. An attorney can help you present evidence to minimize any fault attributed to you.
Generally, Wisconsin law gives you three years from the date of the accident to file a personal injury lawsuit. Missing this deadline will likely bar your right to recover any compensation. Some exceptions apply, such as cases involving minors or claims against government entities, which have shorter timeframes. Speaking with an attorney as soon as possible protects your options.
Yes, you may still have options. Your own auto insurance policy may include uninsured or underinsured motorist coverage, which can compensate you when the at-fault driver lacks adequate insurance. In some cases, other parties such as an employer or vehicle owner may also share liability. An attorney can review all available sources of compensation based on the facts of your case.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
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Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
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.
$40M+ 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.
The client sustained catastrophic injuries in a car accident — dislocated ribs and multiple vertebrae (including C3–C4, L4–L5, S1), a C2–3 cord lesion with right leg pain/weakness, concussion with loss of consciousness, abrasions, and ongoing neck, shoulder, back, knee and hip problems, as well as anxiety, depression and PTSD. With medical bills totaling $203,240.17, we secured a $595,000 settlement to compensate the client for extensive physical and psychological harms and to maximize their recovery.
The client was injured in an auto accident, sustaining injuries to the left shoulder, lower back, left hand, as well as whiplash and dental damage. The insurer initially refused to make any settlement offer. We filed suit and secured the full $500,000 policy limit without the need for depositions or trial, while also reducing liens by $30,242.98.
“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”
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.