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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Legally Reviewed by William Pemberton on September 30, 2026
A distracted driver can cross a center line, blow through a stop sign, or rear-end a stopped car in seconds. When that happens on Baraboo’s roads, the person behind the wheel is not the only one who pays the price.
If you were hurt in a crash caused by a distracted driver in Sauk County, Pemberton Personal Injury Law Firm is ready to help. Our team has over 90 years of combined experience and we know how to build a strong claim against the driver and their insurance company. Our Baraboo car accident lawyers are here to guide you through every step.
Distracted driving is not limited to texting. Any activity that pulls a driver’s attention away from the road can qualify. Wisconsin law specifically prohibits composing or sending text messages while driving, and law enforcement can cite drivers for other forms of distraction as well.
Common types of distracted driving include:
Distracted driving is a serious and widespread problem. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives across the country in 2024 alone.
Proving distraction requires evidence gathered quickly after a crash, including the following:
Our team knows what to look for and how to obtain it. We move quickly after a case comes to us, which matters because certain records and footage can be lost or overwritten in a short time.
A personal injury claim after a distracted driving accident typically rests on negligence. You must show that the other driver had a duty to operate their vehicle safely, that they failed to do so by allowing themselves to become distracted, that their distraction caused the crash, and that you suffered real harm as a result. Wisconsin follows a modified comparative fault rule, which means that as long as you are found to be 50% or less at fault, you may still be able to pursue compensation.
Victims of distracted driving crashes may be able to seek compensation for a range of losses. Medical bills, lost wages, and costs associated with long-term care are often part of a personal injury claim. You may also be able to recover for pain and suffering and other non-economic losses, depending on the circumstances of your case.
Crashes caused by inattention can produce severe injuries. Traumatic brain injuries and catastrophic physical harm are not uncommon when a distracted driver hits another vehicle at speed, and those injuries can affect a person’s life for years to come.
Time limits apply to personal injury claims in Wisconsin. Typically, a lawsuit must be filed within three years from the date of the accident under Wisconsin law. However, there may be exceptions or certain details of your claim that impact the applicable deadline.
It is best not to wait. Evidence can deteriorate, witnesses’ memories fade, and insurance companies use delay to their advantage. If you’re unsure what to do after an accident with a distracted driver, taking the right steps early can help protect your claim. Reaching out to our personal injury lawyers as soon as possible after a crash gives your case the best possible start.
When you hire Pemberton Personal Injury Law Firm, you are working with a team that was built on the belief that injured people deserve a dedicated advocate who will not back down. Our attorneys come from the insurance defense side, which means we know exactly how insurers evaluate claims and how they reduce payouts. That knowledge shapes how we build every case we take on. Our firm has earned Super Lawyers recognition for 14 consecutive years and achieved a landmark jury verdict in a high-stakes personal injury case, including one of the largest of its kind rendered by a Wisconsin jury.
If a distracted driver hurt you on a Baraboo-area road, we want to hear your story. There is no cost to speak with us, and a free case evaluation puts you in a position to make an informed decision about your next step. Contact us to get started today.
Wisconsin law specifically bans composing or sending text messages while driving, but distraction extends beyond texting. Any activity that takes a driver’s eyes, hands, or attention away from the road can qualify, including talking on a handheld phone, eating, adjusting GPS or dashboard controls, or interacting with passengers. Law enforcement can cite drivers for any of these behaviors, and all of them can support a civil negligence claim if they caused a crash.
Key evidence includes the at-fault driver’s phone records, which can show whether a call or text was sent at the time of impact, as well as traffic camera footage, dashcam video, and witness statements. Our attorneys act quickly to preserve this evidence because phone records must be formally requested and surveillance footage is often overwritten within days of a crash. An accident reconstruction expert may also be used when other evidence is limited.
Yes, in most cases. Wisconsin uses a modified comparative fault rule, which allows you to recover compensation as long as you are found to be 50% or less at fault for the accident. Your recovery is reduced by your percentage of fault, but you are not barred from pursuing a claim entirely. An experienced attorney can help document the other driver’s distraction and counter any attempts by the insurer to shift blame onto you.
You may be able to seek compensation for medical bills, future treatment costs, lost wages, reduced earning capacity, pain and suffering, and other non-economic losses such as emotional distress. In cases involving severe injuries like traumatic brain injuries or permanent disability, the long-term financial impact can be substantial. The specific damages available depend on the facts of your case, so speaking with an attorney early helps ensure nothing is left out of your claim.
Seek medical attention right away, even if you feel fine, because some injuries are not immediately apparent. Report the accident to law enforcement so there is an official record. Take photos of the scene, vehicle damage, and any visible injuries. Get contact information from witnesses. Avoid discussing fault at the scene and do not give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Contact Pemberton Personal Injury Law Firm as soon as possible so we can start preserving evidence.
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.