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Baraboo Distracted Driving Accident Lawyer

Legally Reviewed By:

William Pemberton

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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.

What Counts as Distracted Driving in Wisconsin?

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:

  • Texting or calling: Using a handheld phone while operating a vehicle
  • Eating or drinking: Taking attention away from the road to handle food or beverages
  • Navigation adjusting: Looking down at or programming a GPS device while in motion
  • Passenger interaction: Turning to talk to people in the vehicle rather than watching the road
  • Dashboard controls: Changing music, temperature, or other vehicle settings while driving

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.

How Do You Prove a Driver Was Distracted?

Proving distraction requires evidence gathered quickly after a crash, including the following:

  • Phone records: Can show whether a driver was texting or calling at the time of impact 
  • Traffic and dashcam footage: Capture the driver looking down or drifting out of a lane
  • Witness statements: Valuable when bystanders observed behavior leading up to the collision

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.

Building a Claim After a Distracted Driving Crash

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.

What Compensation May Be Available to You?

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.

How Long Do You Have to File a Distracted Driving Claim in Wisconsin?

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.

Reach Out to the Baraboo Distracted Driving Accident Lawyers at Pemberton Personal Injury Law Firm

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 10 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.

Why Choose Us?

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.

But So Are We.

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.

Awards & Recognition

Free Case Evaluation From Our Baraboo Distracted Driving Accident Lawyer

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.

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Recent Wins

$40M+ Won For Our Clients

$1,262,500

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.

$595,000

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.

$500,000

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.

Client Testimonials

“Focus on healing and we will take care of everything on the legal side”

Beth

“If you ever need an attorney, he would be the first one I recommend”

 

Dennis K.