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
Legally Reviewed By:
"*" indicates required fields
A split second is all it takes. One driver looks down at their phone, and lives are changed forever. Distracted driving crashes happen every day in Wisconsin, and the injured victims are often left dealing with painful injuries, lost income, and questions about what to do next.
If you were hurt by a distracted driver in Eau Claire, Pemberton Personal Injury Law Firm is here to help. Our team has 80+ years of combined experience handling car accident cases across Wisconsin. We know how to build strong claims, deal with insurance companies, and fight for the compensation you deserve.
Distracted driving is more than just texting. It includes anything that pulls a driver’s attention, hands, or eyes away from the road.
Wisconsin law specifically prohibits the use of handheld electronic devices while driving under Wisconsin Statute § 346.89. That includes texting, using apps, or browsing the internet. Violations can result in fines and, more importantly, civil liability if someone gets hurt.
Distraction behind the wheel comes in many forms. Some of the most common include:
Any one of these behaviors can lead to a serious crash. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives in the United States in 2024 alone.
When a driver chooses to take their eyes off the road and someone gets hurt, that driver can be held legally responsible. In Wisconsin, injury claims are based on negligence. To bring a successful claim, you generally need to show that the other driver had a duty to drive safely, that they failed to do so, that their failure caused the crash, and that you suffered real harm as a result.
Insurance companies do not always make things easy. Even when a driver was clearly at fault, the insurer may push back on the extent of your injuries or try to offer a low settlement quickly. Having an attorney in your corner can make a big difference in the outcome of your claim.
Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045. This means you can still recover compensation even if you were partly at fault, as long as your share of fault is 50 percent or less. Your total award is reduced by your percentage of fault.
A distracted driving accident can affect your life in many ways, both financially and personally. Wisconsin law allows injury victims to seek compensation for a range of losses.
Those losses may include medical bills and future care costs, lost wages and reduced earning ability, pain and suffering, and damage to your vehicle or other property. If the crash caused a traumatic brain injury or another serious condition, long-term care costs can be significant. In cases involving a death, a wrongful death claim may be available to surviving family members.
Timing matters. Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to car accident claims under Wisconsin law. However, some important exceptions and nuances can affect the applicable deadline.
Do not wait to get legal advice. Evidence can fade, witnesses move on, and important records can become harder to access over time. If you’re unsure what to do after an accident with a distracted driver, our guide explains the important steps to take. Speaking with an Eau Claire personal injury attorney as soon as possible gives you the best chance to protect your rights.
The right legal team makes a real difference after a serious crash. At Pemberton Personal Injury, we bring an insurance defense background to every case we take on. That means we know exactly how insurance companies think, what strategies they use, and how to push back effectively.
Here is what you can expect when you work with our team:
The Pemberton Promise is our pledge to every client: we carry the burden of the legal fight so you can focus on getting better.
If a distracted driver injured you, you should not have to handle the aftermath alone. Medical bills, insurance calls, and legal deadlines are a lot to manage while you are focused on healing.
Pemberton Personal Injury Law Firm serves clients throughout the Eau Claire area and across Wisconsin. We treat every client with honesty, compassion, and the same dedication we bring to the courtroom. Contact us today for your free case evaluation, and let us get to work on your behalf.
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.
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.
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.
“If you ever need an attorney, he would be the first one I recommend”
“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”