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 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.
Wisconsin Statute § 346.89 prohibits the use of handheld electronic devices while driving. Distraction also includes eating, adjusting in-vehicle controls, talking to passengers, and personal grooming. Any activity that takes a driver’s eyes, hands, or attention away from the road can form the basis of a negligence claim after a crash.
Evidence of distraction can come from the driver’s phone records, traffic camera footage, witness statements, and the officer’s crash report. We may also subpoena vehicle data or request records from app providers. Building that case early is important because some evidence is time-sensitive and can be lost if not preserved quickly.
Yes, in most cases. Wisconsin uses a modified comparative negligence system under Wis. Stat. § 895.045. You can recover compensation as long as your share of fault is 50 percent or less. Your total award is reduced by your percentage of fault, so if you were 20 percent at fault and your damages total $100,000, you would recover $80,000.
Wisconsin law allows injury victims to seek compensation for medical bills and future care costs, lost wages, reduced earning capacity, pain and suffering, and property damage. In serious cases involving traumatic brain injuries or permanent disability, long-term care and lost quality of life can significantly increase the value of a claim.
As soon as possible. Wisconsin generally gives injury victims three years from the accident date to file a lawsuit, but key evidence including surveillance footage, phone records, and witness recollections fades quickly. Contacting an attorney early gives your legal team the best chance to gather what is needed to build a strong claim on your behalf.
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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