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 of distraction behind the wheel can change everything. Drivers who text, eat, or scroll on their phones are far more dangerous than most people realize. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives in 2024 alone. In Madison, these crashes happen every day, and the injuries they cause can be severe. Learn more about how our Wisconsin distracted driving accident lawyers help victims across the state.
When someone else’s careless driving leaves you hurt, you deserve real answers and real help. Pemberton Personal Injury Law Firm has built its reputation across Wisconsin by fighting for people harmed by negligent drivers. Our team brings over 90 years of combined experience to each case, including hard-earned knowledge of how insurance companies operate, because our attorneys have worked on the defense side, too. That background now works for you. If you were hurt in a Madison car accident by a distracted driver, we want to hear your story.
Distracted driving is broader than just texting. Any activity that pulls a driver’s eyes, hands, or attention away from the road can qualify. Wisconsin law specifically bans hand-held cell phone use while driving, and drivers who cause crashes while distracted may be held legally responsible for the harm they cause.
Common forms of distraction include:
Any of these behaviors can support a claim for negligence if they contributed to your accident. Our attorneys know how to build a case around driver inattention, whether that means pulling phone records, securing witness statements, or working with accident reconstruction professionals.
Distracted driving collisions often happen without warning. The driver who caused the crash may not have slowed down at all before impact. That means the force involved tends to be significant, and the injuries that follow can be life-altering.
Traumatic brain injuries are among the most serious outcomes of any car crash. Even a moderate impact can cause a concussion or more severe damage. If you suffered a brain injury in your Madison accident, the road to healing can be long and uncertain, and the costs can mount quickly.
Spinal and orthopedic injuries such as broken bones, herniated discs, and spinal damage are common when a driver strikes another vehicle at full speed. Learn more about how our attorneys handle these serious cases. These injuries often require surgery, physical therapy, and months of follow-up care. Some cause permanent limitations that affect every part of a person’s daily life.
Wisconsin personal injury law allows accident victims to seek compensation for the full impact of their injuries. Our personal injury lawyers in Madison can help you understand your legal options and pursue the compensation you deserve. This is not limited to medical bills. A fair settlement or verdict takes into account everything you have lost and may continue to lose because of someone else’s negligence.
Compensation in a distracted driving case may include the following:
In cases where a crash results in a death, family members may have a wrongful death claim. Our team handles these cases with care and takes the time to understand the full picture of how your life has been affected.
Time limits apply to personal injury cases in Wisconsin. Typically, a lawsuit must be filed within three years from the date of the accident. However, certain exceptions and the unique details of your case can affect the applicable deadline.
Waiting too long can make it harder to gather evidence and preserve your claim. If you’re unsure of the next steps, read our guide on what to do after an accident with a distracted driver. The sooner you speak with an attorney, the better position you will be in to protect your rights.
Not every law firm has the background to go up against well-funded insurance companies and come out ahead. Some of our attorneys spent years working on the defense side, which means we know exactly how insurers think and how they try to limit what they pay. We use that knowledge to anticipate their tactics and counter them at every step.
Our track record reflects our commitment. Super Lawyers have recognized us for ten consecutive years, and our results include achieving a landmark jury verdict in a high-stakes personal injury case. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. The Pemberton Promise is the standard we hold ourselves to in every case: dedicated advocacy, honest communication, and a relentless focus on your outcome.
A distracted driver made a choice that hurt you. Now you have a choice too: accept what the insurance company offers or work with a team that will fight for what your case is truly worth. Pemberton Personal Injury is here to help Madison residents and families who negligent drivers have harmed get the results they deserve. We take every case seriously, and we do not back down when insurance companies push back.
To get started with a free case evaluation, reach out to our team through our contact form today.
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”