Sun Prairie Pedestrian Accident Lawyers

Understanding Wisconsin’s Pedestrian Right-of-Way Laws

Wisconsin law establishes clear rules protecting pedestrians at intersections and crosswalks. Under Wisconsin Statute § 346.23, drivers must yield the right-of-way to pedestrians who have started to cross the highway on a green signal or pedestrian walk signal at controlled intersections. This duty is absolute. Even if a driver has a green light, they cannot begin a turn if doing so would endanger or interfere with a pedestrian lawfully crossing in the crosswalk.

At uncontrolled intersections without traffic signals, Wisconsin Statute § 346.24 requires drivers to yield to pedestrians in both marked and unmarked crosswalks. An unmarked crosswalk exists at any intersection where sidewalks on opposite sides of the roadway would connect, even without painted lines. This means pedestrians have legal protection at nearly every Sun Prairie intersection, regardless of whether crosswalk markings are visible.

Drivers also have specific duties toward pedestrians with disabilities. According to Wisconsin Statute § 346.26, vehicle operators must stop before approaching closer than 10 feet to any pedestrian carrying a white or red-and-white cane or using a service animal. The driver must take all necessary precautions to avoid injuring the pedestrian, regardless of whether the pedestrian violated traffic laws.

Who May Be Liable for a Pedestrian Accident?

Determining liability in pedestrian accident cases requires careful investigation of the circumstances. Multiple parties may share responsibility depending on the specific facts.

Negligent Drivers

The driver who struck you bears liability if they violated traffic laws, drove negligently, or failed to exercise reasonable care. Common examples include running a red light, failing to yield at a crosswalk, driving while distracted, or speeding through a residential area. Even if you were crossing outside a crosswalk or violated a traffic law, the driver may still be partially at fault if they could have avoided hitting you by exercising reasonable care.

Property Owners

Property owners may be liable if hazardous conditions on their property contributed to the accident. For example, if overgrown bushes or improperly placed signs blocked a driver’s view of a crosswalk, the property owner who failed to maintain their premises could share liability. Premises liability claims require proving the owner knew or should have known about the dangerous condition.

Government Entities

Government entities can be held responsible when poorly maintained roads, missing traffic signals, inadequate lighting, or dangerous intersection designs contribute to pedestrian accidents. Claims against municipalities involve specific notice requirements and shorter deadlines, making prompt legal action essential.

Vehicle Owners

Vehicle owners may be held liable if they negligently entrusted their vehicle to an incompetent or reckless driver. This occurs when someone lends their car to a person they know lacks a valid license, has a history of reckless driving, or is impaired.

Employers

Employers can be held liable when their employees cause pedestrian accidents while working within the scope of their employment. This includes truck accidents involving commercial vehicles, delivery drivers, and other workers driving company vehicles.

What Compensation May You Recover After a Pedestrian Accident?

After suffering injuries in a pedestrian accident due to someone else’s negligence, you may recover various types of compensation depending on the severity of your injuries and the impact on your life. Recoverable compensation may include the following:

• Medical expenses, including emergency treatment, hospitalization, surgeries, medications, physical therapy, assistive devices, and future medical care
• Lost wages covering income you couldn’t earn while recovering
• Loss of earning capacity addressing reduced ability to work in the future due to permanent injuries
• Pain and suffering recognizing the physical pain and discomfort you’ve endured
• Emotional distress accounting for anxiety, depression, and psychological trauma resulting from the accident
• Loss of enjoyment of life addressing your reduced ability to participate in activities you previously enjoyed
• Disfigurement and scarring damages recognizing the psychological impact of permanent physical changes to your appearance
• Punitive damages in cases involving especially reckless or intentional conduct

In cases involving especially reckless conduct, such as drunk driving or intentional actions, courts may award punitive damages designed to punish the wrongdoer and deter similar behavior. Your attorney will carefully evaluate all aspects of your case to ensure you pursue every category of compensation available under Wisconsin law.

Can You File a Pedestrian Accident Claim If You Were Partially Responsible?

Wisconsin follows a modified comparative negligence rule under Wisconsin Statute § 895.045. This means you can recover compensation even if you were partially at fault, as long as your fault does not exceed 50 percent.

For example, if you were crossing outside a crosswalk when struck by a speeding driver, a jury might find you 30 percent at fault and the driver 70 percent at fault. Your percentage of fault would reduce your total compensation accordingly. If your damages totaled $100,000, you would receive $70,000.

However, if you are found more than 50 percent at fault, you cannot recover any compensation. Insurance companies know this and often try to shift blame onto injured pedestrians to reduce or eliminate their payout obligations. Having a skilled attorney who can counter these tactics and present evidence supporting your claim is crucial.

How a Lawyer Can Help With Your Sun Prairie Pedestrian Accident Case

Selecting the right legal representation can affect the outcome of your case. At Pemberton Personal Injury, our attorneys bring decades of combined experience handling complex pedestrian accident claims throughout Wisconsin.

Investigating Your Accident

We conduct a thorough investigation of the accident, gathering evidence from the scene, obtaining police reports, interviewing witnesses, and consulting accident reconstruction experts as needed. This investigation builds a strong foundation for your claim and identifies all potentially liable parties.

Handling Insurance Companies

Insurance adjusters work to minimize payouts. Your lawyer handles all communications with insurance companies, preventing you from making statements that could be used against you. We know the tactics insurers use and counter them effectively to protect your interests.

Calculating Your Full Damages

Many injury victims underestimate the true value of their claims. Your attorney will accurately calculate all current and future damages, including medical expenses, lost wages, loss of earning capacity, and non-economic damages like pain and suffering. This ensures you pursue the full compensation you deserve.

Negotiating Fair Settlements

Most pedestrian accident cases settle before trial, but only if the insurance company offers fair compensation. We negotiate aggressively on your behalf, using evidence and legal expertise to demonstrate the strength of your claim and secure a settlement that covers your needs.

Taking Your Case to Trial

If the insurance company refuses to offer fair compensation, we will take your case to trial. Our experienced trial lawyers present compelling evidence to judges and juries, holding negligent parties accountable and securing favorable verdicts for our clients.

Managing Legal Deadlines

Typically, a lawsuit must be filed within three years from the date of a pedestrian accident, and this time period generally applies under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Your lawyer ensures all paperwork is filed correctly and on time, protecting your right to compensation.

Contact Our Sun Prairie Pedestrian Accident Attorneys Today

If you or someone you love was injured in a pedestrian accident in Sun Prairie, time is critical. Evidence disappears, witnesses’ memories fade, and insurance companies become less willing to negotiate fair settlements over time.

Don’t let insurance companies take advantage of you during this difficult time. Our pedestrian accident attorneys will handle every aspect of your claim while you focus on recovery. We investigate the accident, gather evidence, negotiate with insurance companies, and take your case to trial if necessary to secure the compensation you deserve. Contact us today for a free case evaluation.