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When a pedestrian accident happens, everything changes in an instant. The pain from your injuries, the stress of dealing with medical bills, and the uncertainty of your future can take over your life.
That’s why pedestrian accident victims need a specialized attorney. The right legal help can make all the difference in securing the compensation you deserve while protecting your mental health on the road to recovery.
Although pedestrian accident rates are declining in many cities, hundreds still occur in Milwaukee every year (as reported by the city). Many Wisconsin residents have been impacted by a pedestrian accident, either personally or through a loved one’s experience.
If you’ve been struck by a Wisconsin motorist while on foot, here’s what you should know about hiring a pedestrian accident lawyer.
After a pedestrian accident, your primary concern is likely getting better (as it should be). However, it’s also smart to think about the future.
Medical expenses, lost wages, and long-term treatment can add up quickly. Healthcare is a big business in the United States, and expenses like common surgeries can easily have price tags that top $100,000.
Without proper support from a pedestrian accident attorney, you could be left with a settlement that doesn’t fully account for the total costs of your personal injury. A lawyer’s role is to protect your security by advocating for financial compensation that covers your current and future needs.
This also means making sure you’re not pressured into accepting a low offer from insurance companies, who often aim to resolve claims quickly and inexpensively. With a lawyer’s help, you can rest assured that your personal injury claim will be handled with your long-term well-being in mind.
Every incident is different, and pedestrian accidents can involve cloudy circumstances, such as unclear fault or disputed liability. This is especially true in hit-and-runs, which account for up to 25% of pedestrian deaths (Insurance Institute for Highway Safety).
An experienced lawyer will be dedicated to investigating every aspect of your pedestrian accident claim. They’ll gather critical evidence, such as valuable witness statements, medical records, police reports, and accident scene photos.
Additionally, pedestrian accident lawyers often work with accident reconstruction experts who can provide valuable insights into how the accident happened. This thorough investigation ensures that all relevant factors are considered, which helps you build a stronger personal injury lawsuit for maximum compensation.
After a pedestrian car accident, you will likely have to interact with insurance companies, whether your own or the at-fault driver’s.
The truth is that insurance companies have one primary goal: to minimize payouts. They may try to pressure you into accepting a low settlement or argue that you are partly responsible for the accident.
In fact, KFF reported in 2023 that about a quarter (27%) of insured adults say there was a time in the past year when their health insurance paid less than they expected for a medical bill. About one in six say there was a time their insurance company did not pay anything for the care they received (and thought would be covered).
Without a personal injury lawyer on your side, you may find it challenging to stand up to shady tactics or lowball settlements.
Fortunately, pedestrian accident lawyers know how to handle tricky insurance companies. They’ll deal with the paperwork, the phone calls, and the negotiations while making sure that you’re not taken advantage of.
Insurance adjusters are trained to protect the company’s bottom line; a pedestrian accident lawyer is there to protect your best interests.
In pedestrian accident cases, damages can go beyond just medical bills and serious injuries. You might experience pain and suffering, emotional distress, and long-term physical limitations.
For example: according to a study from 2018, up to 22% of road traffic accident survivors experience post-traumatic stress disorder in the wake of their incident. Diagnoses like these might not incur high medical bills, but they certainly have a significant impact on victims’ lives.
A pedestrian accident lawyer understands how to accurately evaluate all aspects of your damages, including future medical care, lost wages, and reduced quality of life.
Attorneys are also skilled in calculating the full scope of damages and advocating for fair compensation that reflects your actual losses. If you attempt to pursue a pedestrian accident claim on your own, it’s easy to miss out on compensation for things like future treatments, physical therapy, or the impact of serious injuries on your career and lifestyle.
The aftermath of a pedestrian accident can be emotionally and physically draining. On top of dealing with serious concerns such as traumatic brain injuries or spinal cord injuries, you may be left with the burden of managing a legal claim.
Hiring an attorney allows you to shift the focus back to where it should be: on your health. Let your pedestrian accident lawyer handle headache-inducing paperwork and respond to aggressive insurance adjusters while you rest and recover.
There’s no reason to go down this path alone. Seek representation that makes you feel protected and supported while filing your claim.
In Wisconsin, pedestrians generally have the right of way at marked crosswalks and intersections, but they also have a duty to exercise caution. Drivers must yield to pedestrians in crosswalks, and pedestrians are required to obey traffic signals and avoid entering the roadway abruptly.
Wisconsin is a comparative negligence state, which means fault may be shared between the pedestrian and the driver. If a pedestrian is found partially at fault, their compensation may be reduced proportionally to their level of fault.
The legal consequences of hitting a pedestrian depend on the circumstances of the accident. Drivers who hit a pedestrian may face civil liability for medical expenses, lost wages, and pain and suffering if found at fault.
Additionally, if the driver was engaging in reckless behavior, such as speeding or driving under the influence, they could face criminal charges, including fines, license suspension, or imprisonment.
Even in cases without criminal wrongdoing, the driver’s insurance may be responsible for compensating the injured pedestrian.
Yes, most auto insurance policies provide coverage for accidents involving pedestrians. If a driver is at fault, their liability insurance will typically cover the injured pedestrian’s medical expenses, lost wages, and other damages.
In cases where the driver is uninsured or underinsured, the pedestrian’s own auto or health insurance may provide coverage, depending on the policy terms.
Victims should review their coverage options and consult with a pedestrian accident lawyer to confirm they receive the compensation they deserve.
The average payout for a pedestrian hit by a car in Wisconsin varies significantly depending on factors such as the severity of the injuries, the degree of fault assigned to each party, and the at-fault driver’s insurance policy limits.
Settlements for minor, common pedestrian accident injuries may range from a few thousand dollars. However, personal injury claims involving severe injuries, such as broken bones, spinal cord injuries, or traumatic brain injuries, can result in payouts of $100,000 or more.
A pedestrian accident lawyer will help assess your circumstances and make sure you pursue the full extent of your potential compensation.
Most of us might feel safe walking around Wisconsin cities and neighborhoods, but accidents can happen anywhere. NPR reports that 20 people are killed by a moving vehicle while walking in the U.S. every day, so all pedestrians should stay vigilant.
The aftermath of a pedestrian accident is more than just an inconvenience—it can change your life. If you or a loved one have been struck by a car, truck, motorcycle, or even a bicycle, now is the time to hire a lawyer.
Whether they’re handling the insurance companies, gathering evidence, or confirming you receive the full value of your damages, a pedestrian accident lawyer is an invaluable ally. Contact Mahony Law today for a free consultation. Our law firm is dedicated to fighting for injured pedestrians and making sure they receive the compensation they deserve.
Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.