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Pedestrian accidents are extremely common – and they can happen without a moment’s notice.
Most are caused by car accidents. Unlike a vehicle, pedestrians don’t have metal walls protecting them – and the risk of serious injury is extremely high. Knowing what to do after a pedestrian accident is not always clear, especially if you are facing serious injuries.
The good news is the law is on your side. If the accident was caused by another party, you may be eligible for compensation in a pedestrian accident case.
In this post, we want to explain six major pieces of information victims need to know about seeking justice. Let’s get going.
The results of these accidents can be devastating. In 2021, there were more than 7,000 fatalities stemming from pedestrian accidents, and they account for 17 percent of all car crash fatalities. As a Wisconsin pedestrian accident attorney, we get a first-hand view of the aftermath of these incidents, which are most commonly caused by:
In most cases, pedestrian accidents involve severe injuries that require extensive medical treatment, lost wages, reduced quality of life, and more. If you’ve been injured by a negligent driver – or any other at-fault party – you should not face financial ruin and crippling injuries on your own.
When you speak to a pedestrian accident attorney, they will help you fight for fair compensation. To make the most of this effort, victims should have a basic understanding of the law.
Every pedestrian accident is unique. But to establish a valid pedestrian accident lawsuit in Wisconsin, several principles must be established with tangible proof, these include,
All motorists have a “duty of care” with pedestrians. In a nutshell, this duty means they are required to drive in a manner that keeps other people around them safe, including pedestrians. This includes abiding by speed limits, following Wisconsin traffic laws, and paying attention on the road.
To establish a personal injury claim after a pedestrian accident, the victim will need to prove the motorist (at-fault party) breached this duty of care – and caused the injury. This breach could be attributed to negligence, such as distracted driving, speeding, driving under the influence, failing to yield the right of way to pedestrians, and so on.
In addition to proving the at-fault party breached their duty of care, victims will also need to prove this breach led to the accident – and resulted in injuries. For instance, if the driver ran a red light and struck the victim, there will need to be clear evidence of this.
The damages suffered by victims – which include physical, mental, and financial – need to be chalked up to the accident. In a pedestrian accident, this generally includes medical bills incurred, lost wages, emotional anguish, reduced quality of life, and so on.
To produce a valid personal injury claim, you will need to gather evidence proving how all these principles factor into your situation. Your pedestrian accident attorney will help you manage this process.
The statute of limitations for pedestrian accidents in Wisconsin is three years from the date of the incident.
In essence, this means you have three years to file a personal injury claim against the at-fault party to seek compensation. The courts will likely throw out a case if it was filed after this timeframe.
But why would you want to wait to file a personal injury claim after a pedestrian accident?
There are some scenarios when waiting to file a claim is appropriate. For example, if the victim was a minor at the time of the accident, they may choose to wait until they turn eighteen.
Another instance may be if the victim doesn’t discover the extent of the injury until later. Some injuries can take days – or weeks – to show full symptoms. Generally speaking, it’s best to file a pedestrian accident claim with a personal injury attorney as soon as possible after the accident. The longer you wait, the more difficult it may become to earn maximum compensation.
Wisconsin personal injury law operates under a comparative negligence rule. This means fault can be shared amongst the parties involved in the form of a percentage.
For example, let’s say a pedestrian gets hit crossing a busy road. The driver was driving under the influence of alcohol and was speeding. However, the pedestrian hit was jaywalking before the crosswalk turned green.
The ruling may put the driver 85% at fault and the pedestrian 15% at fault. If the total payout to the pedestrian is $100,000, the driver would only be liable for $85,000.
Now, if the victim (plaintiff) is found to be more than 50% at fault, they will not be able to recover compensation for any damages.
In a pedestrian accident claim – or any personal injury claim – your case is only as strong as the evidence you provide. As a baseline, you’ll need to gather/organize the following:
After the accident, you will need to get the authorities on the scene. Law enforcement will document the accident, create a report, and submit it to the Wisconsin Department of Transportation. This is the first item you’ll need.
If possible in the immediate aftermath of the accident, try to capture pictures or videos of the scene, including the vehicle(s) involved, road conditions, signage, injuries, and more. Later on, your personal injury attorney may request traffic camera footage to help document the accident.
Try to gather the contact information of anyone who saw the accident happen – as they may be required to give a statement later on.
These documents will come from a licensed doctor detailing the injuries sustained, treatment provided, cost of medical care, and projected future medical costs (estimates).
If the pedestrian accident occurred near a business or residence, you may request surveillance footage if they had cameras installed.
In some cases, the incident may require an accident reconstructionist to replicate the events that led to the collision. This will be critical evidence in the personal injury claim.
This one is on you. You will need to provide a factual account of the accident, the injuries sustained, and how your life has been impacted.
The more concrete evidence you provide, the better pedestrian car accident settlement you stand to earn. When you hire a personal injury lawyer, they will guide you as to what evidence you’ll need to build the case – and will manage the process of obtaining it and building the claim.
In a pedestrian accident, the at-fault party doesn’t typically pay the victim out of their own pocket – their insurance company will be liable.
Insurance companies have no intention of paying victims fair pedestrian accident settlements. These companies are obligated to protect their bottom line. They will negotiate tooth and nail to minimize their payout for medical expenses, lost wages, and other damages. After the accident, there will be a claim filed with the at-fault party’s insurance company. The company will send an insurance adjuster to investigate the details of the accident. This process usually involves reviewing the police report, inspecting the scene of the accident, analyzing medical records, and interviewing witnesses.
From here, the insurance company will determine the at-fault party’s degree of liability – and make an initial settlement offer. The initial offer is usually much lower than what the victim needs to cover their costs.
Enter a pedestrian accident lawyer.
The accident attorney will fiercely represent the victim and negotiate with the at-fault party’s insurance company for rightful compensation.
Pedestrian accident lawsuits involve various types of damages.
Economic damages – also referred to as special damages – involve quantifiable costs including medical bills, estimates for future medical treatment, lost wages, and property damage.
Non-economic damages – or general damages – are more subjective. These are intended to compensate for non-monetary losses, such as pain and suffering, emotional distress, and reduced quality of life.
In pedestrian accident lawsuits, the victim may pursue punitive damages if the at-fault party was overly reckless. For example, if the at-fault party hit the victim on purpose, these damages would be intended to punish the wrongdoer and discourage similar behavior in the future. When you work with a pedestrian accident attorney, they will help you add up every single damage you may be eligible for – leaving no stone unturned.
Hiring the right pedestrian accident lawyer is the most important part of the process.
For one, they will help you gather and organize all the evidence needed to build a case. Second, they will accurately assess all your damages and factor them into the personal injury claim. Lastly – and most importantly – they will manage the negotiation process with insurance companies.
These companies will not likely negotiate with you if you don’t have an attorney. You will probably end up with a lowball settlement (if anything at all). If the insurance company won’t agree to a reasonable pedestrian accident settlement, you may take the at-fault party to court – and your attorney will manage the entire legal process.
All in all, your attorney will make sure you receive fair compensation for your injuries, so you can focus on getting your life back in order.
If you’ve been injured in a pedestrian accident, you are not alone in the fight to recover fair compensation. Your primary goal after this incident is to focus on recovery – your personal injury attorney will manage all the legal processes and negotiations to make sure justice is served.
At Mahony Law, we work with victims of pedestrian car accident cases in Wisconsin – and have managed hundreds of similar cases. We offer FREE consultations to understand the depth of your situation, educate you on the basics of the law, and determine the next steps. Get started today by calling our office at 262-331-3553, send an email to info@mahonylaw.com, or fill out an online form to get started.
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.
