Pedestrian accidents can happen in the blink of an eye – and the results can be catastrophic. If you were the victim of a pedestrian accident, the law is on your side. Here’s how it all works.
The most common causes of pedestrian accidents include: · Distracted drivers · Reckless drivers · Drivers under the influence of drugs/alcohol · Bad weather · Vehicles making aggressive left turns · Pedestrians wearing dark clothes at night · Road construction · Poor road conditions
To establish a pedestrian accident in Wisconsin, four major principles need to be established:
Other parties – namely motorists – have a “duty of care” to drive in a manner that keeps other people around them safe, including pedestrians.
Victims will need to prove the at-fault party breached their “duty of care” – and caused the injury.
Victims need to prove the breach of duty caused the accident. For instance, if the driver ran a red light and struck the victim, there will need to be evidence of this.
The damages suffered by the victim – which include physical, mental, and financial – need to be attributed to the accident.
Victims of pedestrian accidents in Wisconsin have three years to file a personal injury claim from the date of the incident.
The comparative negligence rule means fault can be shared amongst the parties involved based on their contribution to the accident.
You’ll need to gather the following information: - The police report - Any photos/videos of the scene - Witness statements - Medical records - Surveillance footage - Accident reconstruction - Personal testimonies
Insurance companies will negotiate tooth and nail to minimize your payout for medical expenses, lost wages, and other damages. You need a skilled attorney to fight for fair compensation.
– Economic damages : quantifiable costs including medical bills, estimates for future medical treatment, lost wages, and property damage. – Non-economic damages : non- monetary losses, such as pain and suffering, emotional distress, and reduced quality of life. – Punitive damages : intended to punish the at-fault party for recklessness.
A skilled attorney will make sure you receive fair compensation for your injuries, so you can focus on getting your life back in order.
Read the full post to learn more about pedestrian accidents in Wisconsin.
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