6 Things to Know About Pedestrian Accident Lawsuits in Wisconsin

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.

Overview of Pedestrian Accidents in Wisconsin

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

1. Elements of a Pedestrian Accident Lawsuit

To establish a pedestrian accident in Wisconsin, four major principles need to be established:

A. Duty of Care

Other parties – namely motorists – have a “duty of care” to drive in a manner that keeps other people around them safe, including pedestrians.

B. Breach of Duty

Victims will need to prove the at-fault party breached their “duty of care” – and caused the injury.

C. Causation

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.

D. Damages

The damages suffered by the victim – which include physical, mental, and financial – need to be attributed to the accident.

2. Statute of Limitations in a Pedestrian Accident Lawsuit

Victims of pedestrian accidents in Wisconsin have three years to file a personal injury claim from the date of the incident.

3. Comparative Negligence Law in Wisconsin

The comparative negligence rule means fault can be shared amongst the parties involved based on their contribution to the accident.

4. Gathering Evidence

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

5. Role of Insurance Companies

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.

6. Compensation for Pedestrian Accident Victims

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.

Hiring an Experienced Pedestrian Accident Attorney

A skilled attorney will make sure you receive fair compensation for your injuries, so you can focus on getting your life back in order.

Looking for more?

Read the full post to learn more about pedestrian accidents in Wisconsin.

Have Questions?

Get in touch with Mahony Law to schedule a FREE consultation.