Wisconsin Pedestrian Accident Lawyer
Every time pedestrians and motor vehicle traffic interact, there is a risk of a collision. A pedestrian accident is when a person on foot or in a wheelchair collides with a vehicle, sustaining injuries or death. If injured as a pedestrian, you may be entitled to compensation for medical bills, lost earnings, disability, pain and suffering, and other damages.
The pedestrian accident attorneys at the Injury Lawyer Team are experts in securing the highest compensation for crash victims. Our personal injury lawyers have a successful track record in cases across Milwaukee, Wisconsin.
We work on a contingency fee basis, meaning you won’t pay fees until our pedestrian accident lawyers win your case.
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Contact our Wisconsin pedestrian accident lawyers to schedule a free consultation. All confidential or sensitive information shared with your Wisconsin pedestrian accident lawyer remains private through an attorney-client relationship.
How Often Wisconsin Sees Pedestrian Accidents: Recent Statistics
According to the Wisconsin Department of Transportation, on average 53 pedestrians are killed and 1,300 are injured in crashes every year in Wisconsin.
In the year 2020, approximately 1,099 Wisconsin crashes involved pedestrians, of which 50 were killed and 1,049 people were injured. Meaning, one walker was injured or killed every 7.9 hours that year.
Of the 1,049 pedestrian-involved injury crashes, 134 (12%) involved either an impaired (under the influence of drugs or alcohol) walker or driver. Of the 50 pedestrian-involved fatal crashes in 2020, 30% of accidents involved an impaired walker or driver.
Most pedestrian crashes occur between 3 p.m. and 6 p.m. because of driver and walker fatigue and inattentiveness. Pedestrians ages 15 to 24 are vulnerable to accident injuries. Older pedestrians in Wisconsin are more likely to die when involved in a traffic crash.
In 2022, Wisconsin recorded 1,324 vehicle-pedestrian crashes, causing 72 pedestrian fatalities as reported by the Wisconsin DOT. These numbers reached a 40-year high according to the Governors Highway Safety Association.
Milwaukee, Wisconsin’s largest city, is experiencing a growing issue with pedestrian fatalities, with around 17 deaths per year from 2018 to 2022, marking a 56 percent increase from previous figures.
In 2023, Milwaukee reported 21 pedestrian deaths, a significantly higher number compared to any other county, according to preliminary data from the DOT.
Top Contributing Factors of Wisconsin Pedestrian Accidents
The Governors Highway Safety Association report said reckless driving, lack of infrastructure and prevalence of larger and heavier vehicles contribute to an average of 20 pedestrian fatalities each day. The GHSA report also found that in the last decade, the number of pedestrian deaths because of SUVs increased by 120 percent, while deaths involving passenger cars rose by 26 percent.
While many different factors like distracted driving, driver inattention, alcohol impairment, or bad weather can contribute to most traffic crashes, here are the main causes of pedestrian accidents:
- Speeding – Drivers exceeding the speed limit have reduced reaction time to pedestrians. The Insurance Institute for Highway Safety reports that pedestrians struck by cars traveling at 48 miles per hour have a 90 percent likelihood of experiencing severe injuries.
- Poor Visibility – The National Safety Council (NSC) reports that two-thirds of pedestrian fatalities occur in dark conditions. Adverse weather conditions like heavy rain, fog, or snow are some of the causes of pedestrian accidents.
- Intoxication – Drivers or motorists under the influence of drugs or alcohol can have slower reaction times and poor judgement, resulting in Wisconsin pedestrian accidents. The NSC estimates that 41 percent of all fatal pedestrian accidents involved alcohol impairment.
- Failure to Yield: Drivers not giving pedestrians the right of way at crosswalks or intersections can lead to fatal Wisconsin pedestrian accidents. For instance, a driver turns right at an intersection without checking for pedestrians in the crosswalk. Several reports say that most pedestrian crashes happen when motor vehicle drivers fail to notice pedestrians in an intersection or on the roadway.
- Jaywalking – Jaywalking is one of the main causes of pedestrian accidents. It refers to pedestrians crossing streets or highways against traffic signals or outside designated crosswalks. Depending on factors like traffic speed, driver alertness, and carelessness, Wisconsin traffic crashes involving jaywalking can result in severe pedestrian accident injuries for both drivers and walkers.
- Lack of Pedestrian Infrastructure – When there are no sidewalks, pedestrians have no choice but to walk in the streets, increasing the risk of collisions with oncoming vehicles. Many areas in Wisconsin lack crosswalks, speed bumps and other infrastructure designed to protect pedestrians.
Understanding Wisconsin Pedestrian Laws
A 2022 study from a Milwaukee law firm shows that five of Wisconsin’s nine deadliest roads are in Milwaukee.
In Wisconsin, motor vehicle drivers are mandated to exercise caution around pedestrians and take all necessary measures to avoid collisions. Understanding these laws is essential for both motorists and pedestrians to ensure safety on the roads.
Here are key pedestrian laws in Wisconsin as stated by the Wisconsin Department of Transportation:
- Motorists must yield to pedestrians in both marked and unmarked crosswalks, even if there are no traffic control devices.
- Pedestrians crossing outside designated areas must yield to vehicles.
- Pedestrians shouldn’t suddenly “dart out” or enter the roadway without giving vehicles enough time to stop.
- Pedestrians walking along roads should stay on the left side, facing oncoming traffic, and move to the edge of the shoulder when a vehicle approaches.
- Motorists must yield to pedestrians entering a driveway or alley.
- Pedestrians and cyclists must obey all traffic signals, signs, and crossing guards.
- Vehicles must not pass stopped vehicles allowing pedestrians to cross.
- A pedestrian walking along a road without sidewalks must stay on the left side.
If you have been involved in a Wisconsin pedestrian accident, schedule a free consultation with our law firm’s knowledgeable pedestrian accident lawyer. We work with accident reconstructionists, medical experts, financial advisors, and safety experts who help us to seek compensation for your injuries.
Wisconsin Statute of Limitations
Under Wisconsin law, the statute of limitations for pedestrian accidents is three years from the accident date. This means that the plaintiff must file a civil lawsuit or claim to recover damages for any medical, property, or personal injuries within three years of the accident or injury date.
Surpassing these three years means your personal injury claim won’t be acceptable to an insurance company or legal courts, regardless of its merit. Hence, contact a skilled pedestrian accident attorney as soon as possible to file a lawsuit before the statute of limitations runs out.
How to Prove Liability for Wisconsin Pedestrian Accidents?
Wisconsin is known as an at-fault auto insurance state. That means the at-fault party will be liable for accident-related expenses suffered by the injured pedestrian. To seek compensation for the losses incurred by the pedestrian crash, you and your attorney will have to prove negligence by establishing:
- The motorist owed you a duty of care
- The duty of care was breached by the motorist
- The breach of duty by the motorist caused the pedestrian accident that led to your injuries
- As a result, you suffered economic and non-economic damages, such as medical bills, lost wages, emotional and mental anguish
An experienced pedestrian accident attorney can investigate the facts of your injury case and prove them with strong evidence to secure a favorable outcome.
What if I’m Partially at Fault for the Pedestrian Crash in Wisconsin?
If you are partially at fault for a pedestrian crash in Wisconsin, it could impact your ability to recover damages. In Wisconsin, the modified comparative fault rule applies, with a 51% threshold. This means that victims of Wisconsin pedestrian accidents can pursue damages for their injuries if the other party bears most of the fault (51% or more) for the accident. However, the amount of compensation that you may recover will be reduced based on your percentage of fault.
Under Wisconsin’s modified comparative fault system, if a pedestrian accident victim is determined to be, for instance, 55% at fault for the crash, they will be completely barred from seeking damages. It’s essential to consult with a pedestrian accident lawyer to understand your rights and options in such a situation.
What Damages Can I Recover in a Wisconsin Pedestrian Accident Claim?
In Wisconsin pedestrian accidents, compensatory damages fall into two categories: economic damages to cover monetary expenses and non-economic damages to recompense mental and emotional suffering. Economic damages are easy to measure whereas non-economic ones are subjective and difficult to translate into monetary amounts.
A negligent driver causing the pedestrian accident will recover for:
- Present medical costs
- Ongoing medical expenses for long-lasting or permanent disabilities
- Travel expenses
- Lost wages
- Future income loss
- Legal or attorney fees
- Emotional distress, including pain and suffering
- Loss of companionship and parental guidance
- Loss of limb functionality
- Wrongful death compensation if filed a lawsuit on behalf of a deceased loved one
Punitive damages may be awarded if the at-fault driver demonstrates severe negligence or recklessness, such as driving while distracted or impaired by alcohol or drugs. These types of damages are meant to set an example for other drivers and prevent further negligence.
How the Injury Lawyer Team Will Help You Seek Compensation
After a Wisconsin pedestrian accident, seeking financial recovery for your medical expenses, lost income, and emotional stress is crucial. A seasoned pedestrian accident lawyer at the Injury Lawyer Team helps by building a robust case determining the negligence of the other party.
They gather vital evidence like medical records, photos, witness accounts, police reports, and accident reconstruction expert reports to prove your claim. In addition to gathering evidence, injury lawyers negotiate with the insurance company on your behalf, ensuring you receive fair compensation. They also handle all legal procedures and paperwork, allowing you to focus on recovery.
With their knowledge of Wisconsin’s pedestrian laws, they ensure accident victims obtain a successful claim. If you are involved in a pedestrian crash due to a negligent driver, hire an experienced pedestrian accident attorney to seek the compensation you deserve.
Schedule a Free Consultation With an Experienced Pedestrian Accident Lawyer
Many Wisconsin pedestrian accidents result from driver negligence. When drivers fail to follow traffic laws, pedestrians suffer from serious pedestrian accident injuries like traumatic brain injury, bone fractures, burns, nerve damage, organ damage, skin abrasions, and other common injuries or even death.
Did you or a loved one get injured or killed by a motor vehicle collision? If so, the pedestrian accident lawyers at the Injury Lawyers Team, sponsored by Rosenfeld Law Offices, can fight your legal rights in Milwaukee, Wisconsin.
We accept all pedestrian accident cases on a contingency fee basis, meaning you pay no upfront fees until our injury lawyers secure compensation for your monetary damages.
Call our pedestrian accident attorneys today at (888) 424-5757 for a free consultation. All confidential or sensitive information shared with our legal team will remain private under an attorney-client relationship.