Getting hit by a car while enjoying an afternoon stroll is one of those things you don’t think will ever happen to you. But if it does, the outcome can be catastrophic. Unlike motorists, pedestrians are totally exposed, so when a collision occurs, your injuries are much more likely to be disabling and even fatal.

To make matters worse, you’ll likely encounter resistance from the at-fault driver’s insurance company. These providers are supposed to pay fair compensation when an accident occurs. Still, at the end of the day, they’re a business, and they won’t make it easy to collect the pedestrian accident settlement you’re entitled to. If this happens to you, Nowlan Personal Injury Law is ready to step in and fight for justice.

Why Hire Us for Your Pedestrian Accident Case in Wisconsin?

You’ve got one shot to get financial compensation for your medical bills, lost wages, property damage, and other losses. Once you settle your case, that’s it; you can’t revisit your pedestrian accident claim when your injuries turn out to be worse than you initially thought. This is why insurance companies pressure you to settle fast and for way less than your case is actually worth. It’s also why you need a personal injury attorney who knows how to fight back.

• Our Track Record is Solid: Our pedestrian accident attorneys have recovered over $74 million for injured clients. We secured a $1.4 million verdict for a pedestrian who suffered neck injuries after being struck by a car. When insurance companies see our track record, they know we mean business and that we’re prepared to take a case to trial if necessary.
• We Know How Insurance Companies Think: Attorneys Steve Caya and Evan Tenebruso both worked for insurance companies before switching sides to represent accident victims. That insider knowledge gives us a big advantage because we know exactly what they’ll do to minimize your settlement check and can react accordingly.
• You Pay Nothing Unless We Win: We handle all pedestrian accident cases on a contingency fee basis, so you don’t pay attorney fees unless we recover money for you. We also advance all case expenses – expert witness fees, medical record costs, court filing fees – so you don’t have to worry about upfront costs while you’re trying to heal.
• We Build Cases That Win: Our legal team thoroughly investigates every pedestrian accident. We analyze the accident scene, interview witnesses, and work with reconstruction experts when needed. We bring in medical experts to document the full extent of your injuries and what they’ll mean for your future. This detailed approach helps us build cases that insurance companies can’t easily dismiss.
• We’re Not Afraid of Court: Insurance companies offer better settlements when they know you’re willing to go to trial. We’re experienced trial lawyers who have successfully represented clients in both state and federal courts. When adjusters see we’re prepared to let a jury decide your case, settlement offers tend to get a lot more reasonable.

Damages Available in Pedestrian Accident Cases

When you’re injured in a pedestrian accident, you can seek maximum compensation for a wide range of economic and non-economic damages. They include:

• Medical Expenses: This includes current and future treatment costs, such as emergency room visits, surgeries, hospital stays, rehabilitation therapy, prescription medications, and assistive medical devices.
• Lost Wages and Income: You can demand financial compensation for time missed from work during recovery, reduced earning capacity due to permanent disabilities, and lost business income (for self-employed individuals).
• Pain and Suffering: These damages address the physical discomfort, emotional trauma, anxiety, depression, and reduced quality of life caused by the accident and resulting injuries.
• Disability and Disfigurement: Additional compensation may be appropriate when injuries result in permanent physical limitations, scarring, or changes in appearance that affect your daily life and relationships.
• Loss of Enjoyment of Life: You can pursue damages for your inability to participate in hobbies, sports, and other activities that previously brought pleasure and fulfillment to your life.
• Property Damage: This involves reimbursement for damaged clothing, personal items, and any assistive devices that were destroyed in the accident.

Who Pays Your Compensation in a Pedestrian Accident Claim?

You’re probably wondering where the money actually comes from when you win a pedestrian accident case. Most of the time, it’s pretty straightforward, but things can get tricky when the driver doesn’t have insurance or doesn’t have enough coverage to pay for your damages.

• The Driver’s Insurance Company: In most cases, you’ll be dealing with the at-fault driver’s auto insurance company. Wisconsin requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury coverage. When the driver who hit you has insurance, their company will handle your claim and pay any settlement or court judgment up to their policy limits. This is usually the smoothest path to getting compensated.
• Uninsured Motorist Coverage: Unfortunately, not everyone follows the law and carries insurance. When an uninsured driver hits you (or they take off without stopping), you can still recover compensation if you have uninsured motorist coverage on your own auto policy. This coverage is optional in Wisconsin, but it’s a lifesaver when you need it. If you don’t have a car or don’t carry this coverage, you might have to sue the driver personally for their assets (if you locate them).
• Underinsured Motorist Coverage: Sometimes the driver has insurance, but not nearly enough to cover your damages. If your medical bills and other losses exceed their policy limits, you can tap into your own underinsured motorist coverage to make up the difference. For example, if the driver only has $25,000 in coverage but your damages are $100,000, your underinsured coverage can help bridge that gap.

Some pedestrian accidents involve more than one vehicle or other potentially liable parties, like a city with poorly maintained crosswalks or a construction company with inadequate traffic control. In these cases, you might be able to collect from multiple insurance policies, which can increase your total compensation significantly.

What to Do After a Pedestrian Accident

If you’ve just been struck by a motor vehicle, you’re probably shocked, confused, and in pain. However, your actions immediately after the accident can affect the success of your pedestrian accident claim. When possible, take the following steps, asking for help if necessary.

• Seek Immediate Medical Attention: Get medical care right away, even if you feel fine initially. Some serious injuries, like internal bleeding or brain trauma, may not show symptoms immediately, and having medical records from day one makes your case stronger.
• Call the Police: Report the accident to law enforcement so they can document the scene, interview witnesses, and create an official police report that you can use as evidence when you’re ready to file your insurance claim.
• Document the Scene: If you’re able, take photos of the accident location, your injuries, the vehicle involved, and any traffic signs or signals that may be relevant to proving the driver was at fault.
• Gather Information: Collect the driver’s name, contact information, insurance details, and license plate number. Get contact information from any witnesses who saw the accident occur.
• Avoid Making Statements: Don’t admit fault or make detailed statements to the at-fault party or their insurance adjusters without consulting a Wisconsin pedestrian accident lawyer first. These statements can and will be used against you later to reduce your settlement.
• Keep Detailed Records: Save all medical bills, prescription receipts, and documentation of missed work days. Keep a journal of your pain levels and how your injuries affect your daily activities.
• Contact a Pedestrian Accident Lawyer: Reach out to an experienced pedestrian accident lawyer as soon as possible to protect your rights and begin building a strong compensation case.

Wisconsin Pedestrian Laws and Rights

Wisconsin Statute 346.23 grants pedestrians the right-of-way on marked crosswalks and at intersections where no traffic control signals exist. However, pedestrians are also expected to exercise reasonable care and not suddenly enter the path of oncoming vehicles.

Municipal ordinances in cities like Janesville, Beloit, and Sun Prairie have additional pedestrian safety requirements. For example:

• Janesville: Pedestrians who begin crossing during the “WALK” phase have the right-of-way, even if the signal changes to “DON’T WALK” while they are still in the crosswalk. 
• Beloit: In school zones, pedestrians must cross streets at crosswalks or intersections with crossing guards whenever possible.
• Sun Prairie: The municipal code specifies that pedestrians must use the right half of crosswalks when crossing, whenever practicable. 

Many accidents occur because the pedestrian was jaywalking. While jaywalking is not explicitly illegal in Wisconsin, pedestrians are required to yield the right-of-way to vehicles when crossing outside of marked or unmarked crosswalks. However, drivers also have a duty to exercise reasonable care, which includes being attentive and avoiding collisions with pedestrians when possible. 

When it comes to accident liability, Wisconsin follows a “modified comparative negligence” rule. Under this system, you can recover damages as long as your share of fault for the accident is not greater than the combined fault of all other parties involved. In other words, if you’re found to be 50% or less at fault, you may still receive compensation, but it will be reduced by your percentage of fault. If you’re found to be 51% or more at fault, you’re barred from recovering any damages, which is why it’s so important to speak to an experienced lawyer after your accident.

Common Causes of Pedestrian Accidents in Wisconsin

Most pedestrian accidents happen because drivers make poor choices or don’t pay attention to the road. In most instances, these aren’t “unavoidable accidents” – they’re preventable crashes that occur when someone is being careless behind the wheel. Common causes include:

• Distracted Driving: Drivers who text, make phone calls, or mess with their GPS systems often fail to see pedestrians in crosswalks or on sidewalks. This type of negligence has exploded as smartphone use continues to rise among motorists.
• Drunk or Impaired Driving: Alcohol and drug impairment slow reaction times and cloud judgment, making it difficult for drivers to stop when they see pedestrians. These accidents often happen during evening hours when visibility is already reduced.
• Failure to Yield Right-of-Way: Many drivers rush through yellow lights or make turns without checking for pedestrians who have the legal right to cross at intersections and crosswalks.
• Speeding: Excessive speed in residential neighborhoods and school zones prevents drivers from stopping in time to avoid striking pedestrians, and makes injuries much worse when collisions occur.
• Poor Weather Conditions: Snow, ice, and reduced visibility during Wisconsin winters make it difficult for drivers to see pedestrians and maintain control of their vehicles. If they’re not paying careful attention, they can easily strike someone walking near the road.
• Inadequate Lighting: Poorly lit streets and construction zones create dangerous conditions where drivers can’t see pedestrians walking along the road until it’s too late to avoid a collision. 

Types of Injuries in Pedestrian Accidents

When a 3,000-pound vehicle hits a human body, the results are often catastrophic. You don’t have airbags, crumple zones, or seat belts to protect you, so the impact can cause devastating injuries that include:

• Traumatic Brain Injuries: When your head hits a vehicle or the pavement, it can cause concussions, brain bleeding, and permanent cognitive damage. These injuries can affect your memory, personality, and ability to work or maintain relationships.
• Spinal Cord Injuries: The tremendous force involved in pedestrian accidents can damage your spinal cord. Depending on where the injury occurs, you could suffer partial or complete paralysis that requires lifelong medical care and assistance with daily activities.
• Broken Bones and Fractures: Hip fractures, leg breaks, arm injuries, and rib fractures often require multiple surgeries and extended recovery periods that keep you out of work for months.
• Internal Organ Damage: Blunt force trauma can cause internal bleeding, organ rupture, and other life-threatening conditions that may not be immediately apparent after the accident but can be fatal if not treated quickly.
• Soft Tissue Injuries: Torn ligaments, muscle damage, and joint injuries can cause chronic pain and reduced mobility that affect your daily activities and ability to work or enjoy life.
• Lacerations and Road Rash: Contact with the pavement and vehicle parts can cause severe cuts, burns, and scarring that may require plastic surgery and leave permanent disfigurement.

Speak to a Wisconsin Pedestrian Accident Lawyer Now

Many pedestrian accident injuries have long-term consequences that aren’t immediately apparent. The experienced attorneys at Nowlan Personal Injury Law can evaluate the full extent of your damages and secure fair compensation for both your current and future needs.

If you’ve been injured or lost someone you love, contact us today. We’ll review what happened, explain your legal options, and help you understand what compensation you may be entitled to. For more information or to schedule a free initial consultation with a personal injury lawyer, call us today or fill out our online contact form now. We represent clients in Janesville, Beloit, Sun Prairie, and across Wisconsin.

• Record & preserve evidence of your injury and the accident

Evidence is the most important factor of determining liability. The other party’s insurance and legal team will do whatever they can to prove your fault.

• Seek medical attention

Get medical treatment even if you’re not sure the extent of your injuries.

• Document your expenses

Tally a complete list of your financial losses due to your injuries is the best way to help determine the settlement you deserve.

• Do not talk to the other bus driver’s insurance company

After your claim is filed, their insurance will begin an investigation to determine liability. It is in their best interest to
put any percentage of fault they can on innocent victims. They will use whatever they can from your conversations to do so. Leave any contact with them to your experienced attorney.

• Hire a personal injury lawyer

Insurance companies want a quick settlement and will likely offer you a low offer. They’re hoping you don’t hire an experienced personal injury attorney like myself. My reputation among insurance companies precedes me, and I will help ensure no stone is left unturned to get you the compensation you deserve.

• Negotiate a settlement

Though difficult in some cases, it is important to remain patient and allow your lawyer to negotiate the best possible settlement. Insurance companies will do what they can to get you to quickly accept their first offer, even more so if you are experiencing financial hardships and need that money quickly. My experienced personal injury team, led by me, will fight for every dollar you deserve.