By Maddie Lynch, Lead Paralegal, Serving Southern Wisconsin
October brings changing leaves, cooler temperatures, and shorter days across Wisconsin. It also reminds drivers and pedestrians to pay closer attention to road safety.
As daylight fades, morning and evening commutes can become harder to navigate. Drivers face reduced visibility, while pedestrians, whether school children, morning joggers, or evening commuters, are harder to see in dim light, rain, or fog.
According to the Wisconsin Department of Transportation’s 2024 Wisconsin Traffic Crash Facts, October recorded 171 pedestrian-involved crashes statewide, including four fatal crashes and 154 injury crashes. While crash totals vary from year to year, the fall season consistently brings heightened risk.
When a vehicle strikes a pedestrian, the physical and financial consequences are immediate and severe. As a lead paralegal on our personal injury trial team, I work side by side with Steve Caya and our team to help injured individuals and their families navigate the aftermath of a crash. My role is to bring a practical, human perspective to every case, ensuring we don’t miss details and our clients feel protected every step of the way.
Here is what you need to know about seasonal risks, Wisconsin pedestrian laws, and protecting your rights after an accident.
Why Is Pedestrian Safety Important During October?
Fall creates a “perfect storm” of road conditions that require extra alertness from everyone sharing the road:
- Shorter Days and Low-Light Commutes:Sunrise arrives later and sunset earlier. Commuters and students often walk during twilight or darkness. Rain, fog, and headlight glare further reduce a driver’s ability to spot someone on foot.
- School Zone Activity:October is in full swing for the school year. Children are often smaller, less visible, and less experienced at judging how fast approaching vehicles are. Drivers must slow down, eliminate distractions, and expect the unexpected near bus stops and crosswalks.
- Wet Leaves and Slick Roads:Wet autumn leaves act like ice on pavement, significantly increasing a vehicle’s stopping distance. A driver traveling at a normal speed might take much longer to stop when approaching a crosswalk.
Maddie’s Practical Safety Tip: We see distracted driving claims every day, and phone use is at an all-time high. A quick, practical test I always share: when you’re driving, pretend the person walking across the street or riding a bike is your own child or someone you love deeply. That simple mental check makes it much easier to put the phone down and stay completely focused.
Immediate Steps After Hitting a Deer
The moments following an impact can be disorienting, but taking systematic action is essential for your safety and any future claims:
- Pull Over Safely:Move your vehicle off the road, activate your hazard lights, and stay inside your car if you are on a busy highway or rural road with low visibility.
- Never Approach an Injured Animal:A frightened, injured deer can cause severe physical harm with its hooves and antlers.
- Call Local Law Enforcement:Report the incident to the local sheriff’s department, state patrol, or local police. In Wisconsin, law enforcement documentation creates an official record of the time, location, and conditions of the crash.
- Document the Scene:Take detailed photographs of your vehicle’s damage, the surrounding roadway, skid marks, and any visible injuries.
- Seek Prompt Medical Attention:Adrenaline often masks symptoms of whiplash, concussions, or internal trauma. Seeing a doctor immediately ensures your health is protected and creates a direct medical record linking your injuries to the accident. If you’ve been hurt, speaking with an experienced Wisconsin personal injury attorney can help you understand your legal options.
What Does Wisconsin Law Say About Pedestrian Right-of-Way?
Determining who is legally responsible for a crash requires analyzing specific traffic laws:
Rules at Signal-Controlled Crosswalks
Under Wis. Stat. § 346.23, drivers must yield to pedestrians who have started crossing on a green light or an authorized pedestrian signal. Drivers making turns at controlled intersections must avoid endangering or interfering with pedestrians lawfully in the crosswalk.
Rules at Uncontrolled Crosswalks
Under Wis. Stat. § 346.24, drivers must yield to pedestrians crossing in marked or unmarked crosswalks when signals or an officer don’t control traffic. Crucially, the law prohibits drivers from passing a vehicle that has stopped at a crosswalk to let someone cross.
Pedestrians also have responsibilities: they cannot suddenly step off a curb into the path of an oncoming vehicle so close that the driver cannot yield.
Understanding Liability and Comparative Negligence in Wisconsin
A collision alone does not automatically assign fault. Investigators evaluate police reports, physical vehicle damage, witness statements, and video footage to determine what happened.
If you were partially at fault for an accident- for example, if you were crossing outside a marked crosswalk- you may still be eligible to recover compensation.
Wisconsin operates under a modified comparative negligence rule (Wis. Stat. § 895.045):
- You can recover financial compensation as long as your percentage of fault is not greater thanthe driver’s fault.
- Your percentage of fault reduces your compensation. For example, if your total damages are $100,000 and a jury finds you 20% responsible, you would recover $80,000.
What to Do After a Pedestrian Crash: The First Steps
If you or a family member is struck by a vehicle, taking organized steps immediately will protect both your health and your legal claim:
- Get Medical Attention Immediately:Call 911 and have medical professionals evaluate you right away, even if you feel okay at first. Some serious trauma (like internal bleeding or head injuries) may not show immediate symptoms.
- Report the Crash:Ensure law enforcement completes an official crash report.
- Preserve Scene Evidence:Take photos of vehicle damage, physical injuries, crosswalk markings, weather conditions, and traffic signals. Obtain contact details for any eyewitnesses.
- Document Wage Loss & Expenses:Keep meticulous records of all medical bills, prescription costs, and missed work shifts.
A Note on Documenting Wage Loss: In our practice, one of the most common delays in resolving personal injury claims involves lost wages, especially for self-employed individuals or those with non-traditional income. Keep clear, written financial records. If you work for an employer, always communicate missed workdays and doctor appointments via email to HR or your manager to create a clear paper trail explaining why you missed work.
How Long Do You Have to File a Claim?
In Wisconsin, the statute of limitations for most personal injury actions arising from a motor vehicle accident is three years from the date of the injury under Wis. Stat. § 893.54.
However, shorter deadlines and strict notice requirements apply if the crash involves a government entity or municipal vehicle (like a city bus or public works truck). Waiting too long can permanently bar your right to recovery.
You Don’t Have to Navigate This Alone
A serious pedestrian injury impacts every corner of your life- your health, your family, your work, and your financial security. At Nowlan Law, we view legal representation as a true team effort. We work collaboratively to protect our clients, scrutinize every detail, and ensure insurance companies treat you fairly.
If you or a loved one was injured in a pedestrian accident, contact Nowlan Law’s experienced personal injury team for a free consultation to discuss your rights and legal options.
