How to File a Pedestrian Accident Claim in Wisconsin
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Pedestrian accidents can turn a normal day into a nightmare in a matter of seconds. Busy intersections, distracted drivers, and Wisconsin’s unpredictable weather all contribute to these incidents. If you or someone you love has been hurt as a pedestrian, you probably have a lot of questions. What should you do next? Who pays your bills? Can you file a claim for your injuries? This article explains everything you need to know about filing a pedestrian accident claim in Wisconsin, so you can get the help and compensation you deserve.

Why Pedestrian Accidents Are So Serious

Pedestrians have no protection against a vehicle. Even a low-speed collision can cause broken bones, traumatic brain injuries, spinal cord injuries, or worse. Medical bills pile up fast. Many victims miss weeks or months of work. Emotional trauma is real and lasting. In the worst cases, families lose loved ones and face a lifetime of grief.

Wisconsin law protects pedestrians, but insurance companies are rarely eager to pay out. That is why knowing your rights and taking the right steps after an accident is so important.

Step 1: Get Medical Attention

Your health is the top priority. Always call 911 if you are injured, even if you think you are okay. Some injuries, like concussions or internal bleeding, might not show symptoms right away. Going to the hospital also creates a record of your injuries, which is crucial when filing your claim.

Step 2: Report the Accident

Make sure the police come to the scene and file a report. The police report will include important details about the crash, statements from drivers and witnesses, and who the officer believes is at fault. This document is essential when you file a pedestrian accident claim.

Step 3: Collect Evidence

If you are able, gather as much information as possible:

  • Take photos of the accident scene, your injuries, the car involved, and any road signs or signals
  • Get the driver’s name, contact, insurance, and license plate number
  • Ask for contact information from any witnesses
  • Save any damaged clothing or personal items as evidence

If you cannot do this at the scene, ask someone you trust or your lawyer to help gather evidence later.

Step 4: Notify Your Insurance Company

Even though you were a pedestrian, you may still have coverage under your own auto insurance, health insurance, or other policies. Notify your insurers about the accident, but do not agree to a recorded statement or discuss fault before speaking with a lawyer.

Step 5: Do Not Talk to the Driver’s Insurance Alone

Insurance adjusters might call you quickly after the accident. Their job is to settle your claim for as little money as possible. They may try to get you to say things that could hurt your case. Politely tell them you are seeking legal advice before discussing the accident.

Step 6: Speak to a Wisconsin Pedestrian Accident Lawyer

A local lawyer who knows Wisconsin law can help you:

  • Investigate the accident and gather evidence
  • Prove the driver’s fault and liability
  • Handle all communication with insurance companies
  • Calculate your total damages, including future medical needs and lost income
  • File your claim on time and negotiate for full compensation

Most personal injury lawyers work on a contingency fee, meaning you pay nothing unless they win your case.

What Compensation Can You Get in a Wisconsin Pedestrian Accident Claim?

Every case is unique, but injured pedestrians may recover compensation for:

  • Medical bills (past and future)
  • Lost wages and future earnings
  • Pain and suffering
  • Rehabilitation and therapy costs
  • Emotional distress
  • Permanent disability or disfigurement
  • Damage to personal property (clothes, phone, etc.)
  • Wrongful death benefits for families who lost a loved one
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How Does Fault Work in Wisconsin Pedestrian Accident Claims?

Wisconsin uses “comparative negligence,” which means you can still recover damages even if you were partly at fault—as long as you are not more at fault than the driver. For example, if you were 20 percent at fault for crossing outside a crosswalk, your compensation will be reduced by that percentage. A lawyer can help argue for the lowest possible share of fault.

How to File the Claim: Step-by-Step

  1. Consult with a Lawyer
    Your lawyer will review your case and explain your options for filing a pedestrian accident claim.
  2. Investigation
    Your legal team will gather police reports, medical records, witness statements, photos, and expert opinions if needed.
  3. Submit the Claim
    Your lawyer files a claim with the at-fault driver’s insurance company. If you have uninsured motorist coverage or other insurance, those claims may be filed as well.
  4. Negotiate a Settlement
    Most claims are settled out of court. Your lawyer will negotiate to make sure you get fair compensation for all your damages.
  5. File a Lawsuit if Needed
    If the insurance company will not settle fairly, your lawyer can file a lawsuit in Wisconsin court to fight for your rights.

Deadlines Matter: Wisconsin’s Statute of Limitations

In most cases, you have three years from the date of the accident to file a pedestrian accident claim in Wisconsin. For wrongful death cases, the time limit may be shorter. If you miss the deadline, you could lose your right to recover anything.

Why Local Experience Matters

Pedestrian accident laws, court procedures, and even insurance company tactics can vary from city to city in Wisconsin. Local lawyers know the judges, local law enforcement, and have experience with the insurance companies you will face.

Real Questions From Wisconsin Pedestrian Accident Victims

Do I need a lawyer if my injuries seem minor?
Even small injuries can become big problems later. A free consultation with a lawyer will help you decide what is best.

What if the driver left the scene?
Hit-and-run cases are complex, but you may still have options through your own insurance or crime victims’ programs.

Can I claim if a child or elderly loved one was hurt?
Yes, and these cases may require special care and additional damages. A lawyer can explain your family’s rights.

What if the accident happened at night or in bad weather?
You can still recover damages if the driver was at fault. The law requires drivers to be extra cautious when visibility is low.

How Trial Lawyers of Wisconsin Helps Injured Pedestrians

When you choose Trial Lawyers of Wisconsin, you get a team who will:

  • Listen to your story and answer every question
  • Handle paperwork, evidence, and deadlines so you do not have to stress
  • Keep you informed and return your calls
  • Fight for every dollar you deserve, from medical bills to pain and suffering

Your first meeting is free, and you pay nothing unless you win.

Take the First Step Today

If you or a loved one was hurt as a pedestrian in Wisconsin, do not wait to get help. Call a trusted Wisconsin pedestrian accident lawyer today. You deserve answers, support, and real compensation for everything you have been through.

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