Pedestrian Accidents in Wisconsin: Your Rights When Drivers Fail to Yield
Car Accident

Learn your rights after a pedestrian accident in Wisconsin. Discover how Trial Lawyers of Wisconsin helps injured pedestrians hold negligent drivers accountable and recover full compensation.

Walking is one of the simplest, healthiest, and most environmentally friendly ways to get around. Whether it’s crossing a street in downtown Milwaukee, jogging in Madison, or strolling through a quiet neighborhood, pedestrians have the right to expect safety on Wisconsin roads.

Unfortunately, that’s not always the reality. Thousands of pedestrian accidents occur each year across the state — many resulting in serious injuries or fatalities. All too often, the cause is the same: a driver who failed to yield the right of way, ignored traffic laws, or simply wasn’t paying attention.

At Trial Lawyers of Wisconsin, we’ve spent decades representing victims of pedestrian accidents. Our attorneys understand how devastating these incidents can be — and how important it is to ensure negligent drivers are held accountable.

If you’ve been hit by a vehicle while walking, here’s what you need to know about your rights and how we can help you pursue justice.

Pedestrian Safety and the Law in Wisconsin

Wisconsin law clearly protects pedestrians. Under Wisconsin Statute § 346.24, drivers are required to yield the right of way to pedestrians crossing the street at marked or unmarked crosswalks. This means:

  • When a pedestrian is crossing within a crosswalk, vehicles must stop or yield until the person has safely reached the opposite curb.
  • Drivers cannot overtake or pass another vehicle that has stopped to allow a pedestrian to cross.
  • Pedestrians also have responsibilities, such as not suddenly stepping into traffic or crossing outside designated areas where it’s unsafe.

However, even when pedestrians follow the law, negligent drivers often fail to notice them — especially in low visibility conditions or when distracted. When that happens, the driver can be held legally responsible for the resulting injuries and losses.

Common Causes of Pedestrian Accidents

Most pedestrian crashes occur because of driver negligence. Common causes include:

  • Failure to yield at crosswalks or intersections
  • Distracted driving, such as texting or using GPS
  • Speeding, especially in residential areas or near schools
  • Running red lights or stop signs
  • Turning without checking for pedestrians
  • Driving under the influence of drugs or alcohol
  • Poor visibility due to weather, darkness, or obstructed sightlines

Even a moment of inattention can lead to tragedy. Pedestrians have no protection against a car or truck — meaning even low-speed collisions can cause catastrophic injuries.

Common Injuries in Pedestrian Accidents

Because pedestrians lack the protection of a vehicle, their injuries are often severe. Victims may suffer:

  • Broken bones and fractures
  • Head injuries and traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Internal organ damage
  • Severe lacerations or road rash
  • Amputations
  • Wrongful death

These injuries often require long hospital stays, rehabilitation, and ongoing care — leaving victims with mounting medical bills and lost income. Trial Lawyers of Wisconsin helps victims recover compensation for both immediate and long-term damages.

The Role of Negligence in Pedestrian Accident Cases

To recover compensation, your lawyer must prove that the driver was negligent — meaning they failed to exercise reasonable care under the circumstances.

Evidence of negligence may include:

  • Driving above the speed limit
  • Failing to stop at a crosswalk
  • Distracted or impaired driving
  • Ignoring weather or traffic conditions
  • Violating pedestrian right-of-way laws

Our attorneys investigate every case thoroughly, collecting police reports, witness statements, and video footage to establish the driver’s fault beyond doubt.

Comparative Negligence in Wisconsin

Wisconsin follows a comparative negligence rule. This means that if the pedestrian is found partially responsible for the accident, their compensation can be reduced by their percentage of fault.

For example:

  • If the total damages are $100,000 and the pedestrian is 10% at fault, the recovery is reduced to $90,000.
  • If the pedestrian is more than 50% at fault, they cannot recover damages.

Insurance companies often exploit this rule, trying to blame the pedestrian for “not watching carefully” or “wearing dark clothing.”

Trial Lawyers of Wisconsin pushes back against these tactics by using strong evidence to minimize any fault assigned to the victim — ensuring our clients receive the maximum compensation available under the law.

Evidence That Strengthens a Pedestrian Accident Claim

Winning a pedestrian injury case requires clear, compelling evidence. Our legal team gathers and preserves all key materials, such as:

  • Police reports and traffic citations
  • Video footage from traffic, dash, or security cameras
  • Eyewitness statements from bystanders
  • Accident reconstruction reports
  • Medical documentation linking injuries to the collision
  • Photos of the scene, including skid marks or crosswalk conditions

We also consult forensic experts and medical professionals to ensure no detail is overlooked. Every piece of evidence helps tell the full story — one that shows the driver’s negligence and the impact of their actions on your life.

Types of Compensation You May Recover

Pedestrian accident victims in Wisconsin may be entitled to recover damages for both economic and non-economic losses, including:

  • Medical expenses for emergency treatment, surgery, and rehabilitation
  • Future medical care for permanent disabilities or chronic pain
  • Lost wages and reduced earning capacity
  • Pain and suffering for physical and emotional trauma
  • Loss of enjoyment of life due to long-term impairment
  • Property damage, such as destroyed personal belongings

In tragic cases of fatal accidents, surviving family members may pursue wrongful death claims for funeral costs, loss of companionship, and loss of financial support.

At Trial Lawyers of Wisconsin, our goal is always the same: to secure full and fair compensation so our clients can focus on healing and rebuilding their lives.

How Insurance Companies Handle Pedestrian Claims

Insurance adjusters are trained to minimize payouts, even in cases where liability seems obvious. They may:

  • Claim the pedestrian “stepped out suddenly” into the road.
  • Argue that dark clothing or weather conditions made the victim hard to see.
  • Offer quick, low settlements before the full extent of injuries is known.

Never agree to a settlement or recorded statement without legal representation. Once you sign, you waive your right to pursue additional compensation — even if new complications arise later.

The Trial Lawyers of Wisconsin team handles all communications and negotiations on your behalf, ensuring insurers don’t take advantage of you during this difficult time.

Why Legal Representation Matters

Pedestrian accident cases are often more complex than they appear. Between comparative negligence laws, insurance disputes, and medical evidence, victims can easily be overwhelmed.

Our attorneys take that burden off your shoulders. We:

  • Investigate thoroughly to prove fault and preserve evidence.
  • Work with medical experts to document injuries and prognosis.
  • Calculate all current and future financial losses.
  • Negotiate aggressively — and take the case to trial if needed.

We prepare every claim as if it will go before a jury, because serious preparation leads to serious results.

Why Choose Trial Lawyers of Wisconsin

Since 1990, Trial Lawyers of Wisconsin has fought for injured people — not corporations. We’ve recovered over $100 million for victims and families across the state.

Clients choose us because we offer:

  • Experience and reputation built on decades of success.
  • Trial-ready preparation that pressures insurers to pay full value.
  • Compassionate representation for victims of severe injuries.
  • No upfront fees — we only get paid if we win.

Our mission is simple: restore balance, hold wrongdoers accountable, and help our clients rebuild their lives.

Conclusion

When drivers fail to yield, pedestrians suffer the consequences. Wisconsin law protects your right to walk safely — and when that right is violated, you deserve justice.

At Trial Lawyers of Wisconsin, we stand beside victims every step of the way, from investigation to verdict. If you’ve been struck by a negligent driver, don’t face the legal process alone.

Let us be your voice, your advocate, and your ally in the fight for full compensation. Contact Trial Lawyers of Wisconsin today for a free consultation and start your path toward justice and recovery.

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