Protecting Pedestrians After Accidents in Wisconsin

Walking should be one of the safest ways to get around. Yet every year in Wisconsin, hundreds of pedestrians are struck by vehicles, often with devastating consequences. Unlike drivers and passengers, pedestrians have no protection from the impact of a car or truck. The result is that even a low-speed collision can cause catastrophic or fatal injuries.

For injured pedestrians and grieving families, the road to recovery is never easy. Medical bills, lost income, and emotional trauma often follow. Worse, insurance companies frequently try to shift blame onto victims to avoid paying full compensation. That is why having an experienced Wisconsin pedestrian accident lawyer is essential. At Trial Lawyers of Wisconsin, we fight to hold negligent drivers accountable and protect the rights of pedestrians across our state.

The Alarming Reality of Pedestrian Accidents

Nationwide, pedestrian accidents have been on the rise. Wisconsin has seen the same troubling trend, fueled by distracted driving, speeding, and drivers failing to yield. According to state data, dozens of pedestrians lose their lives each year, and many more suffer life-altering injuries.

Some of the most common causes of pedestrian accidents include:

• Distracted driving, especially texting behind the wheel.
• Failure to yield at crosswalks or intersections.
• Speeding, which increases both the likelihood and severity of accidents.
• Driving under the influence of alcohol or drugs.
• Poor visibility due to bad weather, inadequate lighting, or obstructed views.
• Improper left or right turns, where drivers fail to check for crossing pedestrians.

In almost every case, these crashes are preventable. When drivers fail to exercise reasonable care, they can and should be held responsible.

Wisconsin Pedestrian Laws: What Drivers Must Do

Wisconsin law is clear about a driver’s duty to protect pedestrians. Drivers are required to:

• Yield the right of way to pedestrians at marked and unmarked crosswalks.
• Stop, not just slow down, when a pedestrian is crossing in a crosswalk.
• Exercise extra caution in areas where children or elderly individuals are likely to be present.
• Never overtake another vehicle stopped at a crosswalk.

When drivers ignore these rules, they are breaking the law—and putting lives at risk.

Common Injuries in Pedestrian Accidents

Because pedestrians lack any physical protection, injuries from these crashes are often severe. Some of the most common injuries include:

• Broken bones, often requiring surgery and rehabilitation.
• Traumatic brain injuries (TBI), leading to lifelong cognitive and physical challenges.
• Spinal cord injuries, which may result in partial or total paralysis.
• Internal injuries, such as organ damage or internal bleeding.
• Severe lacerations and disfigurement.
• Fatal injuries, leaving families devastated.

Recovery from these injuries can take months or years, and in some cases, victims never fully heal. The financial and emotional toll on families is enormous.

Proving Negligence in a Pedestrian Accident Case

To recover compensation, victims must prove that the driver acted negligently. In legal terms, this requires showing that:

1. The driver owed a duty of care to the pedestrian.
2. The driver breached that duty by acting carelessly or recklessly.
3. The breach directly caused the accident.
4. The pedestrian suffered damages as a result.

For example, if a driver was texting while approaching a crosswalk and struck a pedestrian, the act of distracted driving would clearly demonstrate negligence.

The Role of Comparative Negligence

Wisconsin follows the rule of comparative negligence, which means that compensation may be reduced if the pedestrian is found partly at fault.

For instance, if a pedestrian crossed outside a crosswalk at night wearing dark clothing, a driver might argue that the pedestrian was partially responsible for the accident. If the court found the pedestrian 20% at fault, any compensation awarded would be reduced by 20%.

Insurance companies often use this rule to minimize payouts, making strong legal representation vital for protecting victims’ rights.

Compensation Available to Pedestrian Accident Victims

A pedestrian accident claim can provide compensation for both financial and non-financial losses, including:

• Medical expenses, from emergency care to long-term rehabilitation.
• Lost income, including reduced earning capacity if injuries prevent returning to work.
• Pain and suffering, compensating for physical pain and emotional distress.
• Loss of enjoyment of life, when injuries prevent normal activities.
• Wrongful death damages, when a pedestrian accident claims a life.

Each case is unique, and the value of a claim depends on the severity of the injuries, the long-term impact, and the strength of the evidence.

Why Legal Representation Matters

Pedestrian accident cases are often more complex than they appear. Drivers and insurers may argue that the pedestrian was careless, that the driver had no time to react, or that visibility was too poor. Without strong advocacy, victims risk being denied fair compensation.

A Wisconsin pedestrian accident lawyer will:

• Conduct a thorough investigation of the crash.
• Obtain police reports, surveillance footage, and witness statements.
• Work with accident reconstruction experts to prove liability.
• Negotiate aggressively with insurance companies.
• Take the case to trial if necessary.

At Trial Lawyers of Wisconsin, we prepare every case as if it will be tried before a jury. This commitment ensures that insurance companies take our clients seriously and that victims have the best chance of securing full compensation.

Steps to Take After a Pedestrian Accident

If you or a loved one has been injured, taking immediate action can strengthen your case:

1. Seek medical care right away, even if injuries seem minor.
2. Report the accident to the police and obtain a copy of the report.
3. Gather evidence if possible—photos of the scene, the vehicle, and your injuries.
4. Collect contact information for witnesses.
5. Avoid discussing fault with the driver or insurance adjusters.
6. Contact an experienced pedestrian accident lawyer as soon as possible.

Trial Lawyers of Wisconsin: Standing With Pedestrian Victims

Since 1990, Trial Lawyers of Wisconsin has been committed to representing accident victims and their families. We have recovered over $100 million for Wisconsin families by standing up to negligent drivers, corporations, and insurance companies.

We understand that pedestrian accident victims face enormous challenges—physically, financially, and emotionally. That’s why we fight relentlessly to ensure our clients receive the justice and compensation they deserve.

Conclusion

Pedestrian accidents are often life-changing events, leaving victims and families struggling to cope with medical bills, lost income, and permanent injuries. Wisconsin law protects pedestrians, but insurance companies rarely make the process easy.

If you or a loved one has been injured in a pedestrian accident, know that you are not alone. Trial Lawyers of Wisconsin is here to investigate your case, protect your rights, and fight for the compensation you need to rebuild your life.