When Drivers Fail to Yield: Protecting Your Rights After a Pedestrian Accident in Wisconsin
Car Accident

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

Every day, thousands of Wisconsin residents walk to work, school, or simply enjoy the outdoors. But when drivers fail to pay attention or yield the right of way, pedestrians are left defenseless. Without the protection of a vehicle, even a low-speed impact can cause catastrophic or fatal injuries.

At Trial Lawyers of Wisconsin, we stand up for those who walk our streets, sidewalks, and crosswalks. For more than three decades, our attorneys have fought to hold negligent drivers accountable and secure justice for injured pedestrians and their families.

If you’ve been struck by a vehicle in Wisconsin, understanding your legal rights is the first step toward recovery.

Pedestrian Accidents Are More Common Than You Think

Wisconsin reports hundreds of pedestrian injuries and dozens of deaths every year. Most of these accidents occur in urban areas like Milwaukee, Madison, and Green Bay — often near intersections, parking lots, and residential streets.

Many crashes could be prevented if drivers followed traffic laws and paid attention. Unfortunately, distracted driving, speeding, and carelessness have made Wisconsin’s roads increasingly dangerous for pedestrians.

The law is clear: drivers have a legal duty to watch for pedestrians and yield when required. When they fail to do so, victims have the right to pursue full compensation for their losses.

Common Causes of Pedestrian Accidents in Wisconsin

While every case is unique, many pedestrian crashes share similar causes. Some of the most frequent include:

  • Failure to yield at crosswalks: Drivers must stop for pedestrians crossing legally, yet many ignore or rush through intersections.
  • Distracted driving: Texting, using GPS, or adjusting controls can take a driver’s eyes off the road at the worst possible moment.
  • Speeding: Higher speeds reduce reaction time and increase the severity of injuries.
  • Impaired driving: Alcohol and drug use dramatically increase the risk of pedestrian collisions.
  • Poor visibility: Nighttime driving, bad weather, or inadequate street lighting can make it harder to see pedestrians.
  • Left-turn accidents: Drivers turning left at intersections often fail to check for crossing pedestrians.

Each of these causes represents driver negligence — and under Wisconsin law, negligent drivers can be held responsible for the harm they cause.

Wisconsin’s Right-of-Way Laws for Pedestrians

Wisconsin law gives pedestrians significant rights when crossing the street — and drivers are required to follow strict rules.

Key provisions include:

  • At crosswalks: Drivers must yield to pedestrians crossing within marked or unmarked crosswalks at intersections.
  • Traffic signals: Pedestrians with a “Walk” signal or green light have the right of way.
  • Driveways and alleys: Drivers must yield to pedestrians on sidewalks when entering or exiting.
  • No crosswalks: Pedestrians must yield to vehicles when crossing outside of marked areas but still retain protection if the driver was speeding or distracted.

When drivers fail to yield, they violate state law and may be found liable for resulting injuries or fatalities.

Common Injuries in Pedestrian Accidents

Because pedestrians have no physical protection, the injuries are often catastrophic — even at low speeds. Common injuries include:

  • Broken bones and fractures
  • Head and brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Internal bleeding and organ damage
  • Crushed limbs or amputations
  • Severe lacerations, road rash, and disfigurement

In the most tragic cases, pedestrian collisions lead to wrongful death, leaving families to face unimaginable grief and financial loss.

The attorneys at Trial Lawyers of Wisconsin help victims and families recover not only for their financial losses but also for their pain, suffering, and emotional trauma.

Proving Negligence in a Pedestrian Accident Case

To recover compensation, you must prove that the driver’s negligence caused your injuries. This often requires detailed evidence such as:

  • Police reports documenting the crash and driver’s statements
  • Eyewitness accounts from bystanders or other motorists
  • Surveillance or traffic camera footage
  • Vehicle data (speed, braking, and impact evidence)
  • Accident reconstruction analysis
  • Medical records showing the extent and cause of injuries

Our legal team immediately begins an investigation to secure this evidence before it disappears. We also handle all communication with insurance companies so that you can focus on healing.

Comparative Negligence in Wisconsin

Wisconsin follows a modified comparative negligence rule. This means your compensation can be reduced if you’re found partially at fault — for example, if you crossed against a signal or outside a crosswalk.

However, you can still recover damages as long as you are 50% or less at fault. If the driver bears more responsibility, they remain liable for your losses.

Insurance companies often use this rule to shift blame onto pedestrians, claiming you “came out of nowhere.” At Trial Lawyers of Wisconsin, we know these tactics — and we know how to defeat them using clear, factual evidence.

Compensation Available to Pedestrian Accident Victims

If you’ve been injured due to a driver’s negligence, you may be entitled to both economic and non-economic damages, including:

  • Medical expenses (emergency care, hospitalization, rehabilitation)
  • Lost wages and reduced future earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Loss of enjoyment of life

In wrongful death cases, surviving family members can also pursue damages for:

  • Funeral and burial expenses
  • Loss of financial support
  • Loss of companionship and guidance

Our attorneys ensure that every aspect of your loss is carefully documented and presented to maximize recovery.

How Trial Lawyers of Wisconsin Builds Strong Pedestrian Accident Cases

Winning a pedestrian accident case requires deep legal knowledge, investigative skill, and a willingness to take on powerful insurers. Our approach includes:

  1. Immediate investigation to collect and preserve evidence.
  2. Accident reconstruction experts to prove how the crash occurred.
  3. Medical expert analysis to show the full impact of the injuries.
  4. Aggressive negotiation with insurance companies to secure fair settlements.
  5. Trial preparation from day one, ensuring we’re ready if the case goes to court.

We prepare every case as if it will go before a jury — and that preparation gives our clients leverage and results.

Why Choose Trial Lawyers of Wisconsin

For more than 30 years, Trial Lawyers of Wisconsin has been the voice for injury victims across the state. We don’t represent corporations or insurance companies — we represent people.

Our attorneys have recovered over $100 million for clients and are known for:

  • Relentless investigation and trial preparation
  • Compassionate client service
  • A track record of success in complex personal injury and wrongful death claims
  • No upfront fees — we only get paid when we win

We believe in restoring balance and holding negligent drivers accountable, one case at a time.

What to Do After a Pedestrian Accident

If you’re struck by a vehicle, take these steps as soon as possible:

  1. Seek immediate medical attention, even for minor injuries.
  2. Call the police and file an accident report.
  3. Gather contact information for the driver and any witnesses.
  4. Take photos of the scene, vehicle, and injuries.
  5. Avoid speaking with insurance adjusters before consulting a lawyer.
  6. Contact Trial Lawyers of Wisconsin to protect your rights.

Prompt action is essential — evidence disappears quickly, and the law limits how long you have to file a claim.

Conclusion

When drivers fail to yield, pedestrians pay the price — often with devastating injuries and lifelong consequences. But under Wisconsin law, you have rights, and justice is possible.

At Trial Lawyers of Wisconsin, we fight for the people who walk our streets — holding negligent drivers accountable and ensuring victims are treated fairly.

If you or a loved one has been injured in a pedestrian accident anywhere in Wisconsin, don’t wait. Contact Trial Lawyers of Wisconsin today for a free consultation. We’ll stand by your side, protect your rights, and fight for the compensation you deserve.

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