Pedestrian accidents are common. The number of pedestrian deaths has been increasing at a faster pace than all traffic fatalities combined. In Wisconsin in 2021, there were 864 pedestrian accidents.
Drivers who fail to use caution and pay attention to the road can cause pedestrian accidents. Crashes involving pedestrians often cause horrific injuries for the pedestrian. At Trial Lawyers of Wisconsin, our Milwaukee pedestrian accident lawyers fight to protect the rights of injured pedestrians.
We have represented thousands of clients since 1990. Our legal team in Milwaukee, WI, has decades of experience in personal injury law. We have recovered hundreds of millions of dollars in personal injury settlements and jury verdicts.
Contact the Trial Lawyers of Wisconsin to schedule a free consultation or call (414) 299 6378 with one of our Milwaukee pedestrian accident attorneys. We provide sound legal advice, compassionate support, and trusted guidance as you navigate the claims process in Milwaukee, Wisconsin.
How Trial Lawyers of Wisconsin Can Help You After a Pedestrian Accident in Milwaukee
Like other major cities, Milwaukee, WI, has many pedestrians. Unfortunately, that increases the risk of pedestrian accidents. If you were involved in a pedestrian accident, you could be entitled to compensation for your medical bills and other damages.
Proving fault for the cause of the pedestrian accident could be challenging. Hiring a Milwaukee pedestrian accident lawyer levels the playing field with insurance companies that seek to undervalue and deny your claim.
When you hire our top-rated Milwaukee personal injury attorneys, you can trust we will:
- Complete a thorough investigation into the cause of your pedestrian accident
- Gather evidence proving the cause of your accident, including working with leading expert witnesses as necessary
- File insurance claims and handle negotiations for insurance settlements
- Assess how much your case is worth by carefully documenting all damages in your case
- Defend you against accusations of blame and contributory fault
- Aggressively negotiate with the insurance company and at-fault party for a fair settlement amount
- File a lawsuit and take your case to trial if a settlement is not in your best interest
Our lawyers have received numerous awards and recognition from national organizations, including Super Lawyers, The National Trial Lawyers, America’s Top 100 High Stakes Litigators, and Top 25 Motor Vehicle Trial Lawyers. We are members of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.
Call Trial Lawyers of Wisconsin to schedule a free case evaluation with an experienced Milwaukee pedestrian accident lawyer.
What Causes Pedestrian Accidents in Milwaukee, WI?
Negligence is among the most common reasons for pedestrian accidents. Drivers and pedestrians may be negligent in causing the crash.
Examples of negligence that can lead to a pedestrian accident include:
- Distracted driving and walking
- Aggressive driving and road rage
- Speeding and reckless driving
- Impaired driving and walking
- Fatigued and drowsy driving
- Racing to beat a traffic light
- Failing to obey traffic signals
- Not yielding the right of way
Other factors could contribute to the cause of a Milwaukee pedestrian accident. Poorly designed intersections and malfunctioning traffic lights could be a factor in the cause of a pedestrian accident.
Identifying the cause of the accident is crucial. Any party who contributed to the cause of a pedestrian accident could be liable for damages.
Proving Liability for a Pedestrian Accident in Wisconsin
The accident victim has the burden of proving the elements of a pedestrian accident claim to recover compensation for damages. Most pedestrian accidents happen because a driver is negligent.
To hold the driver responsible for your damages, you must prove the following:
- The driver owed you a legal duty of care
- The driver breached the duty of care
- The breach of duty caused your accident
- You suffered harm and losses because of the driver’s conduct
A driver has a duty to obey traffic laws. They must also use reasonable care to avoid causing an accident. Driving under the influence, failing to obey traffic laws, and being distracted while driving are examples of a breach of duty. A person using reasonable care would not engage in reckless activity because it could cause an accident.
We use a variety of evidence to prove a party caused a pedestrian accident.
Evidence includes:
- Accident and crash reports
- Statements by the parties involved
- Eyewitness testimony
- Opinions from expert witnesses, including accident reconstructionists
- Videos of the accident from traffic cameras and surveillance cameras
- Photographs of the accident scene
- Physical evidence from the accident scene
If you are involved in a pedestrian accident, try to collect evidence at the accident scene if possible. Our legal team builds a solid argument for liability based on the evidence.
Common Injuries Caused by Pedestrian Accidents in Milwaukee, WI
Being struck by a vehicle can cause life-threatening conditions and catastrophic injuries. As the speed of a vehicle increases, the risk of severe injuries increases. However, even a low-speed car accident can cause traumatic injuries to pedestrians.
Injuries caused by pedestrian accidents include:
- Crushed, fractured, and broken bones
- Soft tissue injuries
- Traumatic brain injuries
- Internal organ damage
- Neck injuries and whiplash
- Loss of limbs and amputations
- Nerve damage
- Back injuries
- Spinal cord injuries
If you are struck by a vehicle, seek immediate medical treatment for your injuries. Delays in medical care could result in complications and permanent impairments. The delay in care could also be used in your personal injury case to argue you are not entitled to the full value of your damages.
What Damages Can I Receive for a Pedestrian Accident Case in Milwaukee, WI?
The damages in a pedestrian accident claim compensate you for your losses and harm. There are two types of compensatory damages in a pedestrian accident case:
Economic Damages
You receive compensation for your financial losses and expenses.
Examples of economic damages include:
- Property damage
- Out-of-pocket expenses
- Past and future medical bills
- Long-term personal and/or nursing care
- Rehabilitative therapies
- Past and future lost wages
- Decrease in earning capacity
Keep copies of all bills, invoices, and receipts to prove the amount of your expenses. Also, keep detailed records of your time away from work and miscellaneous costs.
Non-Economic Damages
You can also receive compensation for your pain and suffering damages.
Non-economic damages include:
- Scarring and disfigurement
- Mental anguish and emotional distress
- A decrease in your quality of life and enjoyment of life
- Physical pain
- Impairments and disabilities
Valuing non-economic damages is difficult because each person’s experience is different. Our Milwaukee pedestrian accident lawyers understand the complex nature of valuing these damages. We use the factors in your case to maximize the value of pain and suffering damages.
Punitive Damages
A third category of damages is punitive damages. These damages do not compensate the victim for losses or harm. Instead, punitive damages are awarded as a punishment for the defendant for their conduct.
The victim must prove the defendant acted maliciously toward the victim or with intentional disregard for the victim’s rights. Our attorneys review your case to determine if the evidence supports a claim for punitive damages.
Can I Receive Damages for a Pedestrian Accident if I Share Responsibility?
Some states bar compensation if a victim shares responsibility for causing their accident. Wisconsin uses a modified comparative negligence standard. You cannot recover any money for damages if you are 51% or more to blame for causing your injuries. However, if you are less than 51% at fault, you can receive a portion of your damages.
For example, suppose a jury assigns you 20% of the blame for a car accident. They award you $500,000 for damages. Instead of receiving the entire $500,000, the judge will reduce the amount by 20% or $100,000.
Be wary of insurance adjusters asking for a recorded statement or written answers to questions. Just asking lots of questions is an attempt to gather evidence. They are trying to get you to say something they can use to allege comparative fault.
What Is the Statute of Limitations for Pedestrian Accident Lawsuits in Milwaukee, WI?
The Wisconsin statute of limitations for most personal injury cases is three years from the injury date, including pedestrian accidents. Missing the deadline can result in a dismissal of the lawsuit. The judge will not consider whether you have a claim before dismissing your case.
The deadline for a pedestrian accident lawsuit could be shorter or longer if exceptions to the statute apply. Factors in your case could also change the deadline. Talk with our Milwaukee pedestrian accident lawyers as soon as possible to avoid missing a deadline.
How Much Does It Cost to Hire a Milwaukee Pedestrian Accident Lawyer?
Paying a large retainer fee to hire a Milwaukee personal injury law firm can be difficult, especially for accident victims who have been out of work recovering from injuries. Therefore, our Milwaukee pedestrian accident attorneys at Trial Lawyers of Wisconsin take cases on a contingency fee basis. We do not collect any money upfront for our attorneys’ fees.
Instead, we get paid when you get paid. Our legal fees are a percentage of the amount we recover in your case. We will discuss contingency fees in greater detail during your initial consultation.
Schedule a Free Consultation With Our Milwaukee Pedestrian Accident Attorneys
If you or a family member was injured in a pedestrian accident in Milwaukee, WI, call Trial Lawyers of Wisconsin to discuss your case with our Milwaukee pedestrian accident lawyers. Let us help you recover the compensation you need and deserve.