Pedestrian accidents are among the most serious and life changing types of injury cases. When a person on foot is struck by a vehicle, the injuries are often severe and can lead to long term medical care, lost income, and permanent disability. If you were injured in a pedestrian accident in Milwaukee, Wisconsin law provides important protections and legal rights.
This article explains how pedestrian accident claims work in Wisconsin, who may be responsible, and what steps to take after an accident.
Pedestrian Accidents Are a Serious Problem in Milwaukee
Milwaukee consistently sees a high number of pedestrian accidents, especially in busy downtown areas, near intersections, and around schools and public transit routes. Distracted driving, speeding, failure to yield, and poor visibility are common causes.
Because pedestrians have little protection compared to vehicle occupants, even low speed crashes can result in broken bones, head injuries, spinal injuries, and other serious harm.
What Rights Do Pedestrians Have Under Wisconsin Law?
Wisconsin law requires drivers to exercise reasonable care and to yield the right of way to pedestrians in many situations. Pedestrians generally have the right of way when:
- Crossing at marked or unmarked crosswalks
- Entering a crosswalk with a walk signal
- Walking on sidewalks or along roadways where sidewalks are not available
Drivers who fail to yield, speed, or drive while distracted may be held legally responsible for injuries they cause.
If you were hit by a vehicle while walking in Milwaukee, you may have the right to pursue compensation for:
- Medical expenses and future treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent injury or disability
What If the Pedestrian Was Partially at Fault?
Wisconsin follows a comparative negligence rule. This means a pedestrian can still recover compensation even if they were partly at fault, as long as they were not more than 50 percent responsible for the accident.
For example, if a pedestrian was crossing outside a crosswalk but the driver was speeding or distracted, both parties may share fault. Any compensation awarded would be reduced by the pedestrian’s percentage of responsibility.
Common Causes of Pedestrian Accidents in Milwaukee
Pedestrian accidents often happen because drivers fail to follow traffic laws or pay attention. Common causes include:
- Failure to yield at crosswalks
- Distracted or cell phone use while driving
- Speeding in residential or downtown areas
- Running red lights or stop signs
- Driving under the influence
In some cases, poor road design, inadequate lighting, or obstructed signage may also contribute to an accident.
What to Do After a Pedestrian Accident
Taking the right steps after an accident can protect both your health and your legal rights.
- Seek immediate medical attention, even if injuries seem minor
- Call the police and ensure a report is filed
- Get contact information from witnesses if possible
- Take photos of the scene, vehicle, and your injuries
- Avoid giving statements to insurance companies before speaking with a lawyer
Insurance companies may try to shift blame or downplay injuries. Having legal guidance early can make a significant difference.
How Long Do You Have to File a Personal Injury Claim?
In most Wisconsin pedestrian accident cases, the statute of limitations is three years from the date of the accident. Failing to file within this time frame can result in losing your right to compensation. Some personal injury claims may involve shorter deadlines, especially if a government entity is involved.
Serving Pedestrian Accident Victims Across Wisconsin
Although many pedestrian accidents occur in Milwaukee, Wisconsin law applies statewide. A Milwaukee based personal injury law firm can represent injured pedestrians throughout Wisconsin while providing local insight into traffic patterns, courts, and insurers.
Contact Bykhovsky Law
If you or a loved one was injured in a pedestrian accident, you do not have to face the aftermath alone. Bykhovsky Law represents injured pedestrians in Milwaukee and throughout Wisconsin and is committed to helping clients understand their rights and pursue fair compensation.
Contact Bykhovsky Law today to schedule a FREE CONSULTATION and learn how we can help you move forward.
