Milwaukee Pedestrian Accident Attorney

Pedestrians are the most vulnerable users of the road.  When they are struck by motor vehicles, they almost always suffer serious, catastrophic injuries.  If you or a loved one were seriously injured by a negligent driver of a motor vehicle in Milwaukee, we can help.

At Mingo & Yankala, S.C., our Milwaukee pedestrian accident attorneys can help you make sense of the uncertainty, help you get the medical treatment you need, and build a strong case to fully compensate you for all the ways the injury has impacted your life. Schedule your no-cost, risk-free today by calling 414-273-7400.

Common Causes of Pedestrian Accidents

Most pedestrian accidents in Milwaukee occur as a result of driver negligence. Negligence can take many forms, but distraction, inattention, carelessness, and drunk driving are common behaviors exhibited by motorists when they strike pedestrians. Drivers may also speed, try to beat a light, or drive past a crosswalk without looking for pedestrians. In other situations, defective traffic lights or poorly designed roads may contribute to these accidents. 

Who is Responsible for Pedestrian Accidents?

The following parties may ultimately be responsible for many pedestrian accidents that hurt or kill pedestrians each year:

Motorist

Many pedestrian-vehicle accidents are due to driver negligence. Drivers are responsible for keeping a proper lookout for possible dangers, such as pedestrians, and trying to avoid getting in a crash. Some common forms of motorist negligence that may lead to accidents include:

• Driving while impaired
• Distracted driving 
• Drowsy driving
• Speeding
• Running red lights
• Making unexpected turns
• Failing to yield the right-of-way

Pedestrian

Careless pedestrians can also cause accidents, such as if they disregard traffic signs. However, even if pedestrians are partly to blame for an accident, Wisconsin’s modified comparative negligence system allows these victims to still pursue compensation for the harm they suffered as long as another party, such as the motorist, is more at fault for the accident than they are. Because pedestrians are often seriously injured in pedestrian accidents, the motorist or other party may manipulate the narrative about how the accident occurred. This is one reason why it is important to consult with a lawyer after an accident. 

Manufacturer

Some pedestrian accidents are caused by problems with automotive defects. Accidents may occur when vehicle components fail, such as:

• Brakes
• Tires
• Suspension systems
• Lights
• Windshield wipers

Vehicle problems can cause drivers to lose control of their vehicles or not to be able to see them. 

In other accidents, a traffic light may be defective, leading to confusion between the motorist and pedestrian. 

Government

In some pedestrian accidents, the road itself may be a contributing factor. Road design and traffic features can affect pedestrian safety. Some of the following issues can create unsafe road conditions and cause pedestrian accidents:

• A lack of sidewalks or crosswalks 
• Missing traffic signals 
• Broken traffic signals
• Failure to consider upstream and downstream traffic flows 
• Winding roads with limited visibility
• Blind or sharp turns 
• A lack of lighting by the roadway
• Missing or damaged signs 
• Poorly designed intersections

Cities, counties, or the state may be responsible for accidents of this nature. Entities responsible for designing or maintaining public roadways and crosswalks have a legal duty to carefully consider pedestrian safety.

If you have been injured in a pedestrian accident, an experienced pedestrian accident lawyer can help identify all of the parties who are potentially liable for the accident.  

Common Pedestrian Accident Injuries in Milwaukee

When a pedestrian is hit by a car or truck, there are no safety features protecting them. Their body takes the full brunt of the impact. This is why pedestrians often suffer severe injuries when they are struck by motor vehicles. These injuries include:

• Traumatic brain damage
• Amputation
• Spinal cord injuries
• Head and back injuries
• Paralysis
• Post-traumatic stress disorder (PTSD)
• Organ failure
• Third-degree burns
• Road rash
• Broken and fractured bones
• Death

The above list is not exhaustive and pedestrians can suffer a whole host of injuries not listed.

Establishing Fault in a Pedestrian Accident Case

In order to recover compensation in a pedestrian accident case, you must be able to demonstrate the following about the defendant:

• They had a duty to protect pedestrians
• They breached the duty 
• They caused the pedestrian to suffer harm
• The pedestrian suffered damages for which they can be compensated

An experienced pedestrian accident lawyer understands these legal elements and how they can be proven. We will work diligently to recover the compensation you deserve. 

Let us explain how we can help you when you call us for a free, no-obligation consultation.

Compensation in Pedestrian Accident Cases

In general, injured pedestrians may be entitled to compensation for a wide range of losses, including but not limited to: past and future medical bills, lost wages, diminished earning capacity, and pain and suffering.

In pedestrian accident claims, compensation typically comes through the insurance policy of the legally responsible party, most often the driver who hit the pedestrian. In some cases, liability may fall with another party such as a trucking company, automobile manufacturer, or even governmental entity. Additionally, if you were injured by a hit-and-run driver, you may be covered by uninsured motorist coverage.  We can help you file an uninsured motorist (UM) claim and recover compensation for bodily injury, even if the driver is never found.

However, even when liability is clearly established, insurance companies do not always deal fairly with injured victims. Often, the only way to recover full compensation is with the threat of a lawsuit. Because of this, we build each and every case as if it will go to trial. This allows us to uncover all the evidence, fully document your injuries, and have an answer for every tactic the insurance company will use to devalue your claim.

Although your injuries may be devastating, it is important to speak with an attorney as soon as possible. As time passes, evidence is lost or destroyed, witnesses disappear or become unreliable, and the insurance companies have more time to employ bad faith tactics.

How a Pedestrian Accident Lawyer Can Help

After you are seriously injured in a pedestrian accident or are caring for a loved one who is injured, the last thing you need to be doing is worrying about your legal claim. An experienced pedestrian accident lawyer can help with your case by:

Investigating the Accident

You may not have had a chance to document the scene or gather evidence when you were injured in a pedestrian accident. An experienced pedestrian accident lawyer can conduct a thorough investigation to determine the cause of the accident, the factors that contributed to it, and who is financially responsible for the harm you’ve suffered. 

Your lawyer will also try to gather evidence to establish fault, such as:

• Accident reports
• Witness statements
• Photos or videos of the accident scene 
• Damaged property 

Your lawyer can also take steps to preserve evidence before it is lost or destroyed. 

Calculating Your Losses

You may be able to recover financial compensation from the accident, but you must first be able to show objectively the value of these losses. Seasoned attorneys know that pedestrian accidents do not only result in immediate expenses. They can also cause losses that continue for years to come due to the need for ongoing medical treatment and reduced earning capacities. By determining the value of your claim, your lawyer will be better positioned to negotiate for fair compensation on your behalf. 

Handling the Insurance Company

While you should be able to trust that insurance companies will do the right thing after you were seriously injured, sadly, this is often not the case. Insurance companies are for-profit entities that make money by collecting more in premiums than by paying out on claims. Insurance companies may try a number of manipulative tactics to try to devalue or deny claims, such as:

• Stating that the pedestrian must give a recorded statement (which they then try to use against the victim)
• Getting the pedestrian to sign blanket release forms so they can collect irrelevant medical evidence and then try to exclude the injuries because of pre-existing conditions
• Dragging out the process longer than necessary so the victim will feel desperate and accept a low settlement 
• Trolling victim’s social media pages to try to find any inconsistent statements 

Protecting Your Interests 

Your pedestrian accident lawyer can help explain your legal rights and options at all relevant points in your case. Your lawyer can also take steps to protect your rights, such as:

• Ensuring you do not miss important case deadlines 
• Defending you against claims that you were responsible for the accident
• Making sure you understand the true value of your claim
• Gathering compelling evidence to build a strong case on your behalf 
• Conducting discovery requests to demand evidence 

At Mingo & Yankala, S.C., our Milwaukee pedestrian accident attorneys have vast experience handling complex pedestrian accident cases. 

Speak With a Milwaukee Pedestrian Accident Lawyer for Help Today

You should be able to trust that when you are utilizing crosswalks and appropriate traffic signals you will not be struck by a negligent driver. Unfortunately, pedestrian accidents are, and will likely continue to be, a major issue in Milwaukee and throughout the United States.

If you suffer have suffered serious injuries after being struck by a motor vehicle, we can help.  At Mingo & Yankala, S.C., our Milwaukee personal injury attorneys understand how important each case is to our clients and we dedicate the time, effort, and resources necessary to achieve the best possible results.  Schedule your free, no-obligation consultation today with our Milwaukee pedestrian accident attorney when you call our office at 414-273-7400 or fill out our convenient contact form.