What to Do After a Pedestrian Car Accident in Wisconsin
According to the Centers for Disease Control and Prevention (CDC), there were around 104,000 emergency visits and 7000 pedestrian deaths due to car crashes in 2020. Sadly, over 8,000 pedestrians died the following year from car accidents. This shows how pedestrians are vulnerable and continue to bear the brunt of car crashes on the roads.
If you are hit by a car as a pedestrian, you can bring a legal claim against the at-fault driver/party through their insurer for compensation for injuries and losses. The process involves a legal process that requires the guidance of a personal injury lawyer.
To safeguard your rights during the process, consult Mingo & Yankala, S.C. Accident & Injury Lawyers for advice tailored to your case. A pedestrian accident attorney will explore the available legal options and help you build a strong case to pursue compensation for damages.
Who Is Liable for a Pedestrian Hit by Car Injuries?
In car accidents involving pedestrians, the question of liability often arises when trying to pursue compensation. Liability is generally determined by the law of negligence, which considers whether a person failed to exercise reasonable care under the given circumstances.
Possible liable parties may include:
Driver Liability
A driver may be liable if they fail to exercise reasonable care while operating a vehicle. This might include speeding, running red lights, or not yielding to pedestrians in crosswalks. If such violations of traffic rules directly lead to a pedestrian’s injury, they may be found negligent and therefore, responsible for the damages.
Pedestrian Liability
While drivers have a primary duty to exercise care, pedestrians are also responsible for acting reasonably. Under Wisconsin comparative negligence laws, pedestrians may be partially liable if their actions contribute to the accident, such as crossing the road against a signal or failing to yield the right of way.
Government Agency Liability
In certain cases, government agencies might be held liable if poorly maintained roads, missing signage, or malfunctioning traffic signals contribute to an accident. In such situations, the agency’s negligence can be a factor.
A pedestrian accident lawyer is critical in determining liability. They will help establish negligence and to what degree.
As a Pedestrian, I Was Hit by a Vehicle – What Should I Do?
According to the Mayo Clinic, prompt medical attention can avert the development of serious injuries like traumatic head injuries. Even if your injuries appear minor, seek immediate medical attention after being hit by a vehicle. This also creates a record of your injuries, which may be crucial when pursuing legal action.
Next, it’s advisable to contact a personal injury lawyer.
- An attorney will offer professional guidance you through the legal process
- They will help you understand your rights
- They will evaluate the potential for pursuing a claim against the negligent party
- They will assess the case, gather evidence, and ensure you get rightful compensation for your injuries and losses.
How Does Compensation Work in Wisconsin for Pedestrian Car Accident Cases?
There are several avenues through which pedestrian car accident victims may seek compensation.
Because Wisconsin uses a modified comparative rule to determine who qualifies for compensation after suffering injuries due to an accident. An injured pedestrian should be less at fault than the other driver to seek compensation.
Generally, the insurance of the at-fault driver or drivers involved in the accident should be able to pursue legal action against them. Their liability insurance will cover damages resulting from the accident. The extent to which each party is deemed responsible for the accident will affect how much the injured pedestrian can recover.
If the other driver was uninsured, you might have to be covered by your uninsured motorist insurance. You can also file the UM claim with your insurance company after you establish the other driver lacks insurance or if it was a hit-and-run accident.
In any case, you need to seek legal representation when seeking compensation. This is because insurance companies have the resources and capacity to avoid liability, but your lawyer may help protect your rights during the legal claim process.
What Can You Expect From a Pedestrian Accident Settlement?
Settlement outcomes in pedestrian accident cases vary based on the unique circumstances of each case. What you can expect as the settlement amount depends on damages:
- Medical bills related to hospital stays, surgeries, therapies, and ongoing medical care
- Income lost due to the accident and future earnings if the injuries impact the ability to work
- Punitive damages to punish the other party/parties for egregious behavior
- Wrongful death damages for the family of the deceased
- Pain and suffering to address the emotional and physical distress due to the accident
- Compensation for the loss of support, care, and companionship for a spouse or family member
Wisconsin follows a comparative fault rule, which means that the plaintiff’s damages reduce proportionally to their degree of fault. For instance, if the plaintiff is found to be 10% at fault, their awarded damages will be reduced by 10%.
Additionally, Wisconsin law imposes caps on the two major types of damages. For example, punitive damages in Wisconsin are capped at twice the compensatory damages or at $200,000, whichever is greater. On the other hand, pain and suffering damages are capped at $750,000.
It’s important to recognize that every case is unique, and predicting an exact settlement amount can be challenging. Factors like the severity of injuries, long-term effects, and liability assessment may all influence the final settlement. We advise victims to seek guidance from a Wisconsin personal injury attorney to help estimate a reasonable settlement and ensure they receive fair compensation.
What Happens After the Other Driver Is Proven To Be at Fault for the Accident?
After establishing fault, you or your attorney will contact the at-fault driver’s insurance company. You will provide them with evidence and documentation of the accident and your injuries. The insurance company will review the case and, if they accept liability, offer a settlement to compensate you for your injuries and losses.
However, negotiations may occur if the insurance company’s initial settlement offer does not adequately cover expenses and losses. This often involves back-and-forth communication between the attorney and the insurance adjuster. The goal is to reach a fair and satisfactory settlement.
Also, you may consider filing a lawsuit against the liable driver if negotiations don’t yield an acceptable settlement. Your car accident lawyer will guide you through this process to ensure the appropriate legal documents are filed and your case proceeds through the court system successfully.
During the lawsuit, both sides engage in a process called discovery. This involves gathering evidence, taking depositions, and reviewing documents related to the case. Your attorney will build a strong case to prove the other driver’s negligence and your resulting damages.
Never Take the First Offer From the Insurance Company
When you’re involved in an accident and you’ve filed a claim with the insurance company, they often respond with an initial settlement offer. However, their primary goal is to save money, and offering a quick, low settlement is one way to achieve that. They hope you’ll accept the offer without realizing the full extent of your damages.
Right after an accident, you may not know the potential long-term impact of your injuries. This is because, after a car accident, medical issues may develop over time. Thus, accepting an early offer could leave you inadequately compensated for future medical expenses, lost wages, or pain and suffering.
Additionally, the first offer may not consider the full extent of the other party’s liability. It’s important to thoroughly investigate the circumstances of the accident to establish fault accurately, which can impact the amount of compensation you receive.
In Wisconsin, you have 3 years to file for personal injury claims. This is a reasonable timeframe, and rushing into a settlement may be unnecessary. Take time to understand the full extent of your injuries to secure just compensation.
Will You Have To Take the Driver to Court?
In many cases, car accident claims are resolved through insurance settlements. If the at-fault driver’s insurance company offers a fair and reasonable settlement that adequately covers your damages, you may not have to go to court.
However, if the insurance company doesn’t offer a satisfactory settlement, you might need to take the driver to court. In such cases, a court decision may ensure you receive the compensation you deserve.
Also, if the at-fault driver disputes their liability, you may need to file a lawsuit to establish liability in court. In court, a judge will determine liability according to the evidence tabled before him.
Contact Our Wisconsin Attorneys Today for a Free Consultation
A successful personal injury claim for car accidents involving pedestrians requires sound legal guidance. At Mingo & Yankala, S.C. Accident & Injury Lawyers, we offer personalized, compassionate support to ensure you receive the attention and representation you deserve.
A Wisconsin attorney will review your case and guide you to make informed legal decisions. Our award-winning legal team is ready to fight for your rights and secure the compensation you need to move forward after an accident. Call us today at (414) 404-6889 for a free and confidential case review.