Wisconsin Pedestrian Accident Guide
The Wisconsin Pedestrian Accident Guide was created by Keberle, Patrykus & Laufenberg, LLP to help residents who have been injured in an accident obtain maximum compensation for their claim.
Have you been injured in a pedestrian accident in Washington County? Being injured in an accident can really change your life— and often not for the best. When you are injured in a pedestrian accident, you deserve to see compensation for your injuries and related damages. Our Washington County pedestrian accident attorneys are here to help you get the compensation that you deserve.
Contact our attorneys today for a free initial consultation in which we can go over the details of your pedestrian accident case. We will walk you through what steps you need to take to get a compensation award that is full and fair. Do not hesitate to get in contact with our office as soon as possible.
What to Do After Being Involved in a Pedestrian Accident in Washington County
There are many different modes of transportation on the road. On any given day, you can encounter bikes, trucks, buses, cars, and pedestrians, just to name a few. The risk of an accident looms over all these modes of transportation, but an accident involving a pedestrian can be catastrophic. The rules of the road are designed to protect everyone; when someone is negligent, that negligence can create liability disputes. If you have been injured by a driver of a vehicle while you were a pedestrian, you can be compensated for your damages and injuries. When you seek compensation, you are telling the liable party’s insurance company that you need compensation for two primary things:
- Past and future medical bills, and
- Past and future lost wages
Those are considered your economic damages because you can clearly account for how much money you paid in medical bills or calculate how much money you lost in earnings.
When you are harmed in a pedestrian accident, odds are your injuries are severe. Being a pedestrian leaves you vulnerable to the impact of a vehicle. If a car hits you, you have no protection from anything and your body takes the full force of the impact. We often see injuries including:
- Head, neck and back injuries
- Broken or fractured bones
- Scarring and disfigurement
- Internal organ damage, etc.
Seeking emergency medical care for these accidents is essential.
How Compensation Works for Pedestrian Accidents in Wisconsin
Wisconsin law states that you can receive compensation even if you are partially at fault for causing the accident that you were injured in. These shared fault laws dictate how much compensation you can receive in relation to how much you are to blame for your accident. During insurance negotiations, the parties involved will determine the role that you played in causing your accident. You will receive a compensation award that reflects the fault you had.
Something to understand about shared fault is that the only way to be compensated in full is to be able to prove that the other party was completely at fault for causing the accident. The laws state that:
- You can receive full compensation if you are not found at fault
- You can receive a reduced compensation if you are fault partially at fault
If you did nothing wrong while you were walking and were following all the rules of the road but got hit by someone being careless, then your fault will likely not affect your compensation award.
However, let’s say you were walking down the road and came to a corner with traffic lights. You checked diligently to see if either side of traffic was clear. You see that the light is green, but you go anyway. Then a car that comes zipping around a corner speeding doesn’t stop in time and hits you. In that case, you may be partially at fault for the accident in the eyes of the insurance company.
For a case such as that, you might be deemed 20 percent at fault for your accident. If you were awarded $100,000 in damages, that award would be reduced to $80,000 to account for the part you had in causing your injuries.
Common Mistakes to Avoid After a Pedestrian Accident Injury
I recently met with a new client who had been injured as she was crossing the street, and she had a question that many of my clients have, and that you may also have if you’ve been injured as a pedestrian. The question was: What mistakes can you make and how can they hurt your case? The first mistake you can make is not seeking immediate medical attention. That’s very important to do if you’ve been hurt. The second mistake that you can make is not following your doctor’s instructions. The third mistake you can make is giving a recorded statement to the other party’s insurance company. I think the fourth mistake you can make is not seeking legal advice in a timely manner.
Determining the Value of a Pedestrian Accident Claim
If you have been involved in a pedestrian accident, you may be wondering how much your pedestrian injury claim is worth. That depends. It depends on the nature and extent of your injuries, for one. It also depends on the amount of medical care you need. It depends, too, on whether you’re going to need medical care in the future and how much that might cost. It will depend on whether you lost wages because of your injuries and whether in the future you’re going to have lost wages as well. It’s going to depend on how long you are treated for your injuries.
These are all questions that can’t be answered at a first or even second meeting with your lawyer. You need to hire an experienced injury lawyer who knows how to get the answers to these questions for you in order to give you an evaluation of your claim. If you have additional questions about your injury claim, please feel free to call us.
How Long Does It Take to Settle a Pedestrian Accident Claim?
A client of mine recently asked how long it would take to resolve her pedestrian accident claim. If you’ve been injured as a pedestrian, you may have the same question. The answer to that question is, well, it depends. It depends on the nature and extent of your injuries – how severe are they? It’s going to depend on how long you have to receive treatment for your injuries. It’s going to depend on if you miss work, as well as if you have to be rehabilitated in any way. It’s going to depend on how willing the insurance company is to resolve your claim in a fair manner. If they’re not, then a lawsuit probably has to be filed, and you’re going to have to have a trial, adding on months, if not a year or more, to your claim.
Partial Fault Pedestrian Accident
I met with a lady recently who had been injured as a pedestrian and she was concerned that she didn’t have a claim because she was partially at fault. You may have that same question. Here’s how it works in Wisconsin: As long as you’re 50% at fault or less, then you still have a claim. These are very fact-specific questions, and you’ll need to hire an experienced injury lawyer, who has handled pedestrian injury claims before, in order to have these questions answered for you.
Pedestrian Accident Medical Bills
I met with a gentleman recently who had been very seriously injured as a pedestrian, and the medical bills were starting to pile up. He was very worried about how those were going to get taken care of. You may have that same question. Here’s what I told him.
First of all, make sure your medical care providers have your health insurance information and they bill your health insurance. Also, tell them who your auto insurance carrier is, because oftentimes your medical payments provisions will pay up to a certain amount of your medical expenses. The other party’s insurance company isn’t going to pay until the very end, so it’s important that your medical care providers have your insurance information.
Selecting a Pedestrian Accident Attorney
I was asked a question the other day that you may also have, regarding how to go about choosing the best pedestrian accident lawyer. First of all, you want to have a lawyer who has personal injury experience, someone who focuses only on personal injury cases. That focus will lead to success. Second, you want to have a lawyer who is experienced in pedestrian accident cases, someone who’s handled these before and knows the ins and outs. Third, you need a trial lawyer. You need someone who’s willing to take it to court if the insurance company isn’t willing to fairly resolve your claim.
Speaking to an Insurance Company After a Pedestrian Accident
I had a call the other day from a gentleman who had been injured as a pedestrian, and he asked if he should give a recorded statement to the other party’s insurance company. You may have the same question if you’re injured as a pedestrian. The answer is no, never give a recorded statement to the other party’s insurance company. They don’t represent you— they represent the other party. Their aim is to get information from you that will make your claim harder to win and allow them to pay less.
Please Call Our Washington County Pedestrian Accident Attorneys Today
Getting seriously injured in a pedestrian accident can cause many problems in your life, and it is important that you get compensation that will alleviate that burden. Our Washington County pedestrian accident attorneys are here to help you get the compensation that you need and deserve, and we will work tirelessly to do so.
You shouldn’t have to suffer because of someone else’s carelessness. Please give our office a call today to get a free initial consultation.
Subscribe to Our YouTube Channel
Like Us on Facebook