Many people enjoy taking walks, whether it's around their neighborhood or through crowded downtown areas and tourist spots. However, a simple walk can become life-changing when you're hit by a car. Unfortunately, these incidents are common and often result in significant physical and emotional trauma for victims.
If you've suffered an injury as a pedestrian due to a driver's negligence, it's important to understand your rights and consult with an experienced attorney as soon as possible.
Buss Law, LLC is dedicated to providing comprehensive legal support for victims following pedestrian accidents. Their experienced attorney will work tirelessly to help you pursue the justice and compensation you deserve. Located in Wauwatosa, Wisconsin, Attorney Kyle Buss serves clients throughout the state. Reach out today to schedule a free consultation.
Understanding Pedestrian Accidents
According to the Wisconsin Department of Transportation, approximately 1,300 accidents involving pedestrians occurred in 2022. These accidents can occur in a variety of settings, including intersections, crosswalks, and parking lots. Some of the most common types of pedestrian accidents include:
HIT AND RUN INCIDENTS: Where the driver flees the accident scene without stopping to assist the victim or contact authorities.
PARKING LOT ACCIDENTS: When a driver fails to see a pedestrian while backing out of a parking space.
SIDEWALK COLLISIONS: When a driver veers onto the sidewalk and hits a pedestrian.
BACKING VEHICLE INCIDENTS: When a pedestrian is struck by a vehicle that's backing up, often in parking lots or driveways.
CROSSWALK ACCIDENTS: When a driver fails to yield at crosswalks and intersections, hitting pedestrians who have the right-of-way.
Pedestrian accidents may be caused by various factors, such as distracted driving, speeding, failing to yield, impaired driving, poor road conditions, adverse weather conditions, and distracted walking on the part of the pedestrian. If you've been involved in a pedestrian accident, consult with an experienced personal injury attorney as soon as possible.
Common Injuries from Pedestrian Accidents
Pedestrians are particularly vulnerable in traffic accidents since they don't have protection against vehicles. As a result, the injuries sustained from these accidents are often severe and life-changing. Some of the most common injuries include:
BROKEN BONES: Pedestrians often suffer broken bones due to the impact of being hit by a car or other vehicle.
HEAD INJURIES & TRAUMATIC BRAIN INJURIES (TBIs): These can occur if the pedestrian's head strikes the ground or a hard object upon impact.
SPINAL CORD INJURIES: A pedestrian may suffer a spinal cord injury, resulting in paralysis or other permanent disabilities.
INTERNAL ORGAN DAMAGE: Pedestrians may sustain internal organ damage due to blunt force trauma. These injuries can be life-threatening and require urgent medical attention.
SOFT TISSUE INJURIES: These include bruises, sprains, strains, and whiplash. While they may not be as severe as other injuries, they can still cause significant pain and discomfort.
In addition to physical injuries, pedestrian accidents can also have lasting emotional effects on victims. Many experience anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues following an accident.
Regardless of the severity of your injury, it's important to seek medical care immediately. Some injuries may not be visible and leaving them untreated could lead to complications in the future.
Injured? Don't Fuss, Call Buss!
Establishing Liability After a Pedestrian Accident
In Wisconsin, pedestrians have the right-of-way at all marked and unmarked crosswalks. This means that drivers must yield to pedestrians when they are crossing, and should slow down or come to a complete stop if necessary. If a driver fails to yield and hits a pedestrian in a crosswalk, they may be held liable for the accident.
Determining liability in pedestrian accidents can be complex. Wisconsin is a "fault" state, meaning the party responsible for causing the accident is liable for damages. However, in some cases, both the driver and pedestrian may share fault for the accident. For example, if a pedestrian was not using a designated crosswalk or was walking while distracted, they may bear some responsibility for the accident.
Under Wisconsin's modified comparative fault rule, if a pedestrian is found to be partially at fault for the accident, their compensation may be reduced by their percentage of responsibility. If a pedestrian is found to be more than 50% at fault, they will be unable to recover compensation.
Statute of Limitations for Pedestrian Accident Claims
The statute of limitations for personal injury claims related to pedestrian accidents in Wisconsin is three years from the date of the accident. This means victims must file a lawsuit within this time frame to retain their right to pursue compensation.
Potential Compensation for Pedestrian Accidents
If you've been injured in a pedestrian accident in Wisconsin, you may be entitled to compensation for your losses. The primary types of damages you may be able to recover include:
MEDICAL EXPENSES: This includes the cost of emergency care, hospitalization, surgeries, medication, physical therapy, and other necessary medical or rehabilitation treatments.
LOST INCOME: If your injuries prevent you from working or require you to take time off work, you may be able to recover lost wages. This can also include future income due to a loss of earning capacity.
PAIN AND SUFFERING: You may be eligible for compensation for physical pain and emotional distress caused by the accident, especially if it impacts your quality of life.
DISABILITY AND DISFIGUREMENT : If applicable, you can pursue damages for any lasting impairments or visible disfigurement resulting from the accident.
WRONGFUL DEATH: In cases where a loved one has died as a result of a pedestrian accident, their family members may file a wrongful death lawsuit to seek compensation.
Why Choose Buss Law, LLC?
It can be overwhelming to deal with the physical injuries and emotional trauma that follow a pedestrian accident. That's why it's crucial to consult an experienced attorney who can advocate for your rights and help you fight for the compensation you deserve.
Buss Law, LLC is passionate about representing pedestrian accident victims. They prioritize a client-focused approach to cultivate a strong attorney-client relationship and deliver tailored legal strategies. Some of the ways Attorney Buss can help include:
GATHERING EVIDENCE: Attorney Buss can help collect and preserve crucial evidence, such as surveillance footage, witness statements, and medical records.
DETERMINING LIABILITY : Attorney Buss can help determine who's responsible for your injuries and help you file a compensation claim.
NEGOATIATING WITH INSURANCE: Insurance companies are known to offer low settlements or deny accident claims altogether. Attorney Buss can negotiate on your behalf to reach a fair settlement.
REPRESENT YOU IN COURT: If a fair settlement can't be reached, Attorney Buss is ready to take your case to trial and fight for the best possible outcome.
Wisconsin Pedestrian Accident Attorney
If you or a loved one has been injured in a pedestrian accident, it's important to consult with an attorney who can help you understand your rights and your options moving forward. Buss Law, LLC is experienced in handling pedestrian accident cases and is ready to help you pursue the compensation you deserve for your injuries. Located in Wauwatosa, Wisconsin, the firm serves clients throughout the state. Reach out today to schedule a free consultation.