What to Do After a Pedestrian/Car Accident in Wisconsin
First Steps Following Pedestrian Collision
Pedestrian collisions happen every day in Milwaukee. Using a crosswalk and looking both ways doesn’t guarantee some distracted driver won’t run a red light. If you’ve been hit by a car, here’s what you need to know.
First 3 Phone Calls
- Emergency? Call 9-1-1
- Non-Emergency? Call your local county sheriff:
- Injured? Lawyer up now: 414-276-4970
Contacting the authorities and a car accident attorney from Warshafsky Law is your first step towards documenting your accident and starting a personal injury lawsuit. See a doctor as soon as possible to record any injuries, even if you do not think you were hurt.
Once you have made all the right calls, remember not to admit fault. Even stating “I’m sorry” can be construed as an admission of fault after an accident and leave you paying the bills. Exchange contact information with the driver and report the accident to the police.
Per Wisconsin Statute 346.70(1), car accidents must be reported if:
- There is an injury of a person OR
- $1,000 or more damage to any vehicle involved OR
- Damage of $200 or more to state or other government-owned property other than a vehicle
Once Warshafsky Law certified accident investigators arrive at the scene they will take photos and document evidence on your behalf. Early evidence can be critical to proving who was at fault. With our attorneys doing the work, you can focus on getting medical treatment.
Pedestrian Collision Statistics in Wisconsin
Based on data from 2012, the Wisconsin Department of Transportation found one pedestrian is killed or injured by a vehicle every 6.9 hours. As more drivers are distracted by cell phones this number is likely to rise. Unfortunately, almost every pedestrian hit by a car will suffer some form of serious injury.
Most pedestrian collisions occur on weekdays between the hours of 3 and 6 pm while crossing a road. Taking extra precautions around these times will reduce the chances of being hit by a car. However, people who do everything right from using a crosswalk to checking both lanes can still be struck by a negligent driver.
Pedestrian Crossing Laws based on Wis. Stats. 346.23 (1)(2), 346.24(1), and 346.25
- Vehicle operators must yield right-of-way to pedestrians* at all marked and unmarked crosswalks and when crossing sidewalks.
- In all other cases, pedestrians shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal.
- No vehicle may begin a turn at a controlled intersection or crosswalk when a pedestrian is crossing in the crosswalk, even on a green signal, if it endangers the pedestrian.
- Outside of marked or unmarked crosswalks, pedestrians must yield to vehicle traffic.
*In these statutes, pedestrians refer to anyone walking, running, cycling, or using an assistive/mobility scooter.
Drivers in a pedestrian/car accident may be found at fault if they did not yield at a crosswalk, were under the influence, or were distracted while driving. This can include texting or using a phone while behind the wheel.
Can I be found at fault if I’m hit by a car?
A pedestrian who is hit by a car while jaywalking or failing to yield may be found at-fault for the accident. If there is any doubt as to whether you were injured outside of a crosswalk, the insurance company will take full advantage of it to avoid a full payment.
In certain situations both the driver and pedestrian may be at fault. This will affect legal penalties and insurance payments. Even if you are not at fault, you will want a Warshafsky personal injury attorney on your side to guide you through the next steps.
Common Pedestrian Car Accident Injuries
A vehicle going 10 miles per hour is fast enough to leave a pedestrian dead or permanently disabled. Injuries to the legs are the most likely to occur based on past collision data. Frequent injuries:
- Broken bones
- Internal bleeding
Many pedestrians may not realize they have been injured due to shock. Visiting a doctor as soon as possible can be lifesaving. Developing post-traumatic stress disorder (PTSD) is very common after involvement in an accident and may require therapy for treatment.
What NOT to Do After Being Hit By a Car
- Don’t post on social media – You may be tempted to share your accident with friends, family, and followers online but be warned: any public statements you make may be used against you later. Posting about the “idiot” driver who hit you may be cathartic but it might hurt your case.
- Don’t avoid medical treatment – If you manage to walk away from a pedestrian collision consider yourself lucky. Always see a doctor within a few hours of an accident. You never know when you may have internal injuries. Medical documentation will make insurance claims easier.
- Don’t settle for less – Your insurance company will always try to settle for less. Often your compensation won’t even cover your full medical expenses. That doesn’t even get into lost wages or your pain and suffering. Warshafsky Law Aggressive Advocates trial attorneys build cases to win so you get the compensation you deserve.
Fatal Collisions: Liability After a Pedestrian/Vehicle Accident
If a loved one was killed by a car, the driver responsible could be found 100% liable for all damages. Warshafsky Law has free initial consultation for those injured in pedestrian collisions. These case assessments are free and you pay nothing until you receive compensation.