Walking is one of the most basic ways to get around Milwaukee, but it can also be one of the most dangerous. Pedestrians have no protection against the weight and speed of a car, truck, or SUV. When a collision happens, the person on foot almost always suffers serious harm.
At Warshafsky Law Firm, our Milwaukee pedestrian accident attorneys have fought for injured pedestrians for over six decades. We have seen how one careless driver can leave someone with life-changing injuries, overwhelming medical bills, and months of lost income. Whether a distracted motorist ran a red light, a drunk driver drifted onto a sidewalk, or a speeding vehicle failed to yield at a crosswalk, our lawyers will work to hold the responsible party accountable.
Wisconsin law allows injured pedestrians to seek compensation even if they share some of the fault – but insurance companies will use every tool they have to reduce what they owe. You need a pedestrian accident lawyer in Milwaukee who knows how to fight back. Contact our attorneys today for a free consultation to find out how we can help you.
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 Phone Calls
Car accidents in Wisconsin involving pedestrians happen frequently and can result in serious injury. According to the Wisconsin Department of Transportation’s 2024 Pedestrian Safety fact sheet, one pedestrian was killed or injured by a vehicle every 6.5 hours in 2024. 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. Pedestrian crashes most often occur on weekdays between 3 and 6 pm. 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.
*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. The same can be said for distracted drivers of motorcycles and other vehicles, so make sure you’re caught up on motorcycle accident laws when filing your claim.
A pedestrian who is hit by a car while jaywalking or failing to yield may be found at fault for the collision. 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 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 whether the collision occurred in Milwaukee, Waukesha, Jefferson County, or anywhere else in southeast Wisconsin.
It’s important to take smart steps to protect yourself after a pedestrian accident. Sometimes, this means making key decisions about what not to do. For example:
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:
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 a collision and may require therapy for treatment.
Determining who caused a pedestrian collision is one of the most important parts of any injury claim. In many cases, the driver who struck the pedestrian bears responsibility. However, liability can extend beyond just one person.
Negligent drivers are responsible for most pedestrian crashes in Milwaukee. A motorist who texts while driving, speeds through a school zone, or fails to check for anyone on foot before turning can be held responsible for the harm they cause. Commercial vehicle operators, including delivery trucks and semi-trucks, must follow even stricter rules of the road. When they violate those rules and injure a pedestrian, both the driver and the trucking company may share liability.
Rideshare drivers working for companies like Uber or Lyft also cause pedestrian collisions, especially in downtown Milwaukee’s busy areas. In these cases, the rideshare company’s insurance policy may provide additional coverage for the injured person.
Government entities can be held responsible when poorly designed intersections, missing crosswalk signals, broken streetlights, or inadequate signage contribute to a crash. Filing a claim against a city or county involves different rules and shorter deadlines, so it is important to talk to an attorney right away.
In hit-and-run cases, the driver who fled the scene is still legally responsible, but collecting compensation requires a different approach that often involves the injured person’s own insurance policy.
Every pedestrian injury case is different, so there is no single answer to this question. The value of a settlement depends on several factors, including the severity of injuries, the cost of medical treatment, and the long-term effects on a person’s life.
When our attorneys at Warshafsky Law Firm pursue a pedestrian accident claim, we will seek compensation for both financial losses and personal suffering. Financial losses can include hospital and emergency room bills, surgery and rehabilitation costs, prescription medication, lost wages during recovery, and reduced future earning capacity if a disability prevents someone from returning to their previous job.
Personal suffering covers the toll an injury takes beyond the bills. This includes physical pain, emotional distress, loss of enjoyment of life, scarring or disfigurement, and the strain a serious injury places on family relationships. A pedestrian who suffers a traumatic brain injury or spinal cord damage, for example, may face challenges that last a lifetime.
Insurance companies often try to get injury victims to settle pedestrian injury claims quickly and for as little as possible. Our lawyers will evaluate the full scope of your losses, including future medical needs and long-term effects, before agreeing to any settlement. If the insurance carrier refuses to offer fair compensation, our trial lawyers are prepared to take the case to court.
Not every driver carries enough insurance to cover the harm they cause, and some carry no insurance at all. In Milwaukee, hit-and-run collisions leave many injured pedestrians who are wondering how they will pay for medical care when the responsible driver cannot be found.
Wisconsin law provides a safety net through uninsured motorist (UM) and underinsured motorist (UIM) coverage. If you have auto insurance, or if you live with a family member who does, that policy may cover pedestrian injuries caused by an uninsured or hit-and-run driver. UM coverage (which is the portion of your auto policy that protects you when the at-fault driver has no insurance or drives away abruptly) can step in to help cover your medical costs, lost wages, and other losses. UIM coverage applies when the at-fault driver’s policy limits are too low to cover your full losses.
Many people do not realize that their own auto policy can protect them while they are walking. The rules around UM and UIM claims in Wisconsin can be complex, and insurance carriers may dispute coverage, challenge the extent of injuries, or argue that policy exclusions apply.
Our pedestrian accident attorneys at Warshafsky Law Firm have extensive experience handling UM and UIM claims. We will review your policy, identify all available sources of coverage, and fight to recover the compensation you need.
Some of the most common questions our attorneys receive from injured Wisconsinites include the following:
Under Wisconsin law, you typically have three years from the accident date to file a personal injury lawsuit. However, claims against government entities (such as a city responsible for a dangerous intersection) require earlier notice. Waiting too long can also allow evidence to disappear and witnesses to forget details. Speaking with a Milwaukee pedestrian accident attorney as soon as possible will help protect your right to compensation.
Most pedestrian injury claims settle before trial through negotiations with the insurance company. However, if the insurer refuses to offer fair compensation, taking the case to court may be necessary. Warshafsky Law Firm has a long track record of winning at trial, and insurance companies know it. That reputation gives our attorneys leverage during every settlement negotiation.
Wisconsin follows a comparative negligence rule, which means you can still receive compensation as long as you were not more than 51 percent at fault for the collision. However, your recovery will be reduced by your share of responsibility. For example, if a jury finds you 20 percent at fault, you would receive 80 percent of the total award. Insurance companies regularly try to shift blame onto pedestrians, which is why strong legal representation is essential.
If you or a loved one was injured in a pedestrian collision in Milwaukee, do not wait to get legal help. The attorneys at Warshafsky Law Firm are ready to fight for the full compensation you deserve. Contact our Milwaukee pedestrian accident lawyers today for a free consultation.
