Getting hit by a car while walking is one of those events most people never imagine happening to them. Yet pedestrian accidents occur more often than many realize, and when they do, the effects can be devastating.
Suddenly, you are dealing with shock, pain, injuries, and questions about your future. If this has happened to you, knowing the legal steps after a pedestrian accident in Wisconsin can make a key difference in protecting your right to financial recovery.
Check for Immediate Safety and Injuries
The very first thing after any accident is your safety. If you are conscious and able to move, get yourself out of harm’s way and onto a sidewalk or shoulder. But do not try to move if you feel severe pain in your back, neck, or legs (and if there’s no oncoming traffic.) Staying still until medical help arrives may prevent further injury in such cases.
Pedestrian accidents can cause anything from broken bones to spinal cord damage to traumatic brain injuries. Even if you feel “okay,” the adrenaline from shock usually masks pain. That is why it is so important to get evaluated by a medical professional right away, even if your injuries seem minor.
Call 911 Immediately
In Wisconsin, calling 911 serves two critical purposes: it gets medical help on the scene, and it ensures law enforcement documents the crash. A police report becomes one of the most important pieces of evidence later if you need to file a claim.
The responding officer will gather information about what happened, assess whether the accident occurred on a marked or unmarked crosswalk, speak to witnesses, and record details that you may not be able to remember in the chaos of the moment.
Gather Information if You Can
If your injuries allow, try to collect some key details at the scene. Write them down on your phone or ask someone nearby to help you. Helpful information includes:
- The driver’s name, contact information, and insurance details
- License plate number and make/model of the vehicle
- Names and contact details of any witnesses
- Photos of the accident scene, including traffic signals, crosswalks, and your injuries
When you are able to document things at the accident scene, it generally strengthens pedestrian accident cases. You will have crash site evidence that may prove useful in a personal injury lawsuit to recover compensation for your serious injuries.
Get Medical Care and Keep All Records
Seek medical attention as soon as possible. Some injuries, such as concussions, internal bleeding, or soft tissue damage may not show up immediately. Having a medical record that links your injuries directly to the accident is crucial if you later pursue compensation.
Keep copies of:
- Emergency room reports
- Test results and scans
- Prescription lists
- Physical therapy notes
- Medical bills
These records are not only vital for your health but also for your insurance claim or personal injury claim against the at fault driver to recover fair compensation for your medical expenses, lost wages, and pain and suffering.
Report the Accident to Insurance
Injury claims related to a pedestrian accident in Wisconsin are usually filed against the driver’s car insurance. The Wisconsin Department of Transportation requires all drivers to carry liability insurance with minimum coverage levels, which may help pay for your injuries. If the driver was uninsured, you might still be able to file under your own auto policy’s uninsured/underinsured motorist coverage, even though you were on foot.
Even when speaking with your own auto insurance company, stick to the facts. Avoid speculating about fault or downplaying your injuries. Insurance adjusters may try to use your words against you to reduce what they pay.
Do Not Rush Into a Settlement With the Insurance Company
When the insurance company calls after your accident, it might feel like you can just explain what happened and receive a fair settlement. But here is the reality: insurance adjusters are not on your side. Their goal is to save the company money, not to make sure you are fairly compensated.
Why you should not negotiate directly:
- Quick settlements – They might push you to accept a low offer before you know the true cost of your injuries.
- Twisting your words – Even simple comments like “I’m feeling better” can be used to downplay your physical and emotional trauma.
- Shifting blame – They may try to make it sound like you were partly responsible for the accident.
Instead of putting yourself at risk, let a pedestrian accident claims attorney step in. Having someone with deep knowledge of Wisconsin law speak for you can help protect your claim against the negligent driver.
Call a Pedestrian Accident Lawyer in Wisconsin
When you are injured in a car accident, the aftermath is overwhelming: doctor visits, medical bills, and constant calls from insurance companies. This is where a pedestrian accident lawyer can step in and take the weight off your shoulders.
Here is what the right lawyer can do for you:
- Investigate the accident – Collect police reports, talk to witnesses, and gather surveillance footage if it exists.
- Work with medical experts – Show the full extent of your injuries, both now and in the future.
- Handle the insurance company – Keep adjusters from pushing you into unfair or premature settlements.
- Apply the law – Understand Wisconsin pedestrian laws and how comparative negligence might affect your case.
The bottom line? You need someone fighting for your best interests while you focus on recovery. Having a Wisconsin pedestrian accident lawyer in your corner levels the playing field and gives you peace of mind that your case is in capable hands.
Legal Help is Here for Pedestrian Accident Victims in Wisconsin
If your Wisconsin pedestrian accident happened due to driver negligence, you may have a right to seek compensation for your injuries and losses. At Gingras, Thomsen & Wachs, our pedestrian injury attorneys are ready to provide you with the strongest legal representation you need in a personal injury claim.
Our team of professional, passionate motor vehicle accident lawyers in Wisconsin has decades of experience helping injured victims like you pursue damages from the defendant and their auto insurance company on your behalf. We have a demonstrable record of recovering more than $200 million on behalf of our clients. To schedule your free consultation, call us at 855-954-1186 or contact us online.
