In 2024, 7,080 pedestrians were killed and more than 71,000 were injured in traffic crashes nationwide, according to NHTSA.
Wisconsin law requires drivers to yield to pedestrians in crosswalks (Wis. Stat. 346.23(1) and 346.24(1)), and the driver who caused the crash, along with that driver’s liability insurer up to the limits of its policy, can be held responsible for your losses (Wis. Stat. 632.24). Our Milwaukee personal injury office handles pedestrian accident claims on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Wisconsin Right-of-Way Rules That Protect Pedestrians
Wisconsin’s traffic code spells out when drivers must yield the right-of-way to pedestrians. The rules differ depending on whether the crossing has a signal (Wis. Stat. 346.23(1) and 346.24(1)).
Crossings with a signal or traffic officer
At an intersection or crosswalk controlled by traffic signals or a traffic officer, a driver must yield to a pedestrian who has started to cross on a green signal or a walk signal (Wis. Stat. 346.23(1)). That protects you even if the light changes while you are still in the street, because the rule looks at when you started to cross.
Crossings without a signal
Where there is no signal or traffic officer, a driver must yield to a pedestrian crossing within a marked or unmarked crosswalk (Wis. Stat. 346.24(1)). The rule covers unmarked crosswalks at intersections that have no painted lines, as well as marked ones (Wis. Stat. 340.01(10)).
When one vehicle stops at an intersection or crosswalk to let a pedestrian cross, a driver approaching from behind may not pass the stopped vehicle (Wis. Stat. 346.24(3)). NHTSA calls this a multiple threat crash: a second driver’s view of the pedestrian is blocked by the stopped vehicle.
What the law expects from pedestrians
A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is difficult for the driver to yield (Wis. Stat. 346.24(2)).
Deadlines and Shared Fault in a Wisconsin Pedestrian Claim
You generally have 3 years to file a lawsuit for your injuries (Wis. Stat. 893.54(1m)(a)). If a pedestrian is killed, a wrongful death claim arising from a motor vehicle accident must be filed within 2 years (Wis. Stat. 893.54(2m)). Because that deadline is shorter, families should not wait to get advice.
If a child was hurt, the child can usually file until 2 years after turning 18, or within the normal period, whichever is later (Wis. Stat. 893.16).
Wisconsin uses comparative negligence, a rule that compares each person’s share of fault for the crash. You can still recover if your negligence was not greater than the driver’s, but your compensation is reduced by your share of fault (Wis. Stat. 895.045(1)). In a case between you and one driver, a 50/50 split still allows recovery, while being found 51 percent or more at fault does not.
When a government vehicle hit you
If the vehicle that hit you belonged to a city or county, such as a bus, plow or squad car, written notice of the claim generally must be served within 120 days (Wis. Stat. 893.80(1d)(a)). For a claim based on the negligent operation of a vehicle owned and operated by a city, county or other municipality, recovery is capped at $250,000, and punitive damages are not allowed (Wis. Stat. 345.05(3) and 893.80(3)). Claims against a state officer, employee or agent require a sworn written notice served on the attorney general within 120 days, and recovery is capped at $250,000 (Wis. Stat. 893.82).
Insurance That Can Pay a Pedestrian Claim
Wisconsin requires the owner or operator of a vehicle on the road to have a liability insurance policy in effect (Wis. Stat. 344.62(1)). The minimum is $25,000 for injury to one person and $50,000 for injuries to two or more people in one accident (Wis. Stat. 344.01(2)(d)).
Wisconsin auto policies generally must include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident (Wis. Stat. 632.32(4)(a)1.). Whether your own policy covers you while you were walking depends on its terms, and Wisconsin law allows a policy to cap the uninsured motorist, underinsured motorist or medical payments coverage available to a person who was not using a motor vehicle at the time of the accident at the highest single limit for any one vehicle (Wis. Stat. 632.32(5)(g)).
Underinsured motorist coverage is optional in Wisconsin. If you bought it, the limits must be at least $50,000 per person and $100,000 per accident (Wis. Stat. 632.32(4m)(d)).
How Pedestrian Accidents Happen
Drivers who fail to yield
NHTSA lists a common crash type in which a pedestrian is in the crosswalk when the signals change and a car fails to yield to the pedestrian already in the crosswalk.
Turning vehicles
NHTSA lists a vehicle turning right or left, or merging, into the path of a pedestrian without yielding as a common crash type between pedestrians and cars.
Speeding and distraction
NHTSA warns that speeding endangers everyone on the road, including pedestrians, and that some drivers may be distracted.
Backing up in lots and driveways
NHTSA lists backing crashes, in which a driver fails to look for or see traffic when backing from a driveway, private road or parking lot, as a common crash type. Federal safety officials have found that children under 5 and adults 70 and older account for more than half of backover deaths.
Darkness and bad weather
NHTSA tells drivers to use extra caution at night and in bad weather, since pedestrians can be harder to see and may appear suddenly.
Pedestrian Accident Injuries and Compensation
Froedtert Memorial Lutheran Hospital in Milwaukee is listed by the Wisconsin Department of Health Services as a Level I trauma hospital.
Wisconsin’s insurance regulator describes liability insurance as making sure a person injured through a driver’s fault will recover from the losses that driver caused. The losses we document in a pedestrian claim can include:
- Emergency care, surgery and hospital bills
- Physical therapy and future treatment
- Lost wages and reduced ability to work
- Help at home while you recover
- Damaged property such as a phone, glasses or clothing
If a pedestrian dies, a wrongful death action may be brought by the personal representative of the person who died or by the person entitled to the recovery (Wis. Stat. 895.04(1)). Reasonable medical and funeral expenses may be recovered, and damages for loss of society and companionship are capped at $350,000 for an adult and $500,000 for a minor (Wis. Stat. 895.04(4)-(5)).
Punitive damages may be awarded when a driver acted maliciously or in intentional disregard of your rights, and they are generally capped at twice the compensatory damages or $200,000, whichever is greater (Wis. Stat. 895.043). That cap does not apply to a driver who was too intoxicated to drive safely.
What to Do After Being Hit by a Car in Milwaukee
- Call 911 and get medical care, even if you feel able to walk away
- Ask the responding officer how to get a copy of the crash report
- Photograph the crosswalk, signals, vehicle, lighting and your injuries
- Get the driver’s name, plate number and insurance information
- Collect names and phone numbers from witnesses
- Note nearby businesses, buses or homes with cameras
- Keep every medical record, bill and note of missed work
- Avoid giving a recorded statement to the driver’s insurer before you get advice
- If a city, county or state vehicle was involved, call right away because of the 120-day notice rule
If another driver hit you while you were inside a vehicle rather than on foot, our Milwaukee car accident team handles those claims too.
How 844-SEE-MIKE Helps After a Milwaukee Pedestrian Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Preguntas frecuentes
Can I still recover if I was crossing outside a crosswalk?
Crossing outside a crosswalk does not automatically end your claim. What matters is how fault is divided between you and the driver (Wis. Stat. 895.045(1)). If your share is not greater than the driver’s, you can recover, reduced by your percentage. We investigate how the crash happened so we can identify everyone who may have played a part in causing it.
Should I talk to the driver’s insurance company?
You can give basic contact information, but it is usually wise to hold off on a recorded statement or signing anything until you get advice.
What does it cost to hire 844-SEE-MIKE for a pedestrian case?
The consultation is free, and we work on a contingency fee. You pay no attorney fee unless we recover money for you, so you can get advice without worrying about an upfront bill.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
