Milwaukee Pedestrian Accident Lawyer

Pedestrians are very vulnerable when walking along the street. If a driver goes off the road or makes a mistake, a pedestrian is no match for a car. When these kinds of accidents happen, pedestrians can suffer catastrophic injuries. If you were hurt in a pedestrian accident, you can hold a careless driver accountable and get compensation.

Even though you were not driving a vehicle at the time of the accident, you can still rely on insurance for coverage. In Wisconsin, you can file a third-party claim with the other person’s insurance to obtain recovery or file a lawsuit if necessary. If the other driver fled the scene, you may file a claim against your own Uninsured Motorist auto coverage (even though you were not in your car at the time of the incident).

In all cases, our Milwaukee pedestrian accident lawyers are here to help you through this difficult time and receive justice. Call Wruck Paupore at (219) 322-1166 for a free case review as soon as possible.

Getting Compensation for a Pedestrian Accident in Milwaukee

After an accident, your first course of action will likely be to demand compensation from the at-fault driver’s insurance company. As long as the at-fault driver was in a vehicle during the accident, their auto insurance is likely obligated to pay you damages to satisfy your claim for damages.

Wisconsin is an at-fault state, which means injured pedestrians file third-party claims against the at-fault driver, who is legally required to carry insurance to pay these claims. Our Milwaukee pedestrian accident lawyers can help you navigate the complex insurance process so obtain you the full amount you are owed. Insurance companies are very skilled at the claims process, and unfortunately their goal is to pay injury victims as little as they can get away with. Our Milwaukee pedestrian accident lawyers know these tactics and how to defeat them so that you receive everything that you are entitled to.

If the insurance company refuses to fairly settle the case in a way that fully compensates you, we can pursue a personal injury lawsuit and demand what is owed through the court system.

Filing Insurance Claims for Pedestrian Accidents in Milwaukee

When seeking recovery, you have to be ready to prove that the other person was responsible for causing the accident. This is the “fault” part of the rules of an “at-fault” state like Wisconsin. Fault may be proven with a variety of evidence, including witness observations and photos or videos taken from the accident scene. Additionally, the police report from the accident and any subsequent law enforcement investigation can be very helpful and demonstrating your claim.

The more compelling your case, the more likely the insurance company will offer a fair settlement. Our Milwaukee pedestrian accident attorneys perform thorough investigations in order to provide irrefutable support for our client’s demand for justice so that our clients receive the maximum settlement possible.

When communicating with an insurance company, it is important to be mindful of how you conduct yourself and consult with a lawyer before saying anything. For example, saying you are “ sorry the accident happened,” an insurance company may try to twist this into an admission of wrongdoing. Insurance adjusters are highly trained professionals, and their primary goal is to pay you as little as possible. The experienced Milwaukee pedestrian accident attorneys at Wruck Paupore can help you avoid these traps and keep insurance companies honest.

Lawsuits for Milwaukee Pedestrian Accidents

After you file your insurance claim, the driver’s insurance company might deny you compensation or offer an inadequate settlement. In that case, we can file a personal injury lawsuit against the driver.

Most pedestrian accident cases are based on negligence. Cases of negligence involve four critical elements that must be proven in court. If even one of these elements is missing from your case, you will not be successful. Our Milwaukee pedestrian accident lawyers can help you prove your case and get compensation.

First, you must prove the driver owed you a duty of care. Behind the wheel, drivers owe a duty to follow traffic laws and conduct themselves with reasonable prudence and safety under the given conditions. What is considered safe or reasonable might change depending on the driving conditions.

Second, you have to show that the driver breached their duty of care. A breach might be anything that shows the defendant was not driving safely. For example, if the driver hit you because they ran a red light, a citation for a red-light violation might help prove the breach. Any information from a police report about the accident will also be helpful to your case, including if the driver was intoxicated or distracted while driving.

Third, you must prove causation. This means you must show the defendant’s breach of duty is the direct cause of the accident. If multiple drivers’ actions led to your injuries, you can file the lawsuit against all of them, each for their share of fault.

Finally, you must prove what damages resulted and how much they are worth. Your medical records and photos of your injuries, for example, can help satisfy this element.

What Evidence Do I Need for a Pedestrian Accident Lawsuit in Milwaukee

It is important to act as quickly as possible after an accident, as some evidence might be lost if you wait too long. Our Milwaukee pedestrian accident lawyers can help you collect the evidence you need to get compensation for your injuries.

In a pedestrian accident, there are often other people nearby. For example, a person who was hit by a car while walking down a crowded street would not have to look far for witnesses. These witnesses can testify about what they saw and how the accident happened. The more witnesses who can back up your claims, the stronger your case.

In some cases, though, the accident victim was walking alone when they were hit. If there is a store or home nearby, we can check for a security camera. Cameras are everywhere today, and there is a chance that your accident was caught on video.

If there are no security cameras, perhaps you took photos or recorded videos of your own. Cell phones are capable of a lot, including taking pictures and recording videos of accident scenes after the fact. If possible, a pedestrian accident victim or witness can use their phone to snap some pictures and record videos. These recordings might be the only evidence from the accident scene in some cases.

Even if the evidence is hard to come by, we can still work with you to develop a strong claim for compensation. Your medical records can be used to establish the severity of your injuries, and your testimony can be used to help prove that the defendant caused the accident.

Call Our Milwaukee Pedestrian Accident Lawyers

If you were recently hit by a car while walking as a pedestrian, you can pursue legal action to get the compensation you rightfully deserve. Call Wruck Paupore at (219) 322-1166 for a free case evaluation.