Pedestrian Accident Injuries

 Posted on December 00, 0000 in Car Accidents

Each year, thousands of innocent pedestrians die and tens of thousands suffer serious injuries from careless or reckless drivers. Of course, the harm that can result from a pedestrian being struck by an automobile, whether it is traveling slowly or fast, is significant, and may certainly lead to lifelong effects. The costs of medical care can add up quickly and exceed the annual income of most Wisconsin families.

According to the Centers for Disease Control and Prevention, approximately 4,700 pedestrians were killed in 2012 due to traffic accidents while another estimated 76,000 suffered injuries related to traffic accidents across the United States. Based on these statistics, a pedestrian dies every two hours due to a car accident, and every seven minutes a pedestrian suffers an injury due to a car crash as well. Innocent pedestrians are 1.5 times more likely to be killed in a car accident than passengers in a vehicle.

Causes of Pedestrian Accidents

Pedestrian accidents occur because of many different reasons. If you are in the crosswalk, or waiting to use a crosswalk in a designated area, a motorist:

• Might not be able to see you because of the environment, especially if it is early in the morning, night time, or even poor weather;
• Might pass another vehicle stopped at a crosswalk, and strike you;
• Might be driving too fast to stop for pedestrians in a crosswalk;
• Might be driving under the influence of drugs and/or alcohol; and/or
• Might be distracted while driving and not paying attention.

As you can see, pedestrians are at a significant disadvantage when traveling on the streets and sidewalks of Wisconsin. Most motorists fail to see pedestrians because they are distracted, speeding, or fail to take proper safety precautions. It only takes a second or a momentary lapse in judgment for an accident to occur.

Recovering for Your Injuries

If you suffered injuries as a result of a pedestrian accident, you can file a civil lawsuit against the driver, or attempt to settle your claims with the insurance company. If you file a civil lawsuit, the most common theory of recovery is negligence. A motorist is negligent when they act, or fail to act, as a reasonable person would under similar circumstances, to protect pedestrians and other motorists while operating an automobile on the streets on which they drive.  In order to prove negligence, you must prove:

• That the motorist owed you a legal duty;
• The motorist breached that duty;
• The motorist’s breach caused your injury; and
• You suffered damages as a result.

Under Wisconsin law, you have three years from the date of the injury to file a lawsuit in the court system. If you do not file the lawsuit by that time, your claims will be barred.

Consult an Attorney

If you or someone you know was involved in a pedestrian automobile accident, you should contact an experienced Milwaukee personal injury attorney who will be able to evaluate your case and assist you in determining your best route to recovery against the motorist. Reach out to our office today for help.