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Pedestrian Accidents: When Intersections, People and Automobiles Collide
Getting struck by an automobile is a traumatic experience for most when two automobiles are involved. But when a vehicle strikes a pedestrian, the experience is not only traumatic but also often deadly.
Recently, an individual driving under the influence struck and killed a pedestrian. At approximately 7:15PM on June 18, 2015, the driver sped through a red light and struck a pedestrian who was properly walking within a crosswalk when she was struck by the vehicle. The pedestrian later died of her injuries at the hospital.
Proving Liability in Pedestrian Accident Cases
In the chaotic aftermath of an automobile accident, filing a lawsuit is the last thing on your mind. As you can see, the case identified above occurred because of the driver’s negligence. When you suffer injuries, or a loved one dies as a result of an automobile accident, you have legal options to hold the responsible party liable for your injuries.
Under Wisconsin law, when a traffic light controls the intersection, pedestrians and automobile drivers are to obey. If there is no intersection and a crosswalk is present, the pedestrian must use the crosswalk and the automobile driver must yield. If a pedestrian is crossing the street in an unmarked crossing zone, then the pedestrian must yield to the automobile.
If a driver, like the one illustrated above, runs a red light and hits a pedestrian walking within a crosswalk, then in most cases, that driver acted negligently. When a driver acts negligently, and causes your injuries, that driver can be held liable for your injuries.
Proving Negligence
In all negligence cases, there are four elements that need to be proved. In order to successfully prove negligence, you need to prove:- That the person who acted carelessly, recklessly or negligently had a duty to you;
- That this person breached this duty to you by failing to act as a reasonably prudent person would in a similar situation;
- That this person’s negligence or wrongful conduct caused your injuries; and
- That you actually suffered injuries as a result of this person’s negligent conduct.
Wrongful Death in Pedestrian Accidents
When an automobile driver negligently causes the death of pedestrian, a wrongful death action is appropriate if the decedent could have brought the action for injuries had they lived. Under Wisconsin law, a close family member or representative of the pedestrian’s estate can file a wrongful death action against the negligent driver.
Contact an Experienced Personal Injury Attorney
If you suffered injuries from an automobile accident as a pedestrian, or a loved one died walking within a crosswalk as a result of an automobile accident, you should contact experienced Milwaukee personal injury attorneys who will advise you of your best course of action, determine who is responsible for your injuries or a loved one’s death and get you the compensation you deserve.
