You start a pedestrian injury claim by reporting the crash, getting medical care, gathering evidence, and notifying the insurance companies involved. If another person caused the crash, you may have the right to seek damages for your injuries and financial losses.
Many accident claims turn into disagreements about what happened. A driver may say the pedestrian entered the roadway unexpectedly. The pedestrian may say the driver ignored a crosswalk or traffic signal.
Our Milwaukee pedestrian accident lawyer will investigate the crash and work to prove what occurred. The sooner you begin protecting evidence and documenting your injury, the more information may be available to support your claim.
What Happens After You File a Pedestrian Injury Claim?
Many pedestrian injury claims begin with an insurance claim against the driver who caused the accident. After the insurance company receives notice of the claim, it will usually open an investigation.
An adjuster may review the police report, examine photographs, speak with witnesses, and request medical records related to the injuries. You may be asked to provide:
- Medical records
- Medical bills
- Photographs
- Statements from witnesses
- Police reports
- Proof of lost income
The insurance company uses this information to evaluate the claim and determine whether it accepts responsibility for the accident. If there is a disagreement about fault, more evidence may be needed before the claim can be resolved.
For a free legal consultation, call (414) 276-6666
What Happens if You Did Not Cause the Accident?
If another person caused the crash, you may seek damages through an insurance claim or lawsuit. Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045. This means more than one party can share responsibility for an accident.
For example, a driver may have failed to yield at a crosswalk. The insurance company may also argue that the pedestrian crossed outside a designated crossing area. Each side may present evidence about what happened before the collision.
However, an injured person generally cannot recover from a party if the injured person’s negligence is greater than that party’s negligence. The amount you recover may depend on the percentage of responsibility assigned to each party.
Who Can File a Pedestrian Injury Claim?
Usually, the person who was hurt in the accident can file a claim. This may include someone who was walking, jogging, running, crossing a street, standing on a sidewalk, or walking through a parking lot when a vehicle struck them.
In some situations, a parent or legal guardian may pursue a claim on behalf of an injured child. A claim may also arise after a fatal pedestrian accident. Wisconsin law allows certain surviving family members to seek wrongful death damages when a loved one dies because of another person’s actions.
Each case depends on its own facts. Questions sometimes arise about who has the legal right to file a claim, especially when a child suffers injuries or a family is coping with the loss of a loved one.
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Why Is Evidence So Important in a Pedestrian Injury Case?
Evidence often determines how a claim is resolved. Insurance companies rarely accept a person’s version of events without reviewing supporting proof. The stronger the evidence, the harder it becomes for an insurer to dispute what happened.
Helpful evidence may include:
- Police reports
- Traffic camera footage
- Business surveillance video
- Photographs from the scene
- Eyewitness statements
- Vehicle damage records
- Medical records
- Cell phone records if distracted driving is suspected
Video footage can be especially valuable because it may show how the collision occurred and who had the right-of-way.
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Why Can Determining Fault Be Difficult?
Some pedestrian accidents leave little room for dispute. Others involve competing accounts of what happened. A driver may claim the pedestrian stepped into traffic unexpectedly. The pedestrian may say the driver ignored a traffic signal or failed to yield.
People investigating the crash may review witness statements, video footage, and other evidence. Different parties do not always agree about what happened, and insurers do not automatically accept one version of events.
A dispute over fault can slow the claims process and affect settlement discussions. For that reason, evidence often plays a major role in pedestrian accident cases.
How Do Insurance Companies Handle Pedestrian Crash Claims?
After a claim is reported, the insurance company usually begins gathering information about the accident. An adjuster may review the police report, speak with witnesses, examine photographs or video, and request records related to the injuries being claimed.
The insurer uses this information to decide whether it accepts responsibility and how much it believes the claim is worth. In some cases, questions arise about fault, the cause of an injury, or the amount of damages being requested.
We communicate with the insurance company, review the evidence being considered, and respond when disputes arise during the claims process.
What Damages Can Be Recovered After a Pedestrian Accident?
The damages someone can recover depend on the case’s facts and the injuries involved. How long it takes them to recover from the accident is also a factor.
A claim may include damages related to medical care, missed income, future treatment needs, physical limitations, emotional effects, and other losses connected to the accident.
In fatal cases, our Milwaukee wrongful death lawyer helps surviving family members pursue damages related to losing their loved one. Depending on the circumstances, recoverable losses may include medical and funeral expenses, lost financial support, and loss of society and companionship.
We Help With Pedestrian Injury Claims in Wisconsin — Call Us
Starting a claim after a pedestrian accident can involve much more than filling out insurance forms. Gruber Law Offices will answer questions about fault and other issues that come up early in the process.
Our Milwaukee-based law firm has served tens of thousands of clients throughout Wisconsin for more than 40 years. Our team of more than 130 legal professionals has the resources to take on the insurers from day one. Our contingency fee agreement ensures you don’t pay us anything until we win your case.
Once we secure your settlement, our legal fees are taken out of that payment. There is no money due up front. Make “One Call…That’s All!” for a free consultation and learn how our Milwaukee personal injury lawyer will help you move forward after a crash.
Call or text (414) 276-6666 or complete a Free Case Evaluation form
