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How Can Fault Be Determined in a Wisconsin Pedestrian Accident?

Posted on in Pedestrian Accidents

Green Bay, WI pedestrian accident lawyerWhen a pedestrian is injured in a car accident, the motorist who struck a person on foot may be held responsible for harm caused to the victim. Incidents that involve a pedestrian can be complex due to the damages and injuries that can occur in a collision, as well as the potential reasons behind the crash. Several factors should be considered when determining negligence.   

What Factors Can Lead to a Driver's Negligence?

If a person driving a vehicle looks away from the road, even for a split-second, he or she could cause a devastating accident. Motorists have a responsibility to the community to follow safe driving procedures. In an effort to avoid a potential car accident, a driver should refrain from these negligent driving behaviors: 

  • Not paying attention to pedestrians
  • Failing to use caution in bad weather conditions or at night
  • Not stopping or yielding at a crosswalk
  • Operating a vehicle while under the influence of drugs or alcohol
  • Driving while distracted
  • Not following driving laws

A driver should take every possible precaution when he or she is operating a vehicle. Although a car crash can be impossible to predict, certain actions can reduce the risk of a collision. 

What Factors Can Lead to a Pedestrian's Negligence?

According to the National Highway Traffic Safety Administration (NHTSA), 2018 saw 6, 283 pedestrian deaths due to traffic crashes. Even if a collision is not fatal, a pedestrian accident can lead to a variety of serious injuries. Although a pedestrian will often suffer the most harm in a collision with a vehicle, his or her negligent actions could have been the reason why the accident took place. Pedestrian negligence may include actions such as:

  • Not obeying traffic signals
  • Focusing on cell phones or other distracting items
  • Assuming he or she has the right of way
  • Being under the influence of drugs or alcohol

Even if a pedestrian is partially at fault for a collision, he or she may be able to recover compensation from a negligent driver. Under Wisconsin’s comparative negligence statute, a person who is less than 51% at fault for an accident may pursue compensation from the other party or parties who were responsible for the injury.

What Should Be Done After a Pedestrian Accident?

If you are injured in a pedestrian accident, you should not admit any fault, and you should not accept any form of payment. Even if you believe the accident was your fault, it may be determined that you were only partially to blame. In order to strengthen your case, you should obtain the necessary evidence to demonstrate liability; police reports, witness statements, and medical records can all play a role in determining who was at fault.  

Contact a Green Bay Pedestrian Accident Attorney

Immediately after a pedestrian accident takes place, you should seek legal advice from an experienced attorney. At Herrling Clark Law Firm, Ltd., our experienced Appleton, WI personal injury lawyers can help you determine your options for pursuing compensation for the injuries you have suffered. To schedule a free consultation, contact our office at 920-739-7366.

 

Sources:

https://www.nhtsa.gov/road-safety/pedestrian-safety

https://docs.legis.wisconsin.gov/statutes/statutes/895/I/045

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