If you are hit by a vehicle while walking in Wisconsin, Illinois or Iowa, your first priority should be getting to a safe location and seeking medical attention. Call 911, report the accident to law enforcement and document the scene if you are able. Collect the driver’s information, identify witnesses and take photos or videos of the roadway, vehicle, traffic signals and your injuries. Avoid giving detailed statements to an insurance company before understanding your rights. Because important evidence can disappear quickly and legal deadlines may apply, contacting an experienced pedestrian accident attorney as soon as possible can help protect your ability to pursue compensation.
Get to Safety and Call 911
The moments immediately following a pedestrian accident can be overwhelming. If you are able to move safely, get out of the roadway and away from additional traffic. Do not put yourself at risk of being struck by another vehicle.
Call 911 or ask someone nearby to call. Depending on the severity of the accident, emergency medical personnel and law enforcement may respond to the scene.
Even if the driver asks to handle the situation privately, having law enforcement respond can be important. An officer can document information about the driver, vehicle, location and circumstances surrounding the accident. In Wisconsin, for example, crashes resulting in an injury are considered reportable crashes under state law.
If the driver leaves the scene, try to remember as much information as possible without putting yourself in danger. A license plate number, vehicle make and model, color, direction of travel and description of the driver can all be useful to law enforcement.
Seek Medical Attention After a Pedestrian Accident
Pedestrians have little protection when they are struck by a vehicle. Even a collision that occurs at a relatively low speed can cause serious injuries.
If emergency medical personnel recommend transportation to a hospital, consider following their advice. If you do not go to the hospital from the scene, seek appropriate medical care as soon as possible if you are injured or develop symptoms.
Some injuries may not be immediately obvious. Adrenaline and shock can mask pain, and symptoms may become more noticeable in the hours or days following an accident.
Medical records can also become important evidence in an injury claim. They may document your symptoms, diagnosis, treatment and the progression of your injuries. Follow your medical provider’s recommendations and attend follow-up appointments. Gaps in treatment may later become an issue when an insurance company evaluates whether an injury was caused by the accident or how seriously it affected you.
Keep copies of medical bills, discharge instructions, prescriptions and other documents related to your care.
Make Sure the Accident Is Reported to Police
A police report can provide important documentation following a pedestrian accident. When speaking with law enforcement, explain what happened as accurately as possible, but avoid guessing about details you do not know or remember.
The responding officer may document information such as:
- The driver's identity and insurance information
- The location, date and time of the accident
- Statements from the driver and witnesses
- Road and weather conditions
- Vehicle information
- Traffic controls or signs
- Apparent injuries
- Citations issued following the accident
A police report does not necessarily determine who is legally responsible for an accident, but the information collected at the scene can be valuable when investigating what happened.
Ask how you can obtain a copy of the report once it becomes available. Wisconsin, Illinois and Iowa each have their own procedures for obtaining crash reports, so the process will depend on where the accident occurred.
Document the Scene and Your Injuries
If you are physically able to do so, take photos and videos before leaving the accident scene. Conditions can change quickly once vehicles are moved, witnesses leave and debris is cleared.
Try to photograph the entire area rather than focusing only on the vehicle. Depending on where the accident occurred, useful evidence could include the crosswalk, intersection, traffic lights, stop signs, sidewalks, parking lot, roadway markings, vehicle damage, skid marks, debris, lighting and nearby businesses or buildings.
Take photos of your injuries as well. Continue documenting visible injuries during the healing process when appropriate.
It can also be helpful to write down what you remember about the accident as soon as you are able. Include where you were walking, where the vehicle came from, the direction you were traveling, what the traffic signals showed and anything the driver said after the collision.
Get Contact Information from Witnesses
Independent witnesses can be especially important in pedestrian accident cases.
Drivers and pedestrians may have very different accounts of how an accident happened. A witness who saw the collision may be able to provide information about the vehicle's speed, whether the driver stopped, which direction the pedestrian was traveling or what the traffic signal showed.
If anyone witnessed the accident, ask for their name, phone number and email address.
Do not assume their information will automatically appear in a police report. If possible, collect it yourself or ask someone you trust to do so while you receive medical attention.
Nearby businesses, homes, buses, parking structures or traffic systems may also have surveillance or dashboard camera footage. This is one reason timing matters after an accident. Video may be overwritten or deleted if it is not identified and preserved quickly.
Be Careful When Speaking with Insurance Companies
After a pedestrian accident, you may be contacted by the driver's insurance company. The adjuster may ask for a recorded statement, request medical records or offer an early settlement.
Remember that an insurance company's job is to investigate and evaluate the claim. What you say about your injuries or the circumstances surrounding the accident may affect how the insurer handles your claim.
You do not have to speculate about what happened or minimize your injuries. Statements such as "I'm fine" made shortly after a crash can become an issue if injuries later turn out to be more serious than initially believed.
Before signing a release or accepting a settlement, make sure you understand what the agreement covers. Settling a claim generally ends your ability to seek additional compensation covered by the release, even if your medical condition later worsens.
Insurance coverage can also become complicated when a driver is uninsured, underinsured, driving for work, operating a rideshare or delivery vehicle, or driving someone else's car. In Wisconsin, for example, drivers are subject to minimum liability insurance requirements, but minimum coverage may not be enough to address the losses caused by a serious pedestrian injury.
An experienced personal injury attorney can investigate the available insurance coverage and determine which policies may apply.
Preserve Evidence of Your Financial Losses
A pedestrian accident can affect much more than your immediate medical bills. Serious injuries may require physical therapy, follow-up appointments, medication, surgery or other ongoing treatment.
You may also miss work or be unable to perform your normal job responsibilities.
Keep records of expenses and losses related to the accident. These may include medical bills, prescription costs, transportation expenses, lost wages and other out-of-pocket costs.
You should also consider keeping notes about how your injuries affect your daily life. Difficulty sleeping, walking, exercising, driving or performing ordinary activities may help demonstrate the full impact of an injury.
Why Timing Matters After a Pedestrian Accident
Acting quickly can be particularly important when a pedestrian accident occurs in a crosswalk, parking lot, intersection or roadway.
Physical evidence can disappear. Surveillance videos may be overwritten. Witnesses may become difficult to locate, and their memories may fade. Road conditions can change, and vehicles may be repaired or sold.
In some cases, responsibility may extend beyond the individual driver. For example, an accident could involve a driver who was working at the time, a commercial vehicle or potentially another person or entity whose conduct contributed to the collision. Identifying all potentially responsible parties can require a detailed investigation.
Legal deadlines also vary by state and by the circumstances of the claim. Wisconsin's State Bar notes that injury claims are generally subject to a three-year limitation period, while also cautioning that different deadlines and special notice requirements may apply depending on who caused the injury.
Because these requirements can vary in Wisconsin, Illinois and Iowa — and special rules may apply to claims involving government entities or other circumstances — you should not assume that a particular deadline applies to your case without speaking with an attorney.
Pedestrian Accidents in Crosswalks and Intersections
Crosswalk and intersection accidents can raise complicated questions about right-of-way, traffic signals and the actions of both the driver and pedestrian.
Evidence such as signal timing, surveillance footage, witness statements and vehicle data may help establish what occurred.
Drivers may fail to see a pedestrian because they are distracted, speeding, turning through an intersection or failing to yield. At the same time, insurance companies may investigate whether the pedestrian's actions contributed to the accident.
Fault rules differ between Wisconsin, Illinois and Iowa, making it important to evaluate the accident under the law of the state where it occurred rather than assuming the same rules apply everywhere.
Pedestrian Accidents in Parking Lots
Pedestrian accidents are not limited to public streets. Parking lots, garages and private driveways can also present serious risks.
Drivers may be backing out of parking spaces, looking for an open spot or focusing on other vehicles instead of pedestrians. Limited visibility, poor lighting and heavy pedestrian traffic can make these areas particularly challenging.
When a parking lot accident occurs, photographs and surveillance footage can be especially valuable. Nearby stores and businesses may have cameras that captured the accident, but that footage may not be preserved indefinitely.
An attorney can investigate the collision and, when appropriate, take steps to request that relevant evidence be preserved.
What if the Driver Blames the Pedestrian?
Do not assume you cannot pursue a claim simply because a driver or insurance company says you were partially responsible.
Pedestrian accident cases can involve disputes over fault, particularly when a collision occurs outside a marked crosswalk, in a parking lot or at an intersection.
The laws governing shared fault differ among Wisconsin, Illinois and Iowa. The specific facts of the accident — including witness accounts, video, traffic controls, physical evidence and police documentation — may all be important when determining responsibility.
An attorney can review the evidence and explain how the applicable state's laws may affect your potential claim.
Contact Hupy and Abraham After a Pedestrian Accident
If you or a loved one was injured as a pedestrian in Wisconsin, Illinois or Iowa, you do not have to navigate the insurance and legal process alone.
Hupy and Abraham, S.C. has more than 50 years of experience representing injured clients. Our attorneys can investigate how your pedestrian accident occurred, preserve important evidence, communicate with insurance companies and pursue the compensation available under the law.
The sooner an investigation begins, the better the opportunity may be to locate witnesses, obtain available video footage and preserve other evidence related to the collision.
If you have been injured while walking in a crosswalk, parking lot, intersection or roadway, contact Hupy and Abraham today for a free, no-obligation consultation. Our team is ready to listen to your story, explain your legal options and help you determine the next steps for your pedestrian accident claim.
FAQs About Pedestrian Accidents
What should I do immediately after being hit by a car as a pedestrian?
Move to a safe location, if possible, call 911 and seek medical attention. You should also document the scene, gather driver and witness information and report the accident to police.
Should I see a doctor if I feel fine after a pedestrian accident?
Some injuries may not be immediately noticeable because adrenaline and shock can mask symptoms. Seeking appropriate medical care can identify injuries and create important documentation for a potential claim.
What happens if the driver blames me for the pedestrian accident?
Being accused of contributing to the accident does not necessarily prevent you from pursuing compensation. Fault laws differ in Wisconsin, Illinois and Iowa, so the specific circumstances and evidence should be evaluated under the law of the state where the accident occurred.
What evidence should I collect after a pedestrian accident?
Photos and videos of the scene, your injuries, traffic signals, crosswalks and vehicle damage can be valuable evidence. You should also obtain witness contact information and keep copies of police reports, medical records and accident-related expenses.
How long do I have to file a pedestrian accident claim in Wisconsin, Illinois or Iowa?
Legal deadlines vary by state and the circumstances of the accident, and special rules may apply in certain cases. Speaking with an attorney promptly can help you understand which deadlines apply to your potential claim.
