Right of way and driver duty
Wisconsin law requires drivers to yield to pedestrians in crosswalks and to exercise due care to avoid hitting anyone on the road. Distraction, failure to yield when turning, and speeding through intersections are common causes — and none of them is the pedestrian's fault.
Paul M. Marriett investigates how the crash happened, from signal timing to witness accounts, and deals with the driver's insurer directly.
When the driver is uninsured
Hit-and-run and uninsured drivers are a real problem in pedestrian cases. Your own auto policy's uninsured-motorist coverage may apply even though you were walking. Identifying every available source of recovery is often the difference in these claims.
Where and how pedestrians get hit
Most pedestrian crashes happen in predictable places, and understanding the setting often points to who was at fault:
- Crosswalks and intersections — drivers turning who fail to look for people on foot.
- Parking lots — vehicles backing out or cutting through without yielding.
- Low light and winter conditions — early darkness and snowbanks around Madison reduce what drivers see and where pedestrians can walk.
- Distracted driving — a driver looking at a phone instead of the road.
Paul M. Marriett reconstructs how the crash happened — from signal timing to witness accounts to available video — because the driver's insurer will often try to place the blame on the person who was hurt.
Common pedestrian accident injuries
A person on foot has nothing between them and a vehicle, so these crashes tend to cause the most serious injuries of any traffic case:
- Traumatic brain injuries — from the impact or from striking the ground.
- Spinal cord injuries — with the risk of lasting impairment.
- Fractures of the legs, pelvis, and hips — common where a bumper strikes.
- Internal injuries — that require immediate and sometimes ongoing care.
Because pedestrian injuries are so often severe, the long-term cost of care is central to valuing the claim fairly.
What your claim can cover
Depending on the facts, compensation in a pedestrian case may include:
- Emergency, hospital, and ongoing medical care;
- Future treatment, rehabilitation, and lasting disability;
- Lost income and reduced ability to earn a living;
- Pain, suffering, and the effect on daily life;
- In a fatal crash, the losses a wrongful-death claim allows the family to recover.
Paul M. Marriett makes sure every available policy is identified and the claim reflects the full picture — not the insurer's first, low number.
What a case costs
Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.
Frequently asked questions
Do I have a claim if I was hit outside a crosswalk?
Possibly. Drivers have a duty of due care to avoid hitting anyone on the road, not only people in crosswalks. Wisconsin's comparative-negligence rule lets you recover as long as you were not more at fault than the driver.
Who has the right of way at a Wisconsin crosswalk?
Drivers must yield to pedestrians in crosswalks and exercise due care to avoid a collision. A driver who turns or proceeds without yielding may be responsible for the crash.
What if the driver who hit me fled the scene?
Your own auto policy's uninsured-motorist coverage may apply in a hit-and-run, even though you were walking. Reporting the crash promptly helps protect that option.
Can I recover if I was partly at fault?
Likely yes. Under Wisconsin's comparative-negligence rule you can recover as long as you were not more at fault than the driver, with your recovery reduced by your percentage of fault.
What injuries do pedestrian accident claims cover?
A claim can account for the full range of harm — brain, spinal, and orthopedic injuries and more — including future care, lost income, and the effect on daily life, not just the first hospital bill.
How much does it cost to hire Paul for a pedestrian accident case?
Pedestrian cases are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs regardless of outcome, and Paul explains exactly how that works, in writing, before you sign.