If you’ve been hit by a car while walking, your mind is likely racing with questions about your health, your finances, and your future. The most important thing to know is that as a pedestrian, you have significant legal rights, but the path to recovery and fair compensation can be complicated. You may be dealing with serious injuries, confusing calls from insurance adjusters, and a growing pile of medical bills. Understanding your rights as a pedestrian accident victim can help you protect yourself and get the support you need to heal and move forward.
An experienced Green Bay pedestrian accident lawyer can help guide you through the legal process, handle communication with insurance companies, and fight for the full compensation you deserve for your injuries and losses.
Key Takeaways for What You Need to Know After a Pedestrian Accident
- Drivers generally have a legal duty to exercise reasonable care to avoid hitting pedestrians, regardless of whether the pedestrian is in a crosswalk.
- State laws significantly impact a pedestrian accident claim, including whether a state uses a "fault" or "no-fault" insurance system.
- The legal concept of comparative negligence, used in Wisconsin, Minnesota, North Dakota, and Iowa, may reduce compensation if the pedestrian is found partially at fault.
- Strict deadlines, such as statutes of limitations, limit the time available to file a lawsuit after a pedestrian accident, and these deadlines vary by state.
- Compensation in a pedestrian accident case can cover economic damages like medical bills and lost wages, as well as non-economic damages for pain and suffering.
Understanding Your Fundamental Rights as a Pedestrian
Every time you step out for a walk, whether you're crossing a busy street in Eau Claire or strolling down a quiet rural road, you have certain rights. At the core of pedestrian accident rights is the principle that drivers of motor vehicles must operate their cars, trucks, and motorcycles with a level of caution known as a "duty of care." This means they have a legal responsibility to be aware of their surroundings and take reasonable steps to avoid harming others, especially vulnerable pedestrians.
This duty of care often includes:
- Yielding the right-of-way to pedestrians in marked and unmarked crosswalks.
- Driving at a safe speed for the current conditions, which might be slower than the posted speed limit in bad weather or congested areas.
- Paying attention and avoiding distractions like using a cell phone, eating, or adjusting the radio.
- Using extra caution in areas where pedestrians are common, such as near parks, schools, or residential neighborhoods.
Even if you were not in a designated crosswalk, a driver may still be held responsible if their negligence caused the accident. The law recognizes that a two-ton vehicle can cause catastrophic harm, and it places a significant burden on drivers to be vigilant. Understanding this fundamental duty of care is the foundation of your rights after an accident.
Pedestrian Accident Rights Statistics
The latest statistics from the National Highway Traffic Safety Administration (NHTSA), reveal a troubling nationwide trend that underscores the importance of holding negligent drivers accountable for the harm they cause.
- A Disturbing and Growing Trend: After decades of decline, the number of pedestrian fatalities began to climb again after 2009. In 2021, a staggering 7,388 pedestrians were killed and an estimated 60,577 were injured in traffic accidents across the United States. While walking accounts for about 10.5% of all trips, pedestrians now make up nearly 17% of all traffic fatalities, meaning pedestrians face a disproportionately high risk every time they set out on foot.
- The Dangers of Darkness and Open Roads: The vast majority of fatal pedestrian accidents happen under the cover of darkness. A shocking 76% of pedestrian fatalities in 2021 occurred when it was dark, with an additional 4% happening at dusk or dawn. Furthermore, most of these tragedies—nearly 73%—happened at non-intersection locations, often on wider roads with higher speed limits.
- The Shocking Frequency of Hit-and-Runs: In a deeply troubling statistic, 23% of all pedestrian fatalities in 2021 involved a hit-and-run driver. This means in nearly one out of every four fatal incidents, the driver responsible fled the scene, leaving the victim without immediate aid and their family with immense uncertainty. This cruel act compounds the tragedy and creates significant challenges for those left behind.
- Who Is Most at Risk: While anyone can be the victim of a pedestrian accident, the data shows that some groups are more vulnerable. Males account for 70% of all pedestrian deaths. Older adults are also at a significantly higher risk; people 65 and older accounted for 18% of all pedestrian fatalities. This is often because older individuals may walk more slowly and are physically more fragile, making them more likely to suffer life-threatening injuries in a collision.
These figures from the National Highway Traffic Safety Administration are more than just statistics. They represent friends, neighbors, and family members in our communities across Wisconsin, Minnesota, North Dakota, and Iowa.
How State Laws Impact Your Pedestrian Accident Claim
Where your accident occurred plays a huge role in your pedestrian accident rights. The laws in Wisconsin, Minnesota, North Dakota, and Iowa have important differences that can affect everything from how your medical bills are paid to how much compensation you can receive.
Fault vs. No-Fault Systems: A Four-State Comparison
One of the biggest distinctions in personal injury law is between "fault" and "no-fault" insurance systems. This determines who pays for your initial damages and how you pursue a claim.
The No-Fault States: Minnesota and North Dakota
In a no-fault system, your own insurance is typically the first source of compensation for medical bills, regardless of who caused the accident. Both Minnesota and North Dakota use this model, but with different rules for when you can sue the at-fault driver.
- Minnesota: If you are a pedestrian hit by a car, your own auto insurance policy’s Personal Injury Protection (PIP) coverage is the primary source of payment for your medical bills. You can step outside the no-fault system and pursue a claim against the at-fault driver for pain and suffering if your medical expenses exceed $4,000, or if the accident resulted in permanent disfigurement, permanent injury, death, or disability for 60 days or more.
- North Dakota: Similarly, North Dakota uses a no-fault system where your own policy's "Basic No-Fault Benefits" cover your initial economic losses. You are only able to pursue a claim against the at-fault driver for non-economic damages (like pain and suffering) if you have sustained a "serious injury," which is defined as an injury resulting in death, dismemberment, serious disfigurement, or disability for more than 60 days, or if your medical expenses exceed $2,500.
The Fault (Tort) States: Wisconsin and Iowa
Wisconsin and Iowa are fault states, also known as "tort" states. In these states, the person who caused the accident is held responsible for the damages from the start.
As a pedestrian, you would file a claim directly against the at-fault driver’s liability insurance to cover your medical bills, lost wages, and other losses. There is no injury threshold you have to meet before you can make a claim for pain and suffering.
The Rule of Comparative Negligence
What happens if an insurance company argues you were partially to blame for the accident—for example, by crossing mid-block or being distracted? All four states—Wisconsin, Minnesota, North Dakota, and Iowa—use a system called modified comparative negligence.
This rule means you can still recover damages as long as your share of the fault is not greater than the other party's.
- In Wisconsin, Iowa, and Minnesota, you can recover damages as long as your fault is not more than 50% (the 51% rule). If your fault is 51% or more, you cannot recover anything.
- In North Dakota, you can recover damages as long as your fault is less than the other party's. If your fault is 50% or more, you cannot recover.
In all these states, your final compensation award will be reduced by your percentage of fault. For example, if you are found 10% at fault for an accident in Eau Claire and your total damages are $100,000, your award would be reduced by 10% to $90,000.
Deadlines for Taking Action: Statutes of Limitations
Every state sets a strict time limit, called a statute of limitations, for filing a personal injury lawsuit. If you miss this deadline, you will likely lose your right to seek compensation forever. These deadlines are critical to your pedestrian accident rights.
- In Wisconsin, you generally have three years from the date of the accident to file a lawsuit, as stated in Wisconsin Statutes § 893.54.
- In Minnesota, the general statute of limitations for personal injury is six years from the date of the accident, according to Minnesota Statutes § 541.05. However, if your claim involves underinsured motorist coverage, that time limit might be shortened, so it's important to understand all aspects of your case.
- In North Dakota, the statute of limitations is also six years.
- In Iowa, the deadline is shorter; you typically have two years from the date of the injury to file a lawsuit.
These deadlines can have exceptions, which is why it is crucial to speak with an attorney who can clarify the specific timelines for your case and ensure you don't miss your window of opportunity.
What Kind of Compensation Can You Seek?
If you were injured by a negligent driver, you have the right to seek compensation for the harm you have suffered. This compensation, legally known as "damages," is intended to help make you whole again. Damages typically fall into two main categories.
Economic Damages are for measurable financial losses, such as:
- Current and future medical expenses (hospital stays, surgery, physical therapy, medications)
- Lost wages from time missed at work
- Loss of future earning capacity if you are unable to return to your previous job
Non-Economic Damages are for intangible losses that don't have a specific price tag, including:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent scarring or disfigurement
In some rare cases in Wisconsin, you may also be able to seek punitive damages. These are not meant to compensate you for your losses but rather to punish the at-fault party for extreme misconduct and deter similar behavior in the future.
To receive punitive damages in Wisconsin, you must prove the defendant acted with an "intentional disregard for the safety or rights of others." State law also caps these damages at $200,000 or double the amount of compensatory damages, whichever is greater.
FAQs: Pedestrian Accident Rights
Here are answers to some common questions that arise after a pedestrian is hit by a car.
What should I do if the driver who hit me fled the scene?
If you are the victim of a hit-and-run, you may still have options for compensation. Your own auto insurance policy might include uninsured motorist (UM) coverage, which can be used to cover your damages in this situation. It is crucial to report the accident to the police immediately to create an official record of the hit-and-run.
Can I still have a case if I was jaywalking when I was hit?
Possibly. As discussed under the comparative negligence section, being partially at fault does not necessarily prevent you from recovering compensation in Wisconsin, Minnesota, North Dakota, or Iowa. A driver still has a duty to see what is there to be seen and avoid a collision if possible. The specific facts of the case, such as the driver's speed and attentiveness, will be very important.
What role does the police report play in my claim?
The police report is a very important piece of evidence. It contains the officer’s initial observations about the accident scene, statements from you, the driver, and any witnesses, and crucial details about contributing factors, such as observed driver behavior or any traffic citations issued. While these details are not the final word on legal fault, insurance companies give them significant weight when evaluating a claim..
What if an uninsured or underinsured driver hit me?
If the at-fault driver has no insurance or not enough insurance to cover your damages, you may be able to make a claim through your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage, which is a part of your own car insurance policy. This is coverage you paid for to protect yourself in exactly this type of scenario.
Do I have to talk to the other driver's insurance company?
You are not legally obligated to give a recorded statement to the at-fault driver’s insurance adjuster. It is often wise to be cautious in these communications, as adjusters are trained to ask questions in a way that might get you to say something that could harm your claim. To protect your rights, you should state only the most basic, undisputed facts (such as your name and the date and location of the accident) and politely refer them to your attorney for any detailed questions. Never speculate, guess, or offer opinions about the accident or your injuries.
Get the Guidance You Need After a Pedestrian Accident
If you suffered injuries in a pedestrian accident, you should be focused on your physical and emotional recovery, not on fighting with insurance companies or trying to decipher complex legal statutes. Having a dedicated legal team on your side can lift that burden from your shoulders.
At Nicolet Law Accident & Injury Lawyers, we were born and raised in the Midwest. We understand the communities we serve, from Hudson to Duluth and from Green Bay to Des Moines. We see the heavy traffic on I-94 and know the dangers that exist on rural roads. We are here to listen to your story, explain your pedestrian accident rights in plain English, and stand up to the insurance companies for you. Our experienced Green Bay personal injury lawyer is ready to fight for the compensation you deserve.
If you or a loved one has been injured, contact us at 1-855-NICOLET or through our online form for a free, no-obligation case review. We don’t get paid unless we win for you, and we are ready to fight to get you the compensation you deserve.