Pedestrians are predominantly vulnerable to traffic accidents when motorists are negligent. Unfortunately, a pedestrian accident may result in minor or serious injuries, including bruises, fractures, emotional traumas, traumatic brain injuries, soft tissue damage, or long-term disabilities. If you or someone you know were involved in a pedestrian accident caused by a negligent party, you may be eligible to pursue fair financial compensation.

At The Paul Benson Law Firm, I have the resources, expertise, and experience to assist, guide, and represent pedestrian accident victims in their injury claims. As an experienced Wisconsin personal injury attorney, I can investigate all of the facts of your case and explore your possible legal options to recover damages. Also, I can attempt to protect your rights and help you seek fair financial compensation to cover medical expenses, lost wages, pain and suffering, and other potential damages.

My firm – The Paul Benson Law Firm – proudly represents pedestrian accident victims across Janesville, Wisconsin, and the surrounding areas of Beloit and Rock County.



Determining Liability

Wisconsin is an at-fault auto insurance state. That means the motorist who caused the accident (the at-fault party) will be held civilly and financially liable for medical bills, property damages, and other accident-related expenses suffered by the injured pedestrian. To recover damages for your pedestrian accident injuries, you need to prove the following elements:

  • The at-fault party owed you a duty of care.

  • The at-fault party breached the duty of care because they were negligent.

  • The at-fault party's negligence or carelessness caused your injuries.

  • You suffered bodily injuries, actual harm, or someone lost their life due to the accident.

A skilled Wisconsin personal injury attorney can review facts of your unique circumstances and enlighten you about the state laws affecting pedestrians.

Right of Way Rules

Understanding the right-of-way rules can help motorists avoid or reduce traffic accidents. Here are some right-of-way laws in Wisconsin that affect pedestrians:

  • Pedestrians have the right-of-way at any point where there is a natural crossing for a sidewalk.

  • Drivers must yield the right of way to pedestrians crossing the road to avoid hitting them.

  • For safety reasons, drivers are advised to always yield the right of way to pedestrians.

Pedestrian's Responsibilities

Here are some rules that apply to pedestrians in Wisconsin:

  • Pedestrians must yield to drivers when crossing a road where there is no intersection or crosswalk.

  • Pedestrians must yield to drivers when crossing a road where there is no "walk" signal for pedestrians.

  • Pedestrians must not suddenly move into the path of a closely approaching vehicle.

  • Pedestrians must obey all traffic rules and pay attention to motor vehicles and other road users.

  • Pedestrians must not drink and walk.

  • Pedestrians must take extra caution when walking at night and dusk.

  • When a sidewalk isn't available, pedestrians must walk on and along the left side of a highway.

Driver's Responsibilities

Here are some rules that apply to drivers in Wisconsin:

  • Drivers must yield to pedestrians when crossing a sidewalk.

  • Drivers must yield to pedestrians when entering a driveway or alley.

  • Drivers must yield to pedestrians who have started crossing the road.

  • Drivers must yield to pedestrians who are crossing the highway within an unmarked or marked crosswalk at an intersection where no control signals or traffic lights exist.

  • Drivers must not overtake any car that stops at an intersection or crosswalk to permit a pedestrian to cross the roadway safely.

If a pedestrian accident occurs due to a driver's negligence, recklessness, or carelessness, they may be found negligent and held liable. An experienced pedestrian accident attorney can evaluate the surrounding circumstances of the incident and determine the amount of damages you can recover.

Modified Comparative Fault in Wisconsin

Furthermore, Wisconsin operates using the modified comparative fault rule, with a 51% bar. Under the system, pedestrian accident victims may be allowed to seek damages for their injuries if the other party was mostly (51% or more) at fault for the accident or injury. However, the amount of compensation that you may recover will be reduced by your fault percentage.

According to Wisconsin's modified comparative fault principle, a pedestrian accident victim will be barred completely from seeking damages if they are found to be more negligent than the other party.

Damages Available

Victims of pedestrian accidents may recover the following damages by filing an injury claim:

  • Medical expenses, including the cost of future medical treatment

  • Lost wages and other benefits

  • Replacement or repair of any damaged property

  • Reduced earning capacity

  • Physical pain and suffering

  • Disability expenses

  • Emotional distress or mental anguish

  • Legal or attorney fees

  • Exemplary or punitive damages to further punish the at-fault party

  • Wrongful death damages, where applicable

A skilled attorney can walk you through the pedestrian accident claims process and ensure that you file your injury claims within the required timeline.

Statute of Limitations

The statute of limitations for pedestrian accidents in Wisconsin is three (3) years from the date of the accident. This means that plaintiffs must commence a civil action to recover damages for any medical, property, or other injuries within three years of the date the pedestrian accident or injury occurred.

Work With a Skilled Personal Injury Attorney

Being involved in a pedestrian accident can be overwhelming and affect your physical, emotional, and financial well-being. However, you should never face the challenges and financial liability all by yourself. Therefore, when you are hurt in a pedestrian accident caused by a negligent party, hiring a skilled personal injury attorney is crucial to protect your best interests and help you pursue fair financial compensation for your injuries. 

At The Paul Benson Law Firm, I'm committed to offering comprehensive legal counsel, assistance, and vigorous representation to clients in their pedestrian accident cases.

Also, I will fight compassionately to protect your legal rights, help you hold those responsible for your injuries liable, and assist in recovering the maximum available compensation.


If you or someone close to you were hurt in a negligent pedestrian accident, you may pursue fair compensation. Contact my firm – The Paul Benson Law Firm – today to schedule a one-on-one case evaluation. I can offer you the experienced legal guidance, support, and compassionate representation you need in your pedestrian accident claims. My firm proudly serves clients throughout Janesville, Beloit, and Rock County, Wisconsin.