Hit by a Vehicle While Walking in Madison?

Pedestrian accidents produce devastating injuries. When a vehicle strikes a person on foot, there is no protective barrier — the human body absorbs the full force of impact. Even at low speeds, a vehicle can cause traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries, and severe road rash.

Call 911 or have someone call for you. Do not try to walk it off or minimize your injuries. Adrenaline and shock can mask pain for hours, and many pedestrian accident injuries — concussions, internal bleeding, hairline fractures — don’t produce full symptoms immediately.

If you can, stay still until paramedics assess you. Moving after being struck by a vehicle can worsen spinal injuries. Let first responders stabilize you and determine the best course of treatment.

Madison’s trauma centers are nearby: UW Hospital and Clinics is the region’s only Level I Trauma Center with 24/7 trauma surgery capability. SSM Health St. Mary’s Hospital is a Level II Trauma Center at 700 S. Brooks Street. Both are equipped for the severe injuries that pedestrian accidents commonly cause.

If your injuries allow, remain at the scene until police arrive and document the incident. The driver who hit you is legally required to stop, render aid, and provide their information. If the driver stopped, get their name, phone number, insurance company and policy number, driver’s license number, and license plate.

If the driver fled (a hit-and-run), try to note as much detail as possible: the vehicle’s color, make, model, direction of travel, and any part of the plate number. Ask witnesses to stay and provide their contact information to police.

If your injuries allow, photograph or have someone photograph: the intersection or location where you were struck, the vehicle that hit you, any crosswalk markings or lack thereof, traffic signals and signs, road conditions, weather and lighting conditions, your injuries, and any damaged personal items (phone, bag, clothing).

Note whether the crosswalk had a walk signal, whether there was a marked crosswalk, and whether any traffic control devices were present. This information is critical for establishing fault.

Get witness names and phone numbers. Witnesses who saw the vehicle’s behavior — speed, failure to stop, running a red light — can be decisive.

If police responded, they’ll generate a report. If not, file one by calling the Madison Police Department non-emergency line at (608) 255-2345. The main office is at 211 S. Carroll Street, Madison, WI 53703.

The police report documents the location, involved parties, witnesses, and the officer’s observations. It often contains critical information about whether the driver was cited for a traffic violation — failing to yield to a pedestrian, running a red light, distracted driving.

Follow up with a doctor within 72 hours even if you were evaluated at the scene or treated in the ER. Pedestrian accident injuries frequently have delayed complications. Traumatic brain injuries can worsen over days. Internal bleeding may not be immediately apparent. Soft tissue injuries develop symptoms gradually.

Document everything: every visit, diagnosis, prescription, medical bill, and day of missed work. This paper trail is the foundation of your claim.

The driver’s insurer will contact you. They will sound sympathetic. They are working to minimize your claim. In pedestrian cases, they may argue you were jaywalking, not paying attention, wearing dark clothing, or otherwise at fault.

You are not legally required to give a recorded statement. Decline politely. Do not accept any early settlement offers — they are almost always far below the true value of pedestrian injury claims, which tend to involve severe injuries.

Pedestrian right-of-way: Under Wis. Stat. § 346.23 and § 346.24, drivers must yield to pedestrians at marked and unmarked crosswalks at intersections. Pedestrians have clear legal rights when crossing at intersections.

Statute of limitations: Under Wis. Stat. § 893.54, you have three years to file a personal injury lawsuit.

Comparative negligence: Under Wis. Stat. § 895.045, you can recover as long as your fault is less than 51%. Your compensation is reduced by your fault percentage. Insurance companies routinely argue the pedestrian was partially at fault — crossing against the signal, jaywalking, distracted by a phone. Strong evidence from the scene is critical for countering these arguments.

At-fault state: The driver who caused the accident is responsible for your damages. Wisconsin requires minimum liability insurance of $25,000 per person for bodily injury.

Pedestrian accident claims often involve severe, life-altering injuries — and the medical bills to match. An experienced attorney can investigate the crash, establish the driver’s fault, counter arguments about pedestrian negligence, calculate the full value of your claim including future medical needs and lost earning capacity, negotiate with the driver’s insurer, and take the case to trial in Dane County Circuit Court if needed.

Most work on contingency — you pay nothing unless they win.