$600,000 Settlement for a 95-year-old pedestrian hit by a car
Six-figure compensation won for Wisconsin woman struck in parking lot
Steve Caya was able to recover $600,000 for a 95 year old woman who was injured when struck by a car as she was walking in a convenience store parking lot. Steve Caya was able to secure the convenience store’s premises video that refuted the insurance company’s claim the incident was the fault of the injured party.
Pedestrian car accidents are no joke
If you were hit by car you can sue and get compensated for your injuries. File a claim and get the money you deserve to recover from your accident. Your best bet is starting with a free case evaluation from a pedestrian injury attorney experienced in securing compensation for victims.
Who is at fault if a car hits a pedestrian in a parking lot?
When a car hits a pedestrian in a parking lot, fault is determined based on specific details of the accident. Obviously if a person were to sprint in front of a car with no warning and be struck, some fault lies with the person on foot.
In most cases however the driver is found mostly or completely at fault. A pedestrian in a parking lot is much more vulnerable than the driver of a vehicle, so the driver has a greater duty of care (responsibility to act safely).
Do pedestrians have the right of way in a parking lot?
While there’s no Wisconsin statute specifically addressing pedestrian right of way in a parking lot, §346.62(3) forbids causing bodily harm to another person by “negligent operation” of a motor vehicle.
Since pedestrians are common and expected in parking lots, a driver who hits a pedestrian in a parking lot can pretty easily be found at fault for negligent operation of their vehicle. Common examples include distracted driving (especially looking at a smartphone), speeding, or simply failing to yield right of way.
Related: how comparative fault law affects Wisconsin car accident claims
Common injuries when a pedestrian is hit by a car
Injuries from being hit by a car can be extremely serious. The most common include:
- Head injuries
- Concussion (traumatic brain injury)
- Broken bones, especially pelvic fractures
- Spine injuries
- Cuts, scrapes and bruises
The type and severity of the injuries depends on the victim’s age, stature and overall health, the size and speed of the vehicle, and other objects causing impact (the pavement, a building, a post or sign, another car, etc).
What to do if you get hit by a car when you’re a pedestrian
Anytime you’re injured in an accident, whether on foot, on a bike, on a bus, or in your own vehicle, you need to:
- Get medical attention for your injuries as soon as possible
- Notify the police
- Collect and save as much evidence as you can, including medical bills and witness statements
- Avoid conversation with the person you hit you, beyond exchanging contact information
- Notify your insurance company (if you have motor vehicle insurance, your policy most likely includes coverage for this type of accident)
- Consult a personal injury attorney
There are several Wisconsin laws on car accidents that can affect your claim and even your settlement amount. Seeking the advice of an experienced injury attorney can make the difference between getting the compensation you need and getting the brush-off from those who have a duty to pay.
Before filing a lawsuit there's a few things you should know
Can you sue if you get hit by a car? As long as another person is 50% or more to blame for your injuries, you can sue. Injured victims are eligible to win compensation for injuries in a settlement or lawsuit should it come to it. Hiring a personal injury attorney can dramatically improve your chances of proving fault and collecting fair financial compensation.
Here's a few more things you need to know about filing a car accident lawsuit in Wisconsin:
- Yes, you can sue for car accident compensation
- Car accident lawsuit filing process
- How long after the accident you have to file a claim
- How long a car accident suit takes
- You can file yourself, but a lawyer can get you more
- Average car accident settlements in Wisconsin
Don't settle for the first offer you get. Take advantage of our free initial assessment to find out what your claim as a pedestrian hit by a car could be worth.
Free consultations for injured pedestrians in Wisconsin
Steve Caya is an award-winning personal injury attorney with experience on all sides: as a former insurance attorney, as a motorcycle accident victim, and since 2003 exclusively representing those injured by the fault of others.
Our law office is in Janesville, but you don't have to be. Get in touch and tell us a little about your case, and we'll come to you anywhere in Wisconsin for your consultation.