When a pedestrian accident occurs in Green Bay, Wisconsin, determining liability becomes a critical factor in securing compensation. Wisconsin follows the "modified comparative negligence" doctrine, which can significantly impact the outcome of your personal injury claim. This legal principle evaluates the actions of both the pedestrian and the motorist to determine each party's percentage of fault. In pedestrian accidents, common scenarios include jaywalking, crossing against signals, or walking along roadways improperly, which may reduce the pedestrian's potential recovery. However, even if you were partially at fault, you may still be entitled to compensation as long as you were not more responsible than the defendant. Understanding how comparative negligence works is essential for navigating the complexities of your claim, especially when dealing with insurance companies that often attempt to shift blame to minimize their financial liability.

Legal Rights and Considerations

Wisconsin Statute § 895.045 governs comparative negligence cases, stating that a plaintiff may recover damages as long as their negligence is not greater than the defendant's (the 51% rule). In Green Bay pedestrian accidents, this means victims can recover compensation even if they were up to 50% at fault, though their award will be reduced by their percentage of responsibility. Wisconsin's minimum auto insurance requirements include $25,000 per person for bodily injury, which may be insufficient for serious pedestrian injuries, making underinsured motorist coverage crucial. Victims must file personal injury claims within three years of the accident date per Wisconsin's statute of limitations. Available compensation typically includes medical expenses, lost wages, pain and suffering, and potentially punitive damages in cases of gross negligence. The Wisconsin "collateral source rule" allows plaintiffs to recover the full value of medical expenses even if insurance covered some costs. An experienced Green Bay pedestrian injury lawyer(link is external) will handle all aspects of the legal claim.

Comparative negligence can be a factor in all kinds of injury accident claims. Click the links below to get information from an experienced attorney for accidents and injuries including:

• Green Bay car accident attorney(link is external);
• Green Bay motorcycle accident lawyer(link is external);
• Green Bay truck accident lawyer(link is external);
• Green Bay bicycle accident attorney(link is external);
• Green Bay brain injury lawyer(link is external);
• Green Bay spine injury attorney(link is external);

Related Resources

Local Courts

• Brown County Circuit Court 200 S. Jefferson St., Green Bay, WI 54301 (920) 448-4155
• U.S. District Court, Eastern District of Wisconsin 125 S. Jefferson St., Green Bay, WI 54301 (920) 884-3720

Support Services

• Brain Injury Alliance of Wisconsin 262-790-9660 or 1-800-882-9282
• Wisconsin Department of Transportation's Crash Victims Resources (608) 266-3581
• ADRC of Brown County (Aging & Disability Resource Center) (920) 448-4300

Legal Resources

• Wisconsin Department of Transportation - Pedestrian Laws https://wisconsindot.gov/Pages/safety/education/pedestrian/default.aspx(link is external)
• State Bar of Wisconsin Lawyer Referral Service (800) 362-9082
• Wisconsin Office of the Commissioner of Insurance (800) 236-8517

Return to the Green Bay pedestrian accident statistics information page