Milwaukee Pedestrian Accident Lawyer

When a pedestrian is struck by a vehicle, the results can be catastrophic. Unlike drivers or passengers, pedestrians have no protection against the impact of a car, truck, or motorcycle, often leaving them with life-altering injuries or worse.

  • 25+ years fighting insurance companies for injury victims
  • Downtown Milwaukee office at 790 N. Milwaukee Street, Suite 300
  • $0 out of pocket. You pay nothing unless we win your case
★★★★★ 5 out of 5 from 22 verified Google reviews. read what clients say
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Gil Flores profile picture
2 years ago
★★★★★

It's been great working with Toby. He's an excellent attorney that helped immensely during this difficult and stressful period. I especially appreciate open honest dialogue which he always provides.

amelian henry profile picture
2 years ago
★★★★★

Great experience overall! Very communicative & informed me about everything every step of the way!

Stephen White profile picture
2 years ago
★★★★★

I was in a life-threatening car accident in April of 2023 caused by a drunk driver. I was given Toby Mulholland's information through my insurance agent, and contacting him was the BEST decision I could have possibly made. Let me just say, Toby was my advocate every step of the way - in the midst of such a traumatic accident, I had comfort knowing my Lawyer was doing everything in his power to right the wrongs of the person who nearly took my life. Everything about that experience was new to me - I had never been in an accident, dealt with insurance, filed a suit, given a deposition, etc. Toby was informative regarding all the legal processes which were taking place, and answered all questions I had - in essence: he was my biggest advocate other than myself. He is extremely organized, well spoken, and knows exactly what he is talking about. Without his help, I don't know how I would have gotten through such a turbulent time. If you find yourself in a similar position to me, where it feels like your world is collapsing, medical facilities trying to push you around, insurance companies calling you... Toby Mulholland is the person you need to shield you from the noise, the advocate you deserve, and the best Lawyer around. Thank you for everything you have done to help me in my most dire of times, Toby!

Ameenah Tate profile picture
2 years ago
★★★★★

Thank You for being more than attorney and seeing My situation for more than a payout if You're looking for a Lawyer that's gonna use the law to get You what You deserve and not be bought out by big corporations make sure You give Toby a call

Dr. Zoff Alkinany profile picture
2 years ago
★★★★★

I have been dealing with this law firm & Mr. Toby for a while now & have brought some friends to them, everyone left satisfied, and the relationship became more than just a client but a friendship, he works with passion, explains all the steps to you & guides you to the best, five stars ⭐️

ana profile picture
2 years ago
★★★★★

Very responsible and caring team. I recommend Mulholland law to anyone in search of a great attorney. Toby was great! he is so down to earth and easy to reach. He clarified any doubt I had and explained the whole process step by step. Thank you so much for all you've done for me and my family. I am forever grateful!

★★★★★ 5 out of 5 · Based on 22 Google reviews

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Expert Legal Representation by Toby P. Mulholland

Your Trusted Injury Lawyer

Attorney Toby P. Mulholland in a dark suit and purple tie

Since launching his law practice in 2000, Toby P. Mulholland has been a dedicated advocate for clients suffering serious injuries. He has extensive experience handling a wide range of personal injury cases, including motor vehicle accidents, wrongful death claims, construction accidents, premises liability, dog bite cases, and catastrophic injury litigation.

Toby’s distinguished career is marked by his skill in litigation, participating in numerous trials, mediations, arbitrations, and depositions. His innovative approaches to depositions have consistently resulted in successful outcomes for even the most complex cases. Clients appreciate his ability to navigate high-stakes situations with a creative, results-oriented approach.

Licensing and Professional Associations

  • Licensed to practice law in Illinois, Arizona, and Wisconsin
  • Member of the Arizona Association for Justice
  • Member of the Illinois Trial Lawyers Association

Protecting the Rights of Injured Pedestrians Throughout Wisconsin

If you or a loved one were hit while walking in Milwaukee, you need experienced legal representation from a team that understands the complexity of pedestrian injury claims.

At Mulholland Injury Law, our Milwaukee pedestrian accident lawyers are fierce advocates for injured victims. We understand the emotional and financial toll a sudden crash can bring, and we’re here to ensure that negligent drivers, and their insurance companies, are held fully accountable.

23

City of Milwaukee Fatalities (2022)

Within the city, 23 pedestrians were killed, the highest number since at least 2010, alongside 56 serious injuries.

Wisconsin Bike Fed, Feb. 2023

1,324

Statewide Data (2022)

Wisconsin reported 1,324 pedestrian-involved crashes, resulting in 72 fatalities and 1,195 injuries. In 2025, there were 1,389 crashes, 43 deaths and 1,268 injuries.

WisDOT crash statistics

59%

Disproportionate Impact

Black Milwaukeeans, comprising 39.4% of the city's population, accounted for 59% of pedestrian fatalities over the past five years, highlighting significant racial disparities.

Wisconsin Bike Fed review, five years to 2022

35

Contributing Factors

Key factors in pedestrian fatalities include low visibility, impaired driving, speeding, and distractions for both drivers and pedestrians. In 2022, 35 Wisconsin pedestrian deaths happened in the dark, compared with 23 in daylight.

WisDOT 2022 Crash Facts

Common Causes of Pedestrian Accidents in Milwaukee

Pedestrian accidents in Milwaukee often occur in crosswalks, intersections, near schools, or on busy streets. These incidents are almost always preventable and often caused by careless or reckless driving. Common causes include:

  • Failure to yield at crosswalks
  • Speeding in urban areas or residential zones
  • Running red lights or stop signs
  • Distracted driving (texting, using GPS, etc.)
  • Drunk or drug-impaired driving
  • Reckless turns or sudden lane changes
  • Poor visibility or inadequate lighting
  • Driving too fast for weather conditions

In some cases, unsafe road design, malfunctioning traffic signals, or construction zones may also contribute to the incident.

Where Wisconsin pedestrians were killed or hurt in 2022
  1. In a marked crosswalk at an intersection38617 killed
  2. On the road away from an intersection, not in a crosswalk29832 killed
  3. In a parking lane1580 killed
  4. At an intersection, outside the crosswalk675 killed
  5. In an unmarked crosswalk584 killed

Milwaukee County had 486 of the state’s 1,324 pedestrian crashes that year, including 30 of the 73 fatal ones. WisDOT 2022 Crash Facts

Types of Pedestrian Injuries We Handle

Due to the sheer force of a vehicle striking the human body, injuries sustained in pedestrian crashes are often severe or fatal. Our firm has helped clients who have suffered:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries and paralysis
  • Fractured or crushed bones
  • Internal bleeding and organ damage
  • Lacerations and road rash
  • Pelvic injuries and disfigurement
  • Psychological trauma such as PTSD
  • Wrongful death in fatal collisions
Two people walking hand in hand across a striped crosswalk

Many of these injuries require long-term rehabilitation, surgeries, and ongoing care. Victims may face lost income, permanent disability, or loss of quality of life. We’re here to fight for the compensation you need to rebuild your future.

What Should You Do After a Pedestrian Accident?

If you’ve been hit by a vehicle in Milwaukee, take the following steps to protect your rights and build your case:

  1. Seek immediate medical attention, even if you feel okay.
  2. Call 911 and ensure the incident is reported to the police.
  3. Document the scene: take photos or videos of the location, injuries, and vehicle involved.
  4. Gather contact details from the driver and any witnesses.
  5. Do not speak to the insurance company before consulting with an attorney.
  6. Call Mulholland Injury Law for a free, confidential case review.

Milwaukee police crash reports can be requested through the Milwaukee Police Department’s open records unit. MPD: obtain crash reports

Wisconsin Right-of-Way Rules That Decide Pedestrian Cases

Who had the right of way is usually the first question an insurer asks. Under Wisconsin law, yielding means the driver must slow down, or stop if needed, so the pedestrian is not endangered or interfered with.

Crosswalks without signals

Drivers must yield to a pedestrian crossing in a marked or unmarked crosswalk. At an intersection with sidewalks, an unmarked crosswalk exists where the sidewalk lines would meet across the road.

§ 346.24(1)

Signals and turning drivers

Drivers must yield to a pedestrian who started across on a green or “Walk” signal, and may not begin a turn that would endanger a pedestrian in the crosswalk.

§ 346.23(1)

Never pass a stopped car

When a vehicle has stopped at a crosswalk to let someone cross, drivers coming from behind may not pass it.

§ 346.24(3)

Schools and crossing guards

The limit is 15 mph passing a school when children are going to or from school, and drivers must stop where an adult crossing guard directs.

§ 346.57(4)(a), § 346.46(2m)

White canes and service animals

Drivers must stop at least 10 feet from a pedestrian using a white cane or a service animal, even if that pedestrian is breaking a traffic rule.

§ 346.26(1)

The pedestrian’s duties

Outside a crosswalk, a pedestrian must yield to vehicles, and where there is no sidewalk, should walk on the left facing traffic. Breaking these rules reduces a claim but does not automatically end it.

§ 346.25, § 346.28(1)

Source: WisDOT Wisconsin Pedestrian Laws card (HS 244) and Wis. Stat. § 346.57

Can I Sue After a Pedestrian Accident in Milwaukee?

Yes, if a driver was negligent or violated traffic laws and caused your injury, you have the right to file a personal injury claim. In most cases, your attorney will pursue compensation from the driver’s insurance policy. However, we also investigate other possible liable parties, including:

Even if you were partially at fault, Wisconsin follows a comparative negligence rule, meaning you can still recover damages if you were less than 51% responsible.

Your share of fault is compared separately with each party you claim against, and your award is reduced by that share. § 895.045

  • Employers (if the driver was on the job)

  • Rideshare companies (Uber, Lyft)

    Wisconsin requires rideshare companies to carry insurance for drivers using their apps, and a driver must disclose whether they were logged in when the crash happened. § 440.48

  • Government agencies (for dangerous roads or defective signals)

    A written notice of claim is generally due within 120 days. Damages are capped at $250,000 per person when a city or county vehicle caused the crash, and generally at $50,000 for road or signal claims. § 345.05 § 893.80

  • Vehicle manufacturers (in cases of defective braking or acceleration)

What Compensation Can I Receive?

Our Milwaukee pedestrian accident attorneys fight to ensure you’re fully compensated for all current and future losses, including:

Insurance companies often undervalue pedestrian claims, especially in cases involving traumatic injuries. That’s why it’s essential to have a lawyer who understands how to calculate both economic and non-economic damages and isn’t afraid to take your case to court if necessary.

  • Medical expenses (ER visits, surgeries, medications, rehabilitation)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress and trauma
  • Disfigurement or permanent disability
  • Loss of enjoyment of life
  • Wrongful death benefits (if a loved one was killed)

Hit-and-Run Pedestrian Accidents

Milwaukee sees a high number of hit-and-run accidents, especially involving pedestrians. If the driver fled the scene, you may still be eligible for compensation through:

  1. Your own uninsured motorist (UM) coverage

    Every Wisconsin auto policy must include at least $25,000 per person and $50,000 per crash in UM coverage, and an unidentified hit-and-run driver counts as uninsured.

  2. A relative’s auto insurance policy

    UM coverage on a policy owned by a relative you live with may also cover you.

  3. Crime victim funds or civil court claims

    Wisconsin’s Crime Victim Compensation Program pays up to $40,000 in out-of-pocket costs for eligible victims, including pedestrians hit by a drunk driver.

Our firm works closely with investigators and local authorities to track down hit-and-run drivers and identify every possible source of compensation.

Protecting Vulnerable Pedestrians: Children, Elderly & Disabled Victims

Certain populations, including children, seniors, and individuals with disabilities, are at heightened risk for pedestrian accidents. These victims often suffer more severe injuries and may require lifetime care. We have experience representing:

Children hit while walking to or from school

Wisconsin presumes a child under 7 cannot be at fault, so the child’s claim is not reduced for their own conduct. In 2022, 114 Wisconsin pedestrians were struck while walking to school, most between ages 10 and 19.

§ 891.44 WisDOT 2022 Crash Facts

Elderly pedestrians struck in crosswalks

Marked crosswalks at intersections were where the most Wisconsin pedestrians were killed or hurt in 2022, and where drivers are generally required to yield.

Individuals using wheelchairs or walkers

Under Wisconsin law, a person in a manual or powered wheelchair is a pedestrian, with the same right of way in crosswalks.

§ 340.01(43)

Visually impaired victims navigating sidewalks

Drivers must stop at least 10 feet away from a pedestrian with a white cane or service animal.

§ 346.26(1)

Our attorneys are sensitive to the specific needs of these cases and are committed to pursuing every dollar available to support long-term recovery.

Contact Us Today at (414) 286-9299 or Message Us Online to Schedule a Free Consultation

Why Choose Mulholland Injury Law?

Pedestrian accident cases require a deep understanding of both personal injury law and local traffic dynamics. At Mulholland Injury Law, we offer:

From Brady Street to West Allis and all across the Milwaukee metro, we’re your trusted legal partner when the unthinkable happens.

  1. Proven experience with complex pedestrian injury cases
  2. Aggressive negotiation with insurance companies
  3. No upfront fees: we only get paid if you win
  4. Client-first communication: you’re never in the dark
  5. Local knowledge of Milwaukee courts and intersections

Serving Pedestrian Victims Throughout Milwaukee

We proudly serve injured pedestrians in neighborhoods and districts across the area, including:

  • Downtown Milwaukee
  • Bay View
  • Riverwest
  • West Allis
  • Wauwatosa
  • South Milwaukee
  • Walker’s Point
  • Shorewood
  • Greenfield
  • Oak Creek

If you can’t come to us, we’ll come to you, in the hospital or your home.

Frequently Asked Questions (FAQs)

What should I do immediately after a pedestrian accident in Milwaukee?

Seek medical attention right away, even if you think your injuries are minor. Then, report the accident to the police, gather witness information if possible, and contact a Milwaukee pedestrian accident lawyer to protect your rights and begin investigating your claim.

Can I still file a claim if I was partially at fault for the accident?

Yes. Wisconsin follows a comparative negligence system. As long as you are less than 51% at fault, you may still recover compensation, though your award may be reduced by your percentage of fault.

How long do I have to file a pedestrian accident claim in Wisconsin?

In most cases, the statute of limitations is three years from the date of the accident. If you miss this deadline, you may lose your right to recover compensation entirely. If a pedestrian was killed, the family’s wrongful death lawsuit generally must be filed within 2 years, and claims involving a city or county need a written notice within 120 days.

What types of compensation can I receive after a pedestrian accident?

You may be entitled to compensation for medical bills, lost wages, future care costs, pain and suffering, disability, and more. A lawyer can help you determine the full value of your claim.

Do drivers have to stop for pedestrians at a crosswalk with no lines?

Yes. Where there is no traffic signal, Wisconsin drivers must yield to pedestrians in marked and unmarked crosswalks, and an unmarked crosswalk exists at an intersection where the sidewalks on each side would meet across the road. Drivers also may not pass a car that has stopped to let someone cross.

What if I was hit while crossing outside a crosswalk?

You may still have a claim. Outside a crosswalk, Wisconsin requires pedestrians to yield to vehicles, but a driver who was speeding, distracted or impaired can still be mostly at fault. Your recovery is reduced by your share of fault, as long as it is not greater than the driver’s.

The driver who hit me was never found. Can I still recover?

Often, yes. Wisconsin auto policies must include uninsured motorist coverage of at least $25,000 per person, and a hit-and-run driver who cannot be identified counts as uninsured. A policy belonging to a relative you live with may also apply.

Can I sue the City of Milwaukee for a dangerous intersection or a city vehicle?

Possibly. You generally must file a written notice of claim within 120 days. Recovery is capped at $250,000 per person when a city or county vehicle caused the crash, and generally at $50,000 for claims about road design or signals.

My child was hit by a car. Does the child’s age matter?

Yes. Wisconsin presumes that a child under 7 cannot be negligent, so the child’s claim is not reduced for their own conduct. A child’s injury claim can generally be filed until 2 years after the child turns 18, or within the normal 3 years if that is later.

What if an Uber or Lyft driver hit me?

Wisconsin requires rideshare companies to carry insurance for drivers using their apps, and the driver must disclose whether they were logged in at the time of the crash. That answer decides which policy pays, so it is important to get it in writing early.

Contact a Milwaukee Pedestrian Accident Attorney Today

You deserve justice. You deserve compensation. And you deserve a legal team that treats your case with the urgency and care it demands. Let us fight for what’s right while you focus on healing. Call (414) 286-9299 or fill out our online form to get started.

Contact a Personal Injury Lawyer in Milwaukee Today

At Mulholland Injury Law, we are committed to providing aggressive legal representation for victims of personal injury accidents.

Mulholland Injury Law, Milwaukee Office 790 N Milwaukee St, Ste. 300, Milwaukee, WI 53202 (414) 286-9299 info@mulhollandinjurylaw.com Open in Google Maps

Summarized from the Wisconsin Statutes, WisDOT crash data and its Wisconsin Pedestrian Laws card, the Wisconsin Department of Justice, the City of Milwaukee and the Wisconsin Bike Federation as of October 2026. This is general information, not legal advice. Deadlines and damage caps have exceptions, so talk to a lawyer about your situation.

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