Pedestrian Accident Laws in Wisconsin: What Victims Need to Know

Walking is a fundamental part of life in Wisconsin, whether you’re commuting in downtown Milwaukee, enjoying a stroll around La Crosse, or simply crossing the street to a local park. While pedestrians have certain rights on the road, they are also incredibly vulnerable. When a collision occurs between a vehicle and a person on foot, the results are often catastrophic for the pedestrian.

If you or a loved one has been injured as a pedestrian, understanding your legal rights is the first step toward securing justice and the compensation you need to recover. This post will explain Wisconsin’s pedestrian accident laws, the duties of both drivers and pedestrians, and what to do if you are the victim of a pedestrian-involved crash.

Wisconsin’s Right-of-Way Laws: Who Has Priority?

Wisconsin law establishes clear rules to protect pedestrians, who are considered a vulnerable road user. The core principle is that drivers must yield the right-of-way to pedestrians in many situations. However, pedestrians also have a duty to exercise reasonable care for their own safety.

At Crosswalks

The most important rule concerns crosswalks. Under Wisconsin Statute 346.23, drivers must yield the right-of-way to a pedestrian who is crossing the roadway within a marked or unmarked crosswalk.

Marked Crosswalks: These are clearly indicated with white lines painted on the pavement.
Unmarked Crosswalks: These exist at any intersection where sidewalks meet the street, even if no lines are painted. Essentially, any corner intersection is an unmarked crosswalk.

A driver must slow down or stop to allow a pedestrian to cross safely. Furthermore, it is illegal for a driver to overtake and pass another vehicle that has stopped for a pedestrian in a crosswalk.

Outside of Crosswalks

When a pedestrian crosses a roadway at any point other than within a marked or unmarked crosswalk, they have a duty to yield the right-of-way to all vehicles on the roadway (Wisconsin Statute 346.25). However, this does not give drivers a license to be careless. Drivers still have a fundamental duty to exercise “due care” to avoid colliding with any pedestrian, regardless of where they are on the road.

Scenario	Driver’s Duty	Pedestrian’s Duty
At a Crosswalk	Yield the right-of-way (stop if necessary)	Proceed safely; do not suddenly leave a curb
Not at a Crosswalk	Exercise due care to avoid a collision	Yield the right-of-way to all vehicles
No Sidewalk Available	Be aware of pedestrians on the shoulder	Walk on the left side of the highway, facing traffic

Proving Driver Negligence

Most pedestrian accidents are caused by driver negligence. To hold a driver liable, you must prove they failed to exercise reasonable care, and this failure caused your injuries. Common forms of driver negligence include:

Distracted Driving: Texting, talking on the phone, or adjusting the radio.
Speeding: Driving too fast to stop in time for a pedestrian.
Failure to Yield: Ignoring a pedestrian’s right-of-way at a crosswalk.
Disregarding Traffic Signals: Running a red light or stop sign.
Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs.
Failing to Use Headlights: Driving at night without proper illumination.

What if the Pedestrian Was Partially at Fault?

Insurance companies often try to shift blame to the pedestrian to reduce or deny a claim. They might argue the pedestrian was jaywalking, distracted by their phone, or wearing dark clothing at night. However, under Wisconsin’s modified comparative negligence rule, you can still recover damages even if you were partially at fault.

As long as you are found to be less than 51% responsible for the accident, you can recover compensation. Your final award will simply be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 10% at fault, you would receive $90,000.

Steps to Take Immediately After a Pedestrian Accident

Call 911: Report the accident and request emergency medical assistance immediately.
Stay at the Scene: Do not leave the scene until law enforcement arrives.
Get Driver and Witness Information: Obtain the driver’s name, contact information, and insurance details. Also, get contact information for any witnesses.
Document Everything: Take photos of the scene, the vehicle involved, your injuries, and any relevant traffic signs or signals.
Seek Medical Treatment: Get a full medical evaluation, even if you feel your injuries are minor. This creates a crucial medical record for your claim.
Do Not Give a Recorded Statement: Do not speak to the driver’s insurance company or provide a recorded statement without first consulting an attorney.

Compensation for Injured Pedestrians

A successful personal injury claim can provide compensation for a wide range of damages, including:

Medical Bills: All costs related to your treatment, including hospital stays, surgeries, physical therapy, and future medical needs.
Lost Wages: Income lost while you were unable to work.
Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.

How a Wisconsin Personal Injury Lawyer Can Help

If you’ve been hit by a car, you should not have to face the legal battle alone. The insurance company’s goal is to pay out as little as possible. The experienced pedestrian accident attorneys at Fitzpatrick, Skemp & Butler, LLC will fight to protect your rights. We will:

Conduct a thorough investigation into the accident.
Gather evidence, including police reports, witness statements, and surveillance footage.
Handle all communications with the insurance companies.
Work with experts to calculate the full extent of your damages.
Fight for the maximum compensation you deserve, in or out of court.