We teach our children to look both ways and use the crosswalk. We assume that these designated areas offer a safe haven for pedestrians. But tragically, pedestrian crosswalk accidents are all too common in Wisconsin. A driver who is distracted, impatient, or simply not paying attention can turn a simple walk into a life-altering event.
If you have been injured as a pedestrian, it is crucial to understand your rights under Wisconsin law. Drivers have a clear legal duty to yield to pedestrians in crosswalks, and when they fail to do so, they must be held accountable. The compassionate Wisconsin pedestrian accident lawyers at Fitzpatrick, Skemp & Butler are here to be your voice and fight for the justice you deserve.
Wisconsin Crosswalk Laws: What Drivers Must Do
Wisconsin law is very clear about a driver’s responsibility at a crosswalk. According to Wisconsin Statute 346.24, drivers must yield the right-of-way to a pedestrian who is crossing the roadway within a marked or unmarked crosswalk.
This means drivers must slow down or stop to allow a pedestrian to cross safely. This applies to:
- Marked Crosswalks: These are the familiar white-striped lines painted on the road.
- Unmarked Crosswalks: An unmarked crosswalk exists at any intersection where sidewalks are present on opposite sides of the street. Drivers must yield here as well, even if there are no painted lines.
The only exception is at intersections controlled by traffic signals, where pedestrians must obey the “Walk” and “Don’t Walk” signals.
Why Do Crosswalk Accidents Happen?
Despite these clear laws, thousands of pedestrians are injured in crosswalks every year. These accidents are almost always preventable and are typically caused by driver negligence, including:
- Distracted Driving: This is the number one cause. Drivers who are texting, talking on the phone, or adjusting their radio are not looking for pedestrians.
- Failure to Yield While Turning: Many accidents happen when a driver is making a turn at an intersection and fails to see a pedestrian in the crosswalk.
- Speeding: A driver who is speeding has less time to react and stop for a pedestrian.
- Impaired Driving: Alcohol and drugs impair a driver’s judgment and ability to see and react to pedestrians.
- Poor Visibility: Accidents are more common at night or in bad weather when it is harder for drivers to see pedestrians.
What to Do After a Pedestrian Accident
Being hit by a car is a terrifying experience. If you are able, try to take the following steps:
- Call 911: Get medical help immediately and ensure a police report is filed.
- Get Driver Information: Obtain the driver’s name, contact information, and insurance details.
- Talk to Witnesses: Get the names and contact information of anyone who saw the accident.
- Document the Scene: If you can, take photos of the scene, your injuries, and the vehicle that hit you.
- Contact a Lawyer: Do not speak to the driver’s insurance company before you have consulted with a personal injury attorney.
Frequently Asked Questions (Q&A)
Q: What if I wasn’t in a marked crosswalk?
A: You may still have a case. While pedestrians also have a duty to exercise reasonable care, drivers have a general duty to look out for and avoid colliding with pedestrians. If the driver was negligent in some way (e.g., speeding or distracted), they can still be held liable.
Q: The insurance company is blaming me for the accident. What should I do?
A: This is a common tactic. Insurance companies will often try to shift blame to the pedestrian to avoid paying the claim. It is crucial that you do not give them a recorded statement. Contact an attorney immediately to protect your rights.
Q: What kind of compensation can I recover?
A: You may be entitled to compensation for all of your damages, including your medical bills, lost wages, future medical needs, and your pain and suffering.
Your Safety Is Our Priority
At Fitzpatrick, Skemp & Butler, we are committed to holding negligent drivers accountable and making our communities safer for everyone. If you have been injured as a pedestrian, we are here to help you on your road to recovery. Visit our homepage to learn more about our firm, and then contact us or call our experienced attorneys at 608-784-4370 for a free consultation.