Drivers are well aware of their rights in a car accident, but what about pedestrians? What rights does a pedestrian hit by a car have in Wisconsin? Does it matter if the pedestrian was jaywalking at the time?
In general, a pedestrian hit by a car is able to recover damages, even if they are partly at fault for the accident due to jaywalking or other negligence. These types of cases fall under Wisconsin’s comparative negligence laws, which allow both parties to bear partial fault for accidents.
Comparative negligence laws in Wisconsin make it possible for both the driver and the pedestrian hit by a car to be liable for the accident. Pedestrians who are liable for 50% or less of the accident can still apply for compensation for the accident. Under the law, any party can apply for compensation as long as they do not bear more fault for the accident than the other party. However, they cannot receive full compensation; compensation awards will be reduced by the pedestrian’s degree of liability.
If the pedestrian hit by a car is found to be 40% liable for the accident and the driver 60% liable, any compensation awarded to the pedestrian will be reduced by 40%.
Both drivers and pedestrians have responsibilities to act safely and avoid accidents. Wisconsin law dictates that pedestrians:
Drivers also share responsibility for safety and the state requires that drivers:
Drivers and pedestrians are encouraged to follow additional safety measures to prevent vehicle-pedestrian accidents:
If you have been injured while walking along a road or crossing a street in Wisconsin, it may be possible to receive compensation for your injuries, even you were jaywalking and bear some fault for the accident. Discuss your case in a free case consultation with a pedestrian accident attorney at Eisenberg Law Offices. The consultation is free and carries no obligation; we work on a contingency basis which means you do not pay us unless we obtain a settlement for you.
Contact our office at 608-256-8356 or email email@example.com to arrange your free consultation.
Copyright © 2019 Eisenberg Law Offices, S.C. All Rights Reserved SiteMap
The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356