What Are the Legal Options for a Pedestrian Hit by a Car in Wisconsin?

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 in Wisconsin

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%.

Staying Safe on Wisconsin Streets and Roadways

Both drivers and pedestrians have responsibilities to act safely and avoid accidents. Wisconsin law dictates that pedestrians:

• Yield to vehicles that have the right-of-way when crossing at an undesignated intersection, unmarked crosswalk, or where there isn’t a walk indicator signal.
• Do not walk in front of approaching vehicles that are too close to safely stop.
• Walk on the left side of the road in places where there are no sidewalks.

Drivers also share responsibility for safety and the state requires that drivers:

• Watch for pedestrians when turning.
• Reduce speed and follow posted speed limits in areas with a high number of walkers, including schools, parks and playgrounds and residential neighborhoods.
• Yield to pedestrians crossing roads at any time, whether it is a designated intersection, marked crosswalk, has a walk signal, or not.
• Refrain from passing a vehicle stopped at an intersection or crosswalk because pedestrians may be crossing.
• Stop at least 20 feet from a bus with flashing red lights and until the lights have been turned off before commencing. Flashing red lights are an indicator that children are crossing the street; bus drivers are required to keep the lights on until all children have safely crossed.

Drivers and pedestrians are encouraged to follow additional safety measures to prevent vehicle-pedestrian accidents:

• Remain aware of your surroundings at all times, taking extra precautions in times of low visibility or areas where there is a high chance of pedestrians and vehicles coming into contact with one another.
• Be ready and willing to yield the road or crosswalk even if you have the right-of-way. Don’t assume the other party will see you and stop for you. Make sure it is safe to proceed before doing so.
• Limit distractions as a pedestrian and as a driver. Avoid alcohol in both situations. Don’t text and drive or attempt to cross a road. Pay attention to the road and walkways, always looking for sources of potential danger.

Eisenberg Law Can Help Pedestrians Recover Damages

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 info@eisenberglaw.org to arrange your free consultation.