If a vehicle strikes you while you’re a pedestrian in Wisconsin, who is at fault for the accident? You might think the driver is at fault, and the driver might think you are at fault. And in some cases, both parties may share fault for the incident. This is why understanding Wisconsin’s pedestrian laws is vital for strengthening your case and maximizing your compensation.
Understanding Wisconsin’s Right-of-Way Laws
In Wisconsin, pedestrians generally have the right-of-way when crossing the road in marked and unmarked crosswalks at intersections. When traffic control signals are present, pedestrians must wait for the signal to change in their favor, and vehicles yield the right-of-way to pedestrians crossing the road.
At an intersection with a marked or unmarked crosswalk and no traffic control system, pedestrians have the right-of-way when they enter the roadway after checking that no traffic is coming. Once a pedestrian is legally in a crosswalk, vehicles must slow down and stop for them to cross. Pedestrians must also not suddenly leave the sidewalk and enter the road in a dangerous manner.
Pedestrian Accident Examples
Pedestrian accidents can occur in various ways on Wisconsin’s roads. Some of the most common examples of pedestrian accidents are:
- A driver fails to yield the right-of-way and strikes a pedestrian crossing the road.
- A driver fails to check for pedestrians when turning, striking them as they cross.
- A driver strikes a pedestrian who is entering or exiting a vehicle on the side of the road.
- A driver passes another vehicle stopped for a pedestrian, causing an accident.
Determining Liability After a Pedestrian Accident
Lawyers and insurance companies perform their own investigations to ascertain which party was at fault for the accident. In cases where fault is in doubt, a court can determine how much fault is assigned to each party in a case. Your lawyer must gather and present evidence to the judge or the jury, including:
- Accident scene photographs
- Traffic camera footage
- Eyewitness statements
- Expert testimony
Wisconsin follows a modified comparative negligence rule. Under this rule, a plaintiff must be less than 51 percent at fault for the accident to recover compensation, and their compensation will be reduced in proportion to their percentage of fault.
Why You Need a Pedestrian Accident Lawyer
Dealing with insurance companies and the legal system is the last thing you want to do while recovering from your injuries after a pedestrian accident. A lawyer can handle everything related to your case so that you can focus on your well-being.
When you work with a lawyer, they’ll investigate the accident and gather evidence to support your claim that the driver was at fault. They’ll calculate your losses, file your claim, and negotiate with the insurance company on your behalf for a fair settlement that covers everything. And they’ll represent you in court if the insurance company refuses to offer a settlement that meets your needs.
Contact Our Wisconsin Personal Injury Lawyers
If you were struck by a vehicle as a pedestrian in Madison, Wisconsin, call or contact Atterbury, Kammer & Haag, S.C., to speak with an experienced personal injury lawyer about your case. We’ll review the accident details, explain your options, and answer your questions about seeking the compensation you need.