Bicycle Injury Lawyer, Criminal Defense Lawyer

Milwaukee

230 West Wells Street - Suite 706

Milwaukee, Wisconsin 53203


 

Tel - 414.207.4426

Madison

5976B Executive Drive

Fitchburg, WI 53719


 

Tel - 608.320.6710

 

Wisconsin Pedestrian Laws

 

Wisconsin Pedestrian Laws

Wisconsin law provides great protection to pedestrians in marked crosswalks and crossing with signals.  If a driver hits a pedestrian in a marked crosswalk liability should be clear-however, keep in mind that even when drivers get cited by the police the driver's insurance company still will often claim the driver was not at fault and blame the injured person instead to try to avoid having to pay medical bills etc.  If a pedestrian in Wisconsin is crossing at an unmarked crosswalk, drivers must yield the right of way.  There is an exception for people who dart out in front of cars.  While this was likely intended to apply to children sprinting out into the road etc. it has become an excuse for insurance companies to use to blame pedestrians anytime there is a motor vehicle vs. pedestrian collision.  The insurance company can blame the pedestrian and say the pedestrian darted out. If untrue, the blame only works to a certain point-jury trial where the truth will come out.  If crossing at a point other than a marked or unmarked crosswalk, pedestrians must yield to motor vehicles.  

"Crosswalk" means either of the following, except where signs have been erected by local authorities indicating no crossing: 
 
(a) Marked crosswalk. Any portion of a highway clearly indicated for pedestrian crossing by signs, lines or other markings on the surface; or 
 
(b) Unmarked crosswalk. In the absence of signs, lines or markings, that part of a roadway, at an intersection, which is included within the transverse lines which would be formed on such roadway by connecting the corresponding lateral lines of the sidewalks on opposite sides of such roadway or, in the absence of a corresponding sidewalk on one side of the roadway, that part of such roadway which is included within the extension of the lateral lines of the existing sidewalk across such roadway at right angles to the center line thereof, except in no case does an unmarked crosswalk include any part of the intersection and in no case is there an unmarked crosswalk across a street at an intersection of such street with an alley
 
346.23: Crossing controlled intersection or crosswalk. 
 
(1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green or "Walk" signal and in all other cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green or "Walk" signal would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub (2).
 
(2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, bicyclist, or rider of an electric personal assistive mobility device who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green or "Walk" signal in the favor of the pedestrian, bicyclist, or rider of an electric personal assistive mobility device. 
 
Crossing at uncontrolled intersection or crosswalk. 
 
(1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who is 
crossing the highway within a marked or unmarked crosswalk. 
 
(2) No pedestrian, bicyclist, or rider of an electric personal assistive mobility device shall suddenly leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield. 
 
(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. 
 
346.25: Crossing at place other than crosswalk 
 
Every pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway
 
346.28: Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks. 
 
(1) Any pedestrian traveling along and upon a highway other than upon a sidewalk shall travel on and along the left side of the highway and upon meeting a vehicle shall, if practicable, move to the extreme outer limit of the traveled portion of the highway. 
 
(2) Operators of vehicles shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by s. 346.47.