Wisconsin Pedestrian Laws
There are many laws in Wisconsin that are intended to protect people who walk (and bike), on roadways. Attorney Griessmeyer has represented numerous people who have been hurt while walking, running, and bicycling, and were struck by motor vehicles. These include a pedestrian who was struck and killed in a parking lot and a person riding a bicycle who was struck and killed inside a marked crosswalk.
Under Wisconsin law, "Traffic" means pedestrians, ridden or herded or driven animals, vehicles and other conveyances, either singly or together, while using any highway for the purpose of travel. "Yield the right-of-way to a pedestrian" means the operator of a vehicle is required to reduce speed, or stop if necessary, to avoid endangering, colliding with or interfering in any way with pedestrian travel.
People driving motor vehicles should yield the right of way to a person walking or riding a bicycle in a marked or unmarked crosswalk:
346.24 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 personal delivery device, or to a person riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, that is crossing the highway within a marked or unmarked crosswalk.
There is an exception for people who launch themselves into the path of an oncoming vehicle at the last second.
People should yield the right of way to people walking or riding bicycles when the person walking or riding has a green light or walk signal:
[Note, crashes involving this statute often involve the driver of a motor vehicle turning right on red and that person hits someone walking or riding with green. Oftentimes the person driving the motor vehicle is primarily concerned with what is coming from their left because that is where the danger to them comes from not the right.
346.23 Crossing controlled intersection or crosswalk. The short version is that if the light is green or shows walk signal the person walking, jogging, pushing a stroller etc. in the road has the right of way.
(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 signal or a pedestrian signal authorizing crossing 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 signal or a pedestrian signal authorizing crossing 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).
If a person who is walking or riding a bicycle is crossing at a place other than a marked or unmarked crosswalk, that person shall yield the right of way to other vehicles on the road. Example, a person enters the road from the middle of a block or a driveway.
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.
People walking, jogging etc. in the roadway should stay on the left side and walk against traffic:
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.
People riding bicycles should ride on the right side of the roadway with other traffic:
346.80 Riding bicycle, electric scooter, or electric personal assistive mobility device on roadway.
(1) In this section, “substandard width lane" means a lane that is too narrow for a bicycle, electric scooter, or electric personal assistive mobility device and a motor vehicle to travel safely side by side within the lane.
(2) (a) Any person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under sub. (3), except:
1. When overtaking and passing another vehicle proceeding in the same direction.
2. When preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway.
346.80(2)(a)3.3. When reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to ride along the right-hand edge or curb.
People riding a bicycle on the sidewalk, should yield the right of way to people who are walking:
346.28 (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.
People who drive a motor vehicle from a driveway across a sidewalk to get into or out of the road shall yield the right of way to pedestrians and bicyclists on the sidewalk:
346.47 When vehicles using alley or nonhighway access to stop.
(1) The operator of a vehicle emerging from an alley or about to cross or enter a highway from any point of access other than another highway shall stop such vehicle immediately prior to moving on to the sidewalk or on to the sidewalk area extending across the path of such vehicle and shall yield the right-of-way to any pedestrian, bicyclist, personal delivery device, or rider of an electric scooter or an electric personal assistive mobility device, and upon crossing or entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.