Wisconsin pedestrian right of way rules are very specific depending on the circumstances. Over the course of the next few weeks we’ll examine some of the traffic rules involving pedestrians on Wisconsin roadways.
1095 LOOKOUT: PEDESTRIAN
A pedestrian, who enters and crosses a street or highway on a crosswalk, must use ordinary care to observe timely the presence, location, and movement of vehicles that may be approaching.
When a pedestrian crosses at a place other than a crosswalk, it is the pedestrian’s duty to maintain a lookout reasonably necessary to enable the pedestrian to yield the right of way to vehicles.
This states that regardless of right of way, a pedestrian (likewise for a vehicle operator) must maintain a proper lookout; he cannot just cross with impunity.
1158 RIGHT OF WAY: TO PEDESTRIAN CROSSING AT CONTROLLED INTERSECTION
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway.
The statutes further provide that at an intersection or crosswalk where traffic is controlled by traffic control signals, the driver of a vehicle shall yield the right of way to a pedestrian crossing or who has started to cross the highway on a green or ‘WALK’ signal.
If the pedestrian was crossing or had started to cross the highway with the green or ‘WALK’ signal in his or her favor, it became the duty of driver to yield the right of way to pedestrian.
1159 RIGHT OF WAY: PEDESTRIAN CONTROL SIGNAL: WALK SIGNAL
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway.
The statutes further provide that, “A pedestrian facing a ‘Walk’ signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the operators of all vehicles.”
If you find that the pedestrian faced a ‘Walk’ signal and was proceeding across the roadway in the direction of the signal, then it became the duty of the vehicle driver to yield the right of way to the pedestrian.
Keep in mind that even with the right of way, a pedestrian may still be found partially negligent or responsible for the accident, especially if he or she failed to maintain a proper lookout or act upon the lookout by stopping or proceeding more quickly once the danger was recognized.
McCormick Law Office attorneys in Milwaukee, Wisconsin represent pedestrians injured in automobile accidents in Wisconsin. A pedestrian injured in a motor vehicle collision is entitled to settlement money for medical bills, lost wages, pain and suffering. This is predicated upon the other parties being more causally negligent than the pedestrian and expert medical testimony in most cases.
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