Unlike some states, in Wisconsin the pedestrian does not always have the right of way. The pedestrian right of way laws in Wisconsin are very specific depending on the circumstances. For civil liability purposes, responsibility for causing an accident is determined under rules of comparative negligence, of which the jury instructions are a part of the equation. The following rules address situations where the pedestrian is not in a crosswalk.
1230 RIGHT OF WAY: PEDESTRIAN’S DUTY: CROSSING ROADWAY AT POINT OTHER THAN CROSSWALK
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway and, further provide, that a pedestrian 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. If you find that the pedestrian was crossing the roadway at a point other than a marked or unmarked crosswalk, then it became pedestrian’s duty to yield the right of way to an automobile approaching on the roadway.
1235 RIGHT OF WAY: PEDESTRIAN’S DUTY: DIVIDED HIGHWAYS OR HIGHWAYS WITH SAFETY ZONES
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway and, further provide, that 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 driver of a vehicle shall yield the right of way to a pedestrian who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or safety zone with the green or “Walk” signal in his or her favor. If the signal turns against a pedestrian before the pedestrian leaves the center dividing space or safety island, the pedestrian shall yield the right of way to vehicles lawfully proceeding directly ahead on a green signal.
If you find that at an intersection on a divided highway, where traffic was controlled by traffic control signals, that the pedestrian was in the act of crossing the roadway from the near curb or shoulder with the green or Walk signal in his or her favor, then the pedestrian was entitled to the right of way over an approaching automobile. However, if you find that the signal turned against th pedestrian before he or she left the center dividing space or safety island, then it was the pedestrian’s duty to yield the right of way to a vehicle on the roadway lawfully proceeding directly ahead on the green signal.
McCormick Law Office in Milwaukee, Wisconsin provides attorney representation for pedestrians injured in auto accidents for medical bills, wage loss, pain and suffering.