Wisconsin pedestrian right of way accidents do occur in uncontrolled intersections. There are specific rules fact dependent on the situation. This post examines the traffic rules involving pedestrians at uncontrolled intersections or crosswalks.
Wisconsin Civil Jury Instruction 1165 Right Of Way: To Pedestrian At Uncontrolled Intersection Or Crosswalk
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 not 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 is crossing the roadway within a marked or unmarked crosswalk.
A marked crosswalk is any portion of a roadway clearly indicated for pedestrian crossing by signs, lines, or other markings on the surface of the roadway. An unmarked crosswalk is formed by extending imaginary lines the width of the sidewalk at an intersection, across the roadway, to the sidewalk on the opposite side of the intersection. If there is a sidewalk on only one side of an intersection, an unmarked crosswalk is formed by extending imaginary lines the width of the sidewalk, at right angles to the centerline of the roadway, to the opposite side of the intersection.
If the jury finds the plaintiff was crossing the roadway within a marked or unmarked crosswalk, then it became the duty of the driver to yield the right of way to the pedestrian. If, however, you find that pedestrian was crossing the roadway and was not within a marked or unmarked crosswalk, then it became pedestrian’s duty to yield the right of way to vehicle.
This is different than the law in other states, where the pedestrian almost always has the right of way. However, even without the right of way, a pedestrian may still be found less negligent or responsible for the accident compared to the operator of the vehicle, depending on other facts. For example, if pedestrian was almost across the road and the vehicle was speeding and/or failed to maintain a proper lookout, it could be more negligent than the pedestrian. But without the right of way, it makes for a much more challenging case to prove.
McCormick Law Office in Milwaukee, Wisconsin represents pedestrians injured in automobile accidents in Wisconsin. Pedestrians injured in motor vehicle collisions are 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. Witnesses and expert accident reconstruction engineers may help to prove who was in fact at fault for the collision.