Drivers must yield to pedestrians in crosswalks, but pedestrians also have duties. Fault often gets shared, and that's where Wisconsin's comparative rule matters.
Right of Way and Fault
Wisconsin follows modified comparative negligence under Wis. Stat. § 895.045 — you can recover as long as you are not more than 51% at fault, but your award is reduced by your share of responsibility. Even a pedestrian who was jaywalking may recover a reduced amount if the driver was also negligent.
Common Causes
Distracted driving, failure to yield, and poor visibility at dusk drive many pedestrian crashes in Wisconsin cities and towns.
Maximizing Recovery
Auto insurance, UM/UIM coverage, and sometimes the pedestrian's own policy can all come into play. An attorney identifies every available source.
This article is general information, not legal advice. Injury Claim Team is a free attorney-matching service, not a law firm. For advice about your specific situation, talk to a licensed Wisconsin attorney — we'll connect you at no cost.