The Danger Pedestrians Face
A person on foot has no protection against a vehicle. Pedestrian crashes frequently cause severe injuries — broken bones, internal trauma, traumatic brain injuries, and death. Urban crosswalks in Milwaukee and Madison, poorly lit rural roads, and winter conditions that hide pedestrians all contribute to Wisconsin's pedestrian toll, which has risen in recent years.
Wisconsin Crosswalk and Right-of-Way Law
Wisconsin law requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections. Drivers must also exercise due care to avoid hitting any pedestrian and give warning by sounding the horn when necessary. When a driver violates these duties — by speeding, running a light, or failing to look — they can be held liable for the resulting harm.
When Pedestrians Share Some Fault
Even if a pedestrian was crossing mid-block or against a signal, Wisconsin's modified comparative negligence rule may still allow recovery as long as the pedestrian was not more than 50 percent at fault. Insurers often try to shift blame to the pedestrian, so documenting the driver's negligence — distraction, speed, or failure to yield — is essential.
Compensation After a Pedestrian Crash
Injured pedestrians may recover medical bills, future care, lost income, and pain and suffering. When a crash is fatal, surviving family members may bring a wrongful death claim. Because pedestrian injuries are often catastrophic, identifying all available coverage — including the driver's liability policy and the victim's own UM/UIM coverage — is critical.
Injured in Wisconsin? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Usually the driver who failed to yield or drove carelessly, though fault is decided on the facts. Wisconsin law strongly protects pedestrians in crosswalks.
Possibly. Under modified comparative negligence you may still recover if you were not more than 50 percent at fault.
Hit-and-run pedestrian victims may be able to recover through their own uninsured motorist coverage.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Wisconsin attorney.