Hundreds of people are injured and approximately 60 people die each year in pedestrian accidents in Wisconsin. Many are preventable accidents caused by drivers’ negligence or disregard for safety. A pedestrian accident may occur because a careless or inattentive driver fails to yield the right-of-way to an individual who is crossing an intersection on foot.
Many Wisconsin drivers do not understand that they must yield to pedestrians in crosswalks, including both marked and unmarked crosswalks at intersections. Failure to stop for a pedestrian is one of the most commonly violated Wisconsin traffic statutes.
Intersection Accidents—Motorists waiting to make a turn at an intersection may cause a pedestrian accident by failing to yield to a person on foot who is crossing the intersection at the same time. A driver proceeding on a green light may not start turning at an intersection when it would endanger a pedestrian, bicyclist or individual in a motorized chair crossing the intersection on a WALK signal or green light.
At intersections without traffic signals, drivers must yield to pedestrians to allow for the safe use of crosswalks or unmarked crosswalks. A pedestrian is not permitted to step suddenly off the sidewalk into the path of an oncoming car that is so close that the driver does not have adequate time to yield.
Even when walking in crosswalks, pedestrians can be difficult to see, especially at night. In many accidents involving pedestrians or bicyclists, the driver says he or she did not see the person who was struck until it was too late to avoid hitting the person.
When crossing a road at locations other than crosswalks, pedestrians are required to yield the right-of way to all vehicles on the road. Blind and visually impaired pedestrians have special protection under Wisconsin law. Pedestrians using a guide dog or a white cane have absolute right of way even if the individual is not at an intersection.
Right Turn on Red Accidents— Motorists are required to stop before making a right turn at a red light. Collisions involving a driver turning right into a pedestrian in a crosswalk are sometimes referred to as right-hook accidents.
Passing Car Stopped for Pedestrians—When a motorist is stopped at an intersection to allow a pedestrian to cross, another motorist may not pass the stopped vehicle. Pedestrians who are in a crosswalk are extremely vulnerable to injury by drivers who decide to pass stopped vehicles.
Distracted Driving Accidents—Distracted driving is another frequent cause of collisions including pedestrian accidents. A driver who is looking at a cell phone or focused on any activity other than paying attention to the road may fail to notice a pedestrian walking along the roadside or crossing an intersection.
Sidewalk and Parking Lot Accidents—Drivers hurrying to beat oncoming cars and turn into a parking lot, driveway or side road may fail to notice a pedestrian approaching on a sidewalk. Drivers in Wisconsin are required to yield to pedestrians when entering or exiting a driveway, parking lot or alley. Drivers also are required to stop before crossing a sidewalk when pulling onto a road from a driveway or parking lot.
Back-Up Accidents—Pedestrians crossing parking lots or driveways may be struck by motorists who are backing up and fail to see what is behind them. Many backup accidents involve children standing behind vehicles. A driver should always check what is behind his or her vehicle before shifting into reverse.
Speeding Accidents—Drivers speeding down residential streets may fail to look out for a person stepping out from behind a car or a child darting into the street and cause pedestrian accidents. Motorists should slow down in neighborhoods and school zones where they are more likely to encounter pedestrians and children playing.
Alcohol-Related Accident—A significant percentage of pedestrian accidents involve either an impaired driver or an impaired pedestrian.
When a motorist violates traffic laws and a pedestrian sustains injuries as a result, the motorist’s actions may be cited as evidence of driver negligence in a personal injury lawsuit. The injured pedestrian may be entitled to claim compensation from the at-fault driver. However, auto insurance companies will often try to blame an injured pedestrian for an accident, even when the pedestrian was acting within his or her rights. For that reason, it is important to have a knowledgeable Wisconsin injury attorney who understands Wisconsin traffic laws and pedestrians’ rights standing up for you after a serious accident.
The attorneys at Gruber Law Offices, LLC understand the causes of pedestrian accidents and the types of serious injuries that may result. We will investigate your accident and determine who may be held accountable.
