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PKSD explains some common accident scenarios where pedestrians may be at-fault, how Wisconsin defines a pedestrian’s rights and responsibilities and how to prove a pedestrian may be liable for a car crash.
If you are injured in a collision due to the negligence of another party, contact our experienced Milwaukee car accident lawyers at 414-333-3333 to learn how we may be able to help. Find out if you have a case at no cost or obligation to you.
There are many situations where a pedestrian may be found at least partially to blame for a car crash.
Here are a few of the most common scenarios:
If a pedestrian suddenly enters into a street without checking for traffic, a driver may not be able to avoid hitting him or her. Even when there is a crosswalk, pedestrians should first check for oncoming vehicles and determine whether they are far enough away to stop in time.
Some examples of when a pedestrian may cause an accident in this way include:
Pedestrians struck by a car while crossing a road with a “no walk” traffic signal may share responsibility for causing a car crash. These signals are in place to help reduce the likelihood of a pedestrian versus motor vehicle accident.
While vehicles are required to yield to a pedestrian, it may be difficult to see someone walking across a street, especially a busy or poorly lit roadway, where there is no crosswalk. A pedestrian could share partial or full liability for crossing a street without first checking for oncoming traffic.
A pedestrian should not attempt to walk across a busy highway or interstate. Between the speed and volume of oncoming traffic, it can lead to a crash involving him or her, as well as one or more vehicles.
Both pedestrians and drivers have certain responsibilities in Wisconsin – called a duty of care. If a pedestrian darts out into the street while reading a message on his or her phone, an oncoming vehicle may not have enough time to stop.
Drivers owe a duty of care to stop and yield to a pedestrian crossing the street. This law applies whether or not the pedestrian is crossing at a crosswalk or unmarked intersection.
As stated, pedestrians have the right-of-way and drivers are required to yield to a pedestrian who has entered the roadway.
Often, pedestrians mistakenly think this means that they can just walk out into traffic – especially at crosswalks – without first checking for traffic and just expect cars to stop.
However, pedestrians also have a duty of care to avoid behaving in a way that would cause harm to themselves or others. For a pedestrian, this means checking for traffic, making sure they are seen before crossing and that there is enough time for a vehicle to stop.
This duty of care applies at:
Pedestrians must consider that cars need more time to stop, especially in bad weather. Additionally, it may be harder for a driver to see a pedestrian – such as at night.
If a pedestrian is found at-fault for an accident involving a motor vehicle, he or she may not be able to recover any damages, depending on the percent of liability.
Additionally, even if a pedestrian caused the accident that led to your injuries, you and your attorney will still have to prove there was negligence by establishing:
In a situation where both parties share fault, the accident investigator will assign each party a percentage at fault. Under Wisconsin’s comparative negligence system, a party may pursue compensation for damages as long as they are not more than 50 percent liable for the accident.
However, in a situation where you are 51 percent or more at-fault for a car crash, you will not be allowed to pursue a claim and will not be able to recover compensation for your damages.
Pedestrian crashes have always been a problem, especially in cities and urban areas. However, up until COVID-19 hit this country, the number of pedestrian deaths was on a decline. In fact, according to a recent New York Times article, pedestrian deaths were almost the lowest per year in decades.
Prior to the onset of the pandemic, leading causes for pedestrian crashes included:
These are all still common causes of pedestrian crashes today, yet negligent drivers are not the only ones responsible. Pedestrians may also be held liable when these crashes happen. Their actions often play a major role in their own safety and the safety of others.
For instance, a driver may be unable to stop in time or avoid hitting a pedestrian who:
To everyone’s surprise, the number of pedestrian crashes began to increase during the pandemic. Since people were home quarantining for several months, even traffic experts thought these numbers would drop. So what has caused this increase?
Along with the frustration of the ongoing pandemic, other political issues regarding mask-wearing, vaccinations and other issues have had an impact as well. More drivers are angry, and that alone can lead to dangerous and erratic driving.
More pedestrian crashes have been fatal, in part, due to an increase in excessive speeding and reckless driving during the pandemic. Additionally, SUVs and other vehicles have gotten larger, causing pedestrian crash victims to suffer more severe and fatal injuries.
Drivers with newer cars relying too heavily on technical assistive devices may also be a factor. These high-tech devices are useful to help warn drivers about pedestrians and other hazards. However, it is important to point out that they are not foolproof or intended to replace a driver’s duty of care.
According to a report from the Governors Highway Safety Association (GHSA), minority groups are most at risk to be struck by a vehicle, including:
Many crashes, in fact, almost 75 percent, happen at night. Pedestrians are harder to see, especially if they are wearing non-reflective clothing or walking outside of crossing areas. Pedestrians living or walking through disadvantaged neighborhoods are more at risk due to a lack of sidewalks, crosswalks and streetlights.
Milwaukee has plans to allocate $8.5 million of property taxes to help fund multiple traffic safety improvements. The funding will be distributed to 16 corridors in various districts throughout the city.
In all, these traffic safety improvements include:
Pedestrian accidents often result in severe or life-changing injuries because the human body is no match for the force of a moving vehicle. Even low-speed collisions can cause serious harm.
Some of the most common injuries include:
Traumatic Brain Injuries: Concussions, skull fractures, or long-term cognitive impairments.
Spinal Cord Damage: Partial or full paralysis resulting from impact to the back or neck.
Fractures and Broken Bones: Especially to the legs, hips, or arms when struck by the front of a vehicle.
Internal Organ Damage: Internal bleeding or punctured organs caused by the blunt force of impact.
Soft Tissue Injuries: Severe bruising, torn ligaments, and muscle damage that may take months to heal.
These injuries often require long-term medical care and rehabilitation, which makes it critical for victims to seek compensation that reflects the full extent of their damages.
Pedestrian accident victims may be eligible to recover several categories of damages depending on the nature of their injuries and how the crash has affected their lives.
Economic Damages
Medical bills, hospital stays, lost wages, future medical care, rehabilitation, and transportation expenses.
Non-Economic Damages
Pain and suffering, emotional distress, reduced quality of life, and loss of companionship.
Punitive Damages
Awarded in rare cases where the driver’s actions were extremely reckless, such as drunk or high-speed driving.
Calculating damages is complex. An attorney can help document every loss, gather supporting evidence, and ensure that no costs are overlooked when negotiating or filing a claim.
Hiring an attorney after a pedestrian crash provides significant advantages. A skilled lawyer can manage the legal and investigative details so you can focus on healing.
Key benefits include:
Thorough Investigation: Gathering traffic camera footage, witness statements, and police reports to establish fault.
Accurate Valuation of Damages: Ensuring your current and future medical costs, lost earnings, and pain and suffering are properly calculated.
Negotiation Power: Dealing directly with insurance companies that often attempt to minimize payouts.
Court Representation: Presenting a strong case if settlement talks fail.
Having legal guidance can make the difference between a low settlement and the full recovery you deserve.
Knowing what steps to take after being struck by a vehicle can protect both your health and your potential claim. Follow this checklist to preserve important evidence and safeguard your rights:
Immediately After the Crash:
Move to a safe area and call 9-1-1.
Do not admit fault or make statements to the driver’s insurer.
Get the driver’s contact and insurance information.
Take photos of the scene, your injuries, and any crosswalks or traffic lights nearby.
Within the Next 24 Hours:
Seek medical attention even if you feel fine. Some injuries take time to appear.
File a police report and request a copy for your records.
Contact an attorney who can advise you on how to deal with the insurance companies.
Taking these actions early gives your lawyer the evidence and documentation needed to pursue full compensation for your injuries and other damages.
Our experienced lawyers are prepared to help you after suffering an injury caused by another’s negligence. If you were a driver injured in an accident because of a pedestrian’s negligent actions, proving liability and recovering compensation could be difficult. This situation is best handled by a knowledgeable attorney who knows how to build a strong case on your behalf.
Learn more by calling our law offices and scheduling a consultation with one of our licensed attorneys. There is no cost or obligation involved, so no risk to you.
Call Today. Millions Recovered. 414-333-3333
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin, Illinois, Iowa and New Mexico.
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