The Wisconsin Department of Transportation’s (DOT) continually reports more than 1,000 people killed or injured annually while walking. This large-scale statistic unfortunately represents many individual stories of people suffering from devastating and even life-threatening injuries.
If you were struck by a vehicle while walking, you need rigorous legal representation from Wittmeyer Injury & Accident Attorneys Retaining a Kenosha pedestrian accident lawyer could help you pursue a financial award to compensate your suffering. En Español
Common Pedestrian Crashes in Kenosha
Recognizing when and how these accidents occur on local streets may raise awareness and encourage behavioral changes to prevent devastating injuries. Data from the DOT reveals the following patterns about pedestrian crashes:
- Most accidents occur on weekdays between 3 pm and 6 pm
- Roadway crossings cause the majority of accidents
- Urban collisions significantly outnumber rural
- Most victims are children
Legal Requirements for Walkers and Drivers
Although unprotected pedestrians face a greater risk of injury in collisions with vehicles, both walkers and drivers must take steps to avoid accidents. The State Rules of the Road, found in Chapter 346 of the Wisconsin Statutes Annotated, establishes appropriate conduct for maintaining safety on streets and crosswalks.
What are the Rules for Driving Near Pedestrians in Kenosha?
Motorists have a general obligation to operate their vehicles safely. Beyond common sense and good driving skills, state law establishes several rules drivers must follow in the presence of pedestrians. Wisconsin Statutes require vehicle operators to yield to walkers at intersections and crosswalks, with or without traffic lights or walk signs, when the person has proceeded with caution. If traversing a sidewalk is necessary to enter or exit a driveway or alley, drivers must stop before crossing and yield to anyone on the walkway. Once a car has stopped, all traffic heading in the same direction must halt. Any vehicle that passes the stopped vehicle violates Wisconsin Statutes § 346.24(3).
Kenosha Road Law Penalties Regarding Pedestrians
When drivers violate these rules of the road, they can be subjected to fines that increase based on the severity of an ensuing accident, capping at $1,000 if death occurs. However, injured pedestrians could seek further redress with the help of a skilled injury attorney at our firm. A small fine may not fully represent a victim’s current and future needs.
Suite 101 Kenosha , WI 53140
What are Safety Rules for Pedestrians?
Pedestrians must also refrain from dangerous behavior while sharing the road with vehicles. Sidewalks are the safest place for walkers, but they are not always available. The State Rules of the Road explain that when no sidewalk exists, pedestrians must travel on the left side of the road and move to the outer-most portion of the roadway if a vehicle approaches.
Additionally, those on foot may not suddenly step in the way of traffic if vehicles do not have sufficient time to stop. Walkers are prohibited from crossing in the middle of the street where no crosswalk or traffic signals exist unless it is safe to do so.
Importantly, any violation of these rules may result in reduced monetary awards for a pedestrian injury claim under the State’s modified comparative negligence law (Wisconsin Statutes § 895.045(1)). The amount of compensation a victim may receive depends on what percentage of the blame lies with other parties. If the pedestrian is found more than 50 percent at fault, they cannot collect any restitution. A skilled Kenosha accident lawyer at our firm could build a strong case for an injured pedestrian to help them avoid significant reductions or losses of compensation.
Call a Kenosha Pedestrian Accident Attorney for Reliable Representation
As you enjoy a walk anywhere that you need to cross traffic, please use every safety measure possible and follow the pedestrian rule of the road. If you were struck by a negligent driver, a Kenosha pedestrian accident lawyer may be able to help you seek justice for your injuries. By investigating the accident, devising a litigation plan, and presenting a persuasive case, our team of seasoned attorneys could pursue a fair recovery on your behalf. Contact us today to discuss your situation and begin the process.
Frequently Asked Questions
Call 911 right away so the Kenosha Police Department or Kenosha County Sheriff can create an official accident report. Seek immediate medical evaluation at emergency facilities like Froedtert Kenosha Hospital or Aurora Medical Center Kenosha. Document driver details, witness contacts, and take photographs of the vehicle, crosswalk, and your injuries before leaving.
Suite 101 Kenosha , WI 53140
Wisconsin law requires drivers to yield the right-of-way to pedestrians crossing within any marked or unmarked crosswalk at an intersection. Drivers must exercise due care to avoid colliding with pedestrians on sidewalks or shoulders. Additionally, state law strictly prohibits drivers from passing vehicle stopped at a crosswalk to permit a pedestrian to cross.
Suite 101 Kenosha , WI 53140
Yes. Pedestrians crossing outside marked crosswalks must yield right-of-way to vehicles, but drivers still retain a legal obligation to exercise reasonable care to avoid collisions. Under Wisconsin’s modified comparative negligence rules, you can recover financial compensation as long as your share of fault does not exceed 50%.
Suite 101 Kenosha , WI 53140
The at-fault driver’s auto liability insurance bears ultimate responsibility for your medical expenses and losses. In the interim, your personal health insurance or medical payments (MedPay) coverage from your auto policy can cover initial treatment costs. Your legal representative coordinates billing to prevent personal medical debt during negotiations.
Suite 101 Kenosha , WI 53140
Contact law enforcement immediately to review local traffic safety cameras and secure witness statements to trace the fleeing vehicle. If the driver is not located, you can seek recovery through your own policy’s Uninsured Motorist (UM) coverage, which protects pedestrians involved in hit-and-run incidents.
Suite 101 Kenosha , WI 53140
Yes, municipal entities can face liability if unsafe sidewalk conditions, obstructed sightlines, missing crosswalk signals, or inadequate street lighting directly contributed to your crash. Claims against government entities in Wisconsin require submitting a formal notice of claim within strict 120-day statutory deadlines.
Suite 101 Kenosha , WI 53140
Pedestrian accident victims can claim full compensation for past and future medical costs, lost income, reduced earning capability, and ongoing physical therapy. Non-economic damages cover physical pain, severe emotional trauma, permanent disfigurement, and loss of enjoyment of life.
Suite 101 Kenosha , WI 53140
Under Wisconsin’s 51% bar rule, you can receive damages if you are 50% or less at fault for the accident. Any court award or settlement calculation is reduced by your allocated percentage of fault. For instance, if awarded $200,000 but found 20% responsible, your final compensation will total $160,000.
Suite 101 Kenosha , WI 53140
Wisconsin enforces a three-year statute of limitations for personal injury lawsuits, calculated from the exact date of the pedestrian collision. Fatal crashes carry a three-year limitation period for surviving family members filing a wrongful death action. Missing these deadlines forfeits your right to seek financial recovery.
Suite 101 Kenosha , WI 53140
Our legal practice brings over 40 years of local experience advocating for injured community members throughout Southeastern Wisconsin. Located in downtown Kenosha at 520 58th Street, we hold aggressive insurance carriers accountable. Attorney James M. Payne and our trial team work tirelessly to secure maximum financial compensation for your recovery.
Suite 101 Kenosha , WI 53140