Wisconsin pedestrian right of way accidents do occur in safety zones on highways. There are specific rules fact dependent on the situation. This post examines the traffic rules involving pedestrians at intersections or crosswalks on highways with safety zones.
Wisconsin Civil Jury Instruction 1160 Right Of Way: To Pedestrian At Intersections Or Crosswalks On Divided Highways Or Highways Provided With Safety Zones
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway. In a divided highway, the term “roadway” refers to each roadway separately but not to all the roadways collectively.
The statutes further provide that at intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the driver of a vehicle shall yield the right of way to a pedestrian who is crossing or has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or safety zone with the green or “WALK” signal in his or her favor.
Divided highway is defined as a highway with two or more roadways separated by spaces not intended for the use of vehicular traffic.
The term safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians, including those about to board or alighting from public conveyances, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
If a pedestrian was crossing or had started to cross the roadway either from the near curb or shoulder or from the center dividing strip or safety zone at the direction of a traffic officer or with the green or “WALK” signal in his or her favor, then it became the duty of the driver of the automobile to yield the right of way to the pedestrian.
Again even with the right of way, a pedestrian may still be found partially negligent or responsible for the accident, if he or she failed to maintain a proper lookout or act upon the lookout by stopping or proceeding more quickly once the danger was or should have been recognized.
McCormick Law Office in Milwaukee, Wisconsin represents pedestrians injured in automobile accidents in Wisconsin. Pedestrians injured in motor vehicle collisions are entitled to settlement money for medical bills, lost wages, pain and suffering. This is predicated upon the other parties being more causally negligent than the pedestrian. If necessary, we us expert accident reconstruction engineers to help prove who was in fact at fault for the collision.