Do Pedestrians REALLY Have the Right of Way?

Dec 24
08:42

2010

Aiken & Scoptur, S.C.

Aiken & Scoptur, S.C.

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Who really has the right away on the road - pedestrians or drivers? Wisconsin, in particular, has somewhat unique laws governing pedestrians. Pedestrian laws vary state by state, based on what is priority for concern, i.e. pedestrian safety or flow of traffic. If you or a loved one has been injured crossing the street, call a Wisconsin personal injury attorney for a free consultation at 414-326-4979.

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Injury-causing accidents involving pedestrians are a constant issue across the United States,Do Pedestrians REALLY Have the Right of Way? Articles especially in urban areas where motor vehicle traffic continues to increase. Whether the fault of the vehicle operator or the walker, distractions on the road, the prevalence of hand-held electronic devices (increasingly used by both pedestrians and drivers), poorly marked crosswalks and other causes can increase the danger of traveling on foot.

A recent tragedy in Greendale Village has put a spotlight on the risks faced by pedestrians throughout Wisconsin. The case of five-year-old Ava Marie Zimmerman has garnered national attention and has been cited as an example of the need to raise awareness of pedestrian safety issues. Ava was crossing the street with family members when she was struck and killed. Her mother was also injured in the accident, but her brother and aunt miraculously managed to escape injury. The driver, who was making a right-hand turn at the time of the collision, was not charged in the accident, and the lack of criminal charges is likely related to Wisconsin’s somewhat unique laws governing pedestrians.

“Safety Zones” Versus “Stop and Yield”

Pedestrian laws vary in their reasoning. Wisconsin pedestrian laws, for example, are designed to facilitate the free flow of traffic, and are clearly biased in favor of drivers rather than walkers. The laws in California, on the other hand, lean in the other direction, focusing primarily on the safety of pedestrians. Regardless of the location, however, high-traffic areas are particularly volatile for walkers and disabled citizens, so it is important for walkers to maintain vigilance when on the road.

In Wisconsin, pedestrians are not permitted to leave so-called “safety zones” in certain circumstances, and instead they must actually yield to traffic. California’s "stop and yield" laws, however, require vehicles to stop for pedestrians regardless of the circumstances.

Not Knowing the Rules of the Road Can Be Deadly

According to the NHTSA, pedestrian accidents decreased in 2008 by 16 percent when compared to previous years, but they are still a problem. Children and the elderly are at the greatest risk – children should be closely supervised, and they should be taught pedestrian rules before being allowed to venture out on foot alone.

The vast majority of pedestrian versus vehicle accidents occurred after dark, and nearly half of them involved the use of alcohol by one of the parties. It is important to wear brightly colored or reflective clothing when walking at night and to exercise additional caution after dark.

If you or a loved one has been injured in a pedestrian-related accident, or if you have tragically lost a family member, contacting an attorney in your area who has in-depth knowledge of pedestrian safety laws and the personal injuries that can result from violations of them can be an invaluable step toward protecting your rights.