Wisconsin law requires drivers to yield to pedestrians when they are crossing a sidewalk, at an intersection, at a crosswalk with a walk signal, and at a marked or unmarked crosswalk without a traffic light. When a driver hits a pedestrian as a result of not following these rules of the road, the pedestrian may have a negligence claim against the driver. If the driver breached his or her duty of care to the pedestrian, the injured and his or her family may be entitled to damages. The success of a negligence claim and/or the amount of recoverable damages, however, depends on whether the pedestrian was abiding by the rules of the road. If he or she was not acting in a reasonable and prudent manner in respect to his or her own safety, contributory negligence may be assessed against the pedestrian. For this reason, it is important that bicycle and pedestrian accident victims speak to an experienced Milwaukee personal injury attorney as soon as possible.
Please note the statutes of limitation may bar recovery of damages if legal action is taken after the statutorily prescribed time period. Call the Milwaukee personal injury lawyers of Samster, Konkel & Safran, S.C. for a free case evaluation, or fill out our online Free Case Evaluation form.
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