When a driver hits a pedestrian in a crosswalk, the driver may be held legally responsible for the injuries and damages caused by the accident. Drivers have a duty to follow traffic signals, yield the right-of-way when required and remain alert for pedestrians. However, liability depends on several factors, including traffic signals, visibility, driver behavior and whether the pedestrian followed traffic laws. Even when a pedestrian shares some responsibility, they may still be eligible for compensation. The experienced pedestrian accident attorneys at Hupy and Abraham help injured pedestrians throughout Wisconsin, Illinois and Iowa understandped their legal rights and pursue the compensation they deserve.
Understanding Driver Responsibilities at Crosswalks
Crosswalks are designed to provide pedestrians with a safer way to cross busy streets and intersections. Unfortunately, pedestrian accidents continue to occur when drivers fail to follow traffic laws or pay attention to their surroundings.
Drivers have a legal responsibility to operate their vehicles safely and remain aware of pedestrians, particularly near intersections, schools, shopping centers and other high-traffic areas.
Some of the most important driver responsibilities include:
- Yielding the right-of-way: Drivers must yield to pedestrians in crosswalks when required by state law.
- Obeying traffic signals: Drivers must follow traffic lights, stop signs and pedestrian crossing signals.
- Maintaining a proper lookout: Drivers should continuously scan the roadway for pedestrians and other potential hazards.
- Reducing speed when necessary: Drivers must adjust their speed to account for traffic, weather, visibility and road conditions.
- Avoiding distractions: Texting, using a phone or engaging in other distracting activities can prevent drivers from noticing pedestrians.
- Exercising caution when turning: Drivers must check for pedestrians before making turns at intersections.
When drivers fail to meet these responsibilities, they may be considered negligent if their actions cause a pedestrian accident.
For example, a driver making a right turn at a green light may focus on approaching vehicles while failing to notice a pedestrian legally crossing the street. If the driver strikes the pedestrian, their failure to yield or maintain a proper lookout could make them responsible for the resulting injuries.
Who Has the Right-of-Way at a Crosswalk?
Pedestrian right-of-way laws establish when drivers must stop or yield to individuals crossing the street. Although specific regulations vary between Wisconsin, Illinois and Iowa, drivers are generally required to yield to pedestrians who are lawfully crossing at designated crosswalks.
However, pedestrians do not automatically have the right-of-way in every situation.
Marked and Unmarked Crosswalks
Many people assume that crosswalks only exist where white lines are painted on the roadway. In reality, certain intersections have legally recognized crosswalks even when no markings are present.
A marked crosswalk is identified by painted lines or other roadway markings. An unmarked crosswalk may exist at an intersection where sidewalks or pedestrian pathways extend across the roadway.
Drivers must understand that the absence of painted lines does not necessarily eliminate their responsibility to yield to pedestrians.
Pedestrian Right-of-Way Laws in Wisconsin, Illinois and Iowa
Although all three states establish protections for pedestrians, their laws contain important differences.
Wisconsin: Under Wisconsin law, drivers must yield to pedestrians crossing in marked or unmarked crosswalks under applicable conditions. At intersections with traffic signals, pedestrians and drivers must obey the appropriate signals.
Illinois: Illinois law requires drivers to yield to pedestrians in crosswalks in circumstances established by state law, including certain situations involving traffic control signals and uncontrolled intersections.
Iowa: Iowa law also provides pedestrians with right-of-way protections at crosswalks, including requirements for drivers to yield when traffic control signals are absent or not operating.
In all three states, pedestrians must also exercise reasonable care for their own safety. A pedestrian who suddenly enters the roadway without allowing an approaching driver a reasonable opportunity to react may share responsibility for an accident.
Because pedestrian laws vary by state and intersection conditions, determining liability often requires examining the exact circumstances surrounding the crash.
How Traffic Signals Affect Liability
Traffic signals are among the most important factors when determining responsibility for a crosswalk accident.
Pedestrian signals typically display a WALK indication, a flashing DON'T WALK indication or a steady DON'T WALK indication. Each communicates different instructions to pedestrians.
When a pedestrian begins crossing with a WALK signal, drivers must generally yield to that pedestrian, including when turning through the crosswalk.
If a driver ignores a red light or fails to yield while turning, that violation can provide strong evidence of negligence.
However, liability may become more complicated when a pedestrian enters the crosswalk against a traffic signal.
How Visibility and Road Conditions Affect Crosswalk Accidents
Visibility plays a significant role in pedestrian accidents. Drivers must remain alert and adjust their driving to accommodate changing road conditions.
Several factors can make pedestrians more difficult to see, including:
- Poorly lit intersections or crosswalks.
- Heavy rain, snow or fog.
- Sun glare during early morning or evening hours.
- Parked vehicles obstructing a driver's view.
- Trees, signs or other objects blocking visibility.
- Dark clothing worn by pedestrians at night.
While these conditions may contribute to an accident, they do not automatically excuse a driver from responsibility.
For example, a driver approaching a poorly lit crosswalk at night should remain attentive and drive at a speed appropriate for the conditions. If the driver is traveling too fast to react to a visible pedestrian, they may still be found negligent.
Likewise, pedestrians should use reasonable caution when crossing in areas with limited visibility.
Investigators may examine lighting conditions, roadway design, vehicle speed and available sightlines to determine whether the driver or pedestrian could have reasonably avoided the collision.
Can a Pedestrian Be Partially Responsible for a Crosswalk Accident?
Although drivers frequently bear responsibility for pedestrian accidents, there are situations where both the driver and pedestrian may contribute to a collision.
This is where comparative fault becomes important.
Comparative fault is a legal principle used to determine how responsibility should be divided when multiple parties contribute to an accident.
Examples of pedestrian behavior that may contribute to an accident include:
- Crossing against a traffic signal.
- Suddenly stepping into the path of an approaching vehicle.
- Entering a roadway without checking for traffic.
- Walking while distracted by a phone.
- Crossing outside a designated crosswalk when required to yield.
However, a pedestrian's mistake does not automatically eliminate their ability to recover compensation.
Comparative Fault in Wisconsin, Illinois and Iowa
Wisconsin: An injured pedestrian may generally recover damages if their negligence does not exceed the negligence of the person against whom recovery is sought. Their compensation is reduced according to their percentage of fault.
Illinois: Illinois generally follows a modified comparative fault system. An injured pedestrian may recover damages if they are not more than 50% responsible for the accident, with compensation reduced by their percentage of fault.
Iowa: Iowa also follows a modified comparative fault system. An injured pedestrian may generally recover compensation if their fault does not exceed the combined fault of the other parties involved, subject to applicable legal rules.
For example, if a pedestrian suffers $100,000 in recoverable damages and is determined to be 20% responsible, their compensation may be reduced to $80,000.
Because comparative fault can significantly affect the outcome of a personal injury claim, injured pedestrians should avoid assuming they have no case simply because they may have contributed to the accident.
An experienced pedestrian accident attorney can evaluate the evidence and help determine how fault may be assigned.
What Evidence Can Help Prove Liability After a Crosswalk Accident?
Evidence is essential when determining who caused a pedestrian accident. Insurance companies may dispute whether a pedestrian had the right-of-way, whether the driver was distracted or whether the pedestrian contributed to the collision.
Gathering evidence as soon as possible can help establish what happened.
Photos of the Accident Scene
Photographs can provide valuable information about the conditions surrounding a collision.
Useful photographs may include:
- The crosswalk and nearby traffic signals.
- Vehicle damage and the location of the collision.
- Skid marks or debris on the roadway.
- Streetlights, signs and visibility obstructions.
- Weather and roadway conditions.
- Visible injuries sustained in the accident.
These images may help demonstrate whether the driver had sufficient time and visibility to avoid the pedestrian.
Surveillance and Traffic Camera Footage
Video footage can be particularly valuable because it may capture the moments leading up to the collision.
Potential sources include traffic cameras, nearby businesses, residential security systems and dashboard cameras.
Video evidence may help establish whether the pedestrian had the right-of-way, whether the driver stopped appropriately and how the collision occurred.
Because some recording systems automatically delete footage after a short period, it is important to identify and preserve potential recordings quickly.
Witness Statements
Independent witnesses can provide important details about a pedestrian accident.
Someone who observed the collision may be able to describe the traffic signal, the driver's speed or whether the pedestrian was already crossing when the vehicle approached.
If possible, injured pedestrians or their families should collect witness names and contact information.
Police and Crash Reports
A police report can provide an official record of the accident, including the parties involved, statements, roadway conditions and any citations issued.
Although a police report does not necessarily determine legal liability, it can serve as an important starting point when investigating a claim.
Medical records, photographs of injuries and documentation of missed work can also help establish the extent of the pedestrian's damages.
What Compensation May Be Available After a Crosswalk Accident?
Pedestrians often suffer serious injuries because they have little protection when struck by a vehicle.
Common injuries include broken bones, traumatic brain injuries, spinal cord damage, internal injuries and severe cuts or bruises.
Depending on the circumstances, injured pedestrians may be entitled to compensation for:
- Medical expenses: Emergency treatment, hospital stays, surgeries, medications and rehabilitation.
- Lost wages: Income lost while recovering from accident-related injuries.
- Future medical care: Ongoing treatment or assistance required because of permanent injuries.
- Pain and suffering: Physical pain and emotional distress resulting from the collision.
- Loss of earning capacity: Reduced ability to work or earn income because of long-term injuries.
In fatal pedestrian accidents, eligible surviving family members may also be able to pursue a wrongful death claim.
The amount of compensation available depends on the severity of the injuries, available insurance coverage, applicable law and the circumstances of the accident.
How Hupy and Abraham Can Help After a Crosswalk Accident
Determining liability after a crosswalk accident can be complicated, especially when drivers and insurance companies dispute who had the right-of-way.
At Hupy and Abraham, our experienced personal injury attorneys understand the challenges injured pedestrians face while recovering from an accident.
Our legal team can investigate the circumstances of the collision, review crash reports, gather available evidence, communicate with insurance companies and pursue compensation on behalf of injured clients.
We understand that a pedestrian accident can create overwhelming medical bills, missed work and uncertainty about the future. Our goal is to help injured individuals focus on recovery while we handle the legal process.
With decades of experience representing injured individuals throughout Wisconsin, Illinois and Iowa, Hupy and Abraham is committed to fighting for the rights of accident victims and helping them seek the compensation they deserve.
Injured in a Crosswalk Accident? Contact Hupy and Abraham Today!
If you or a loved one has been struck by a vehicle while crossing the street, you may have the right to pursue compensation for your injuries.
Do not let an insurance company determine the value of your claim without understanding your legal options.
The experienced pedestrian accident attorneys at Hupy and Abraham are ready to review your case, explain your rights and help you take the next steps toward recovery.
Contact Hupy and Abraham today at 800-800-5678 for a FREE, no-obligation consultation. Remember, we don't get paid unless we win your case!
Frequently Asked Questions About Crosswalk Accidents
1. Is a driver always at fault for hitting a pedestrian in a crosswalk?
No. Although drivers must yield to pedestrians when required by law, liability depends on traffic signals, driver behavior and whether the pedestrian followed applicable traffic laws.
2. Can I receive compensation if I was partially at fault for a crosswalk accident?
Yes, depending on your percentage of fault and the state where the accident occurred. Wisconsin, Illinois and Iowa have comparative fault laws that may allow injured pedestrians to recover reduced compensation.
3. What should I do immediately after being hit in a crosswalk?
Seek medical attention, contact the police and document the accident scene if you can do so safely. Collect witness information and consider speaking with an experienced pedestrian accident attorney before accepting an insurance settlement.
4. What if a driver hits me in a crosswalk at night?
A driver may still be held responsible if they failed to use reasonable caution or adjust their speed for limited visibility. Lighting, clothing, traffic signals and other circumstances may also be considered when determining fault.
5. How can a pedestrian accident attorney help prove the driver was negligent?
An attorney can investigate the accident, obtain available surveillance footage, review police reports, interview witnesses and evaluate whether the driver violated traffic laws or failed to exercise reasonable care.
