Not all drivers pay close attention to their surroundings. Drivers often check text messages, adjust the radio, or get distracted by other passengers in the car. Some drivers drink and operate their vehicle under the influence of drugs. Accidents can result from a variety of reasons such as the driver failing to yield the right of way, not coming to a full stop at a stop sign or speeding down residential streets.
Just like automobile operators, Wisconsin law requires pedestrians to obey rules of the road. For example, pedestrians must yield for vehicles when crossing a road where there is no intersection or crosswalk and must do the same when they do not have a green light or walk signal. However, in many cases, pedestrians who are injured by vehicles are not at fault.
In several cases, it is the responsibility of the driver to ensure that they do not cause injury to pedestrians or bicyclists. Even if you were technically jaywalking and were hit while crossing, this does not necessarily absolve the driver of total responsibility under Wisconsin law. If the driver had adequate time to make an effort to avoid hitting you and did not, they may still be responsible for being reckless, negligent, or distracted.
If you or a loved one has been injured in a pedestrian accident caused by the negligence or fault of another person, contact Levine Lyon & Eisberner LLC so that we can help you receive the financial compensation you deserve.