Pedestrian Accident Claims in Wisconsin
When drivers in Wisconsin must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: At an intersection or crosswalk not controlled by signals or an officer, drivers must yield to a pedestrian (or bicyclist using the crosswalk) crossing within a marked or unmarked crosswalk. Wis. Stat. §§ 346.24, 346.25
| Pedestrian right-of-way | At an intersection or crosswalk not controlled by signals or an officer, drivers must yield to a pedestrian (or bicyclist using the crosswalk) crossing within a marked or unmarked crosswalk. Pedestrians may not suddenly leave a curb into the path of a vehicle so close that it is difficult for the driver to yield, and drivers may not pass a vehicle stopped to let a pedestrian cross. A pedestrian crossing anywhere other than within a marked or unmarked crosswalk must yield to all vehicles. Read in the 2023-24 Wisconsin Statutes PDF on docs.legis.wisconsin.gov (updated through 2025 Wis. Act 247, published 10-1-26). Source: Wis. Stat. §§ 346.24, 346.25 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share. Source: Wis. Stat. § 895.045(1) |
| Minimum car insurance | Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage. |
| Deadline to sue for an injury | Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident. Source: Wis. Stat. § 893.54(1m)(a) |
More Wisconsin personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Wisconsin
- Wrongful Death Lawsuits in Wisconsin
- Medical Malpractice Rules in Wisconsin
- Car Accident Claims in Wisconsin
- Dog Bite Liability in Wisconsin
- Slip, Trip and Fall Injuries in Wisconsin
- Sidewalk and Public Property Falls in Wisconsin
- Motorcycle Accident Claims in Wisconsin
- Bicycle Accident Claims in Wisconsin
- Uber and Lyft Accident Claims in Wisconsin
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- All Wisconsin personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Wisconsin?
At an intersection or crosswalk not controlled by signals or an officer, drivers must yield to a pedestrian (or bicyclist using the crosswalk) crossing within a marked or unmarked crosswalk. Pedestrians may not suddenly leave a curb into the path of a vehicle so close that it is difficult for the driver to yield, and drivers may not pass a vehicle stopped to let a pedestrian cross. A pedestrian crossing anywhere other than within a marked or unmarked crosswalk must yield to all vehicles.
Can you recover damages if you were partly at fault in Wisconsin?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share.
What is the minimum car insurance required in Wisconsin?
Minimum liability limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage.
What is the statute of limitations for personal injury in Wisconsin?
Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.