Under Wisconsin law, a pedestrian has a duty to exercise ordinary care. Wisconsin Jury instruction 1095, LOOKOUT: PEDESTRIAN, reads as follows:
“A pedestrian, who enters and crosses a street or highway on a crosswalk, must use ordinary care to observe timely the presence, location, and movement of vehicles that may be approaching.”
What happens when a pedestrian crosses a street or highway outside of the crosswalk?
The same jury instruction 1095, goes on to state that;
“When a pedestrian crosses at a place other than a crosswalk, it is the pedestrian’s duty to maintain a lookout reasonably necessary to enable the pedestrian to yield the right of way to vehicles.”
There is also a statutory provision that governs pedestrians crossing at a place other than a crosswalk;
s. 346.25 CROSSING AT PLACE OTHER THAN CROSSWALK. “Every pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.”
What does this all mean? It means if you are a pedestrian and are lawfully crossing a road or highway in the crosswalk, you have the right of way. You have duty to exercise ordinary care, but vehicles must be on the lookout for you and yield to you to avoid running a person over. The same is not true, when you jaywalk and cross a road or highway other than in the crosswalk. When a pedestrian does that, the pedestrian has the duty to yield the right of way to vehicles on the roadway.
If you have questions about being injured in pedestrian related accident, contact the experienced personal injury lawyers at Karp & Iancu, S.C. today.