Pedestrian Accident Attorney
Get Expert Help From An Attorney in Oshkosh, Madison, Montello, and the surrounding areas
Gregory Wright Law Offices, SC
provides quality personal injury
representation for pedestrian accident victims in Oshkosh, Madison, Montello
and throughout the state of Wisconsin.
When Do Pedestrians Have The Right-Of-Way?
If you are a pedestrian who was struck by a motor vehicle, you have the right to and should discuss your options with an attorney. Often people think pedestrians only have the right-of-way if, (1) they are walking against traffic, (2) they are in a clearly marked crosswalk, or (3) are being allowed to walk because of a "WALK" signal. While pedestrians should do all of these things for their own safety, there are other situations where pedestrians could have the right-of-way or at least are not solely responsible or at fault for the accident.
Pedestrians in an unmarked crosswalk have the right-of-way as long as they are using diligence when walking across streets, leaving enough time and distance for the approaching vehicle to come to a stop and yield to the pedestrian. As long as the pedestrian is alighting from a sidewalk opening onto the roadway, headed to another sidewalk across from it, cars must yield to them, regardless of whether or not there are lines indicating the crosswalk is there.
It's also important to note that once a pedestrian is in the process of crossing the street, vehicles must yield to the pedestrian. This is particularly true and important when a "WALK" symbol turns to "DON'T WALK" partway through a pedestrian's journey across the road. As long as the "WALK" symbol was on when they initially entered the roadway, the pedestrian reserves the right-of-way until they reach the other side.
When Don't Pedestrians Have The Right-Of-Way?
It is a common misconception that pedestrians always have the right of way. If a pedestrian is crossing the street at a place other than a marked or unmarked crosswalk, it is then the duty of the pedestrian to yield the right of way to any approaching vehicles.
What Are My Rights As A Utility/Road Construction Worker?
Individuals working on roadways/walkways, such as utility workers or road construction workers, actually have a lesser duty of care to be alert for dangers around them due to the need for their attention to be on work-related tasks. As a utility or construction worker you must still act prudently for your safety but only to a degree that other reasonable workers in your situation would have to.
In consideration of an accident between a vehicle and road construction worker or their equipment, the law looks more favorably on the worker as the burden of safety falls more heavily on the motor vehicle operator.
What About Pedestrians Walking On Roadways?
The law requires pedestrians to walk on the left side of a highway/roadway if there is no sidewalk to walk on. This means, as a pedestrian, you must face traffic so you can see approaching vehicles and act accordingly if need be.
However, if a person was not walking on the left side when an accident occurred, that does not automatically mean all hope is lost. One must still look at the totality of the circumstances to determine why the person was walking on the wrong side of the road and if the vehicle approaching should have seen this person and acted accordingly. Our firm has a history of winning cases like these.
Other Important Considerations
Weather conditions such as slippery roads, fog, or other obstructions can hinder a driver's visibility and drivers need to take extra precautions and be aware of, not only other drivers, but pedestrians as well.
A large number of pedestrian accidents tend to happen when a driver is backing out of a driveway. Backup cameras have not necessarily improved on this, as drivers tend to rely too much on their cameras and fail to properly clear sidewalks and roadways they are crossing or entering.
No matter the circumstances, if you were injured in a pedestrian accident, you should contact an attorney to discuss your rights and responsibilities.
The National Highway Traffic Safety Administration (NHTSA) has a list of basic pedestrian safety tips:
1.
Be predictable. Follow the rules of the road and obey signs and signals.
2.
Walk on sidewalks whenever they are available.
3.
If there is no sidewalk, walk facing traffic and as far from traffic as possible.
4.
Keep alert at all times; don’t be distracted by electronic devises that take your eyes (and ears) off the road.
5.
Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians. Look for cars in all directions, including those turning left or right.
6.
If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
7.
Never assume a driver sees you. Make eye contact with drivers as they approach to make sure you are seen.
8.
Be visible at all times. Wear bright clothing during the day, and wear reflective materials or use a flashlight at night.
9.
Watch for cars entering or exiting driveways, or backing up in parking lots.
10.
Avoid alcohol and drugs when talking; they impair your abilities and your judgment.
Ensure The Best Results For Your Case
When you choose Gregory Wright Law Offices, SC, you can rest assured knowing you are receiving the highest quality legal services. We bring passion and drive to every case we take on ensuring the best chance of a successful outcome for each of our clients. Trust in our dedication and expertise to help you get the most positive resolution to your claim.
More Than Four Decades of Experience
We have over four decades of experience and we are ready to provide the cutting-edge legal services you need to ensure the success of your pedestrian accident case. We cater to your specific needs to guarantee the best results for your claim.
Schedule a Consultation
Contact us to schedule a consultation for pedestrian accident representation in Oshkosh, Madison, Montello, and the nearby areas. Give us a call at 608-960-9951 today.
