You had the right of way. You were in the crosswalk, doing everything right, and a driver still hit you. Now you are dealing with injuries, mounting medical bills, and an insurance company that wants to pay as little as possible. The Appleton pedestrian accident lawyers at Brian Hodgkiss Injury Lawyers can help you understand your rights and pursue fair compensation for what you have been through. 

Crosswalk crashes leave pedestrians with some of the most serious injuries on the road because there is no buffer between you and a vehicle that weighs thousands of pounds. Brian Hodgkiss built his firm to be the approachable, local advocate for injured people across Appleton and the Fox Cities. When you need answers, you can Bank on Brian. Contact us for a free consultation. With our No Fee Guarantee, you pay nothing unless you recover. 

Wisconsin Crosswalk and Pedestrian Right-of-Way Laws 

Wisconsin law gives pedestrians strong protection in crosswalks, but that protection is not absolute. Knowing the rules helps you understand who was at fault when a crash happens. 

Under Wisconsin Statute § 346.24, a driver approaching an uncontrolled intersection or crosswalk must yield the right of way to a pedestrian crossing in a marked or unmarked crosswalk. A marked crosswalk has painted lines or signs. An unmarked crosswalk is the spot where a sidewalk would naturally continue across the road at an intersection, even when no lines are painted. Drivers owe you the same duty to yield in both. 

At intersections controlled by traffic signals, Wisconsin Statute § 346.23 requires drivers to yield to pedestrians who have started crossing on a walk signal or green light. 

One rule surprises many drivers and directly protects you. When a vehicle stops to let you cross, a driver behind it may not pass that stopped vehicle. These passing crashes are among the most dangerous, because the second driver often does not see you until it is too late. 

Pedestrians have responsibilities too. If you cross outside a crosswalk, Wisconsin Statute § 346.25 requires you to yield to traffic, and you cannot step off a curb into the path of a car that is too close to stop. These rules matter because Wisconsin weighs the fault of everyone involved, which we explain below. For a broader look at pedestrian claims beyond crosswalks, see our Appleton pedestrian accident lawyer page. 

Who Is at Fault in an Appleton Crosswalk Accident? 

Proving fault is the heart of any crosswalk accident claim. To recover compensation, you generally need to show four things: the driver owed you a duty of care, the driver breached that duty, the breach caused your injuries, and you suffered real losses as a result. 

Most crosswalk crashes come down to a driver who failed to yield. The patterns we see most often in Appleton include: 

• Failure to Yield: A driver rolls through a crosswalk or never slows down for a pedestrian who has the right of way. 

• Right-Hook Turns: A driver turning right on red watches for cars coming from the left and never looks for the person crossing in front of them. 

• Left Turns Across a Crosswalk: A driver focused on a gap in oncoming traffic turns into a pedestrian crossing the street. 

• Distracted Driving: A driver looking at a phone misses the crosswalk and the person in it. 

• Speeding: A driver going too fast cannot stop in time, and the faster the vehicle, the worse the injuries. 

Wisconsin follows a modified comparative negligence rule under Wisconsin Statute § 895.045. You can recover compensation as long as you were not more at fault than the driver. If you are found 51 percent or more responsible, you recover nothing. If you share a smaller portion of the blame, your compensation is reduced by your percentage of fault. For example, if a jury values your claim at $100,000 and finds you 20 percent at fault, you would recover $80,000. 

This is exactly why insurance companies try to pin part of the blame on you. They may claim you stepped off the curb too quickly or were not paying attention. Strong evidence guards against these tactics. Traffic camera or business surveillance footage, witness statements, the police report, and photos of the scene all help establish what really happened. The driver’s auto insurance usually pays a crosswalk claim, and our Appleton car accident attorneys deal with these same insurers every day. 

What to Do After Being Hit in a Crosswalk 

What you do in the hours and days after a crosswalk accident can shape both your recovery and your claim. 

• Get medical care right away. Adrenaline can hide serious injuries. Let paramedics evaluate you, and see a doctor even if you feel okay. Hospitals in the Appleton area, such as Ascension St. Elizabeth Hospital and ThedaCare Regional Medical Center, treat pedestrian injuries regularly. 

• Call the police. A police report creates an official record of the crash and the officer’s findings. Wisconsin requires reporting accidents that involve an injury. 

• Gather information. If you are able, collect the driver’s name, license, and insurance details, as well as the names of any witnesses. 

• Document the scene. Photos of the crosswalk, the vehicle, your injuries, and the signals or signage can become key evidence. 

• Hold off on recorded statements. The driver’s insurance company may call quickly. You are not required to give a recorded statement before speaking with a lawyer. 

Acting promptly matters for legal reasons too. Under Wisconsin Statute § 893.54, you generally have three years from the date of the accident to file a personal injury lawsuit. Three years can feel like plenty of time, but evidence disappears, memories fade, and witnesses move. The sooner you start, the stronger your case. 

Compensation Available After a Crosswalk Accident 

A crosswalk accident can leave you with bills that pile up fast and losses that are harder to put a number on. Wisconsin law allows injured pedestrians to pursue two broad categories of damages. 

Economic damages cover your measurable financial losses. These include emergency treatment, surgery, hospital stays, follow-up care, physical therapy, medication, and future medical needs. They also include lost wages and reduced earning capacity if your injuries keep you from working. 

Non-economic damages cover the human cost of the crash, such as pain and suffering, emotional distress, disfigurement, and the loss of activities you once enjoyed. Pedestrian crashes often cause severe harm, including broken bones, spinal injuries, and traumatic brain injuries that can change a person’s life. 

The value of any claim depends on the specific facts, so no lawyer can promise a particular result. What an experienced crosswalk accident lawyer can do is build a complete picture of your losses and push for full and fair compensation. If you want to talk through what your claim might involve, you can contact us for a free consultation. 

Hit-and-Run and Uninsured Driver Crosswalk Accidents 

Some of the hardest crosswalk cases involve a driver who flees or who carries little or no insurance. You still have options. 

If the driver leaves the scene, report the hit-and-run to the police immediately. A partial license plate, a vehicle description, or nearby camera footage can help officers identify the driver. If the driver is never found, you may still be able to recover through your own uninsured motorist coverage. 

Wisconsin requires insurers to offer uninsured and underinsured motorist coverage under Wisconsin Statute § 632.32. This coverage can step in when the at-fault driver cannot be identified or does not carry enough insurance to cover your losses. As a pedestrian, your own auto policy can often protect you even though you were on foot. 

Underinsurance is a real risk in Wisconsin. The state’s minimum liability limits under Wisconsin Statute § 344.15 are $25,000 for bodily injury to one person and $50,000 per accident. Serious crosswalk injuries can quickly blow past those limits, which is why your own coverage and a careful look at every available policy matter so much. 

Crosswalk Accidents Involving Children 

Children are especially vulnerable in crosswalks. They are smaller and harder for drivers to see; they may dart out between parked cars, and they do not always judge traffic the way adults do. School zones, bus stops, and busy intersections near parks and shopping areas are common places for these crashes. 

If your child was hurt in a crosswalk, you can pursue a claim on their behalf. Wisconsin also gives injured children more time to bring a claim. Under Wisconsin Statute § 893.16, the filing deadline is generally tolled until the child turns 18, and then that child has two years to file. Even with that extra time, gathering evidence early gives your child the strongest possible case. 

Fatal Crosswalk Accidents and Wrongful Death Claims 

Losing a loved one in a crosswalk accident is devastating, and no legal claim can undo that loss. A wrongful death claim exists to ease the financial weight that follows and to hold the responsible driver accountable. 

In Wisconsin, certain family members can bring a wrongful death claim, including a surviving spouse, children, or parents. Under Wisconsin Statute § 893.54(2m), the claim generally must be filed within two years of the death. Damages may include medical and funeral expenses, lost financial support, and the loss of society and companionship, as provided under Wisconsin Statute § 895.04. If your family is facing this kind of loss, you do not have to sort through the legal questions alone. Brian and his team handle these cases with the care and patience they deserve. 

Frequently Asked Questions 

Do Pedestrians Always Have the Right of Way in a Crosswalk in Wisconsin? 

Not always, but Wisconsin law strongly protects pedestrians in crosswalks. Drivers must yield to a pedestrian crossing in a marked or unmarked crosswalk under Wisconsin Statute § 346.24. You can lose that protection if you step into the road suddenly when a car is too close to stop, or if you cross outside a crosswalk. 

What Is the Difference Between a Marked and an Unmarked Crosswalk? 

A marked crosswalk has painted lines, signs, or signals. An unmarked crosswalk is the area where a sidewalk would naturally continue across the road at an intersection, even with no paint on the ground. Drivers must yield to pedestrians in both cases. 

What if I Was Partially at Fault for My Crosswalk Accident? 

You can still recover compensation as long as you were not more at fault than the driver. Wisconsin uses a modified comparative negligence rule, so if you are 51 percent or more responsible, you cannot recover. If your share of fault is lower, your compensation is reduced by that percentage. 

How Long Do I Have to File a Crosswalk Accident Claim in Wisconsin? 

You generally have three years from the date of the accident to file a personal injury lawsuit under Wisconsin Statute § 893.54. Different deadlines can apply, such as for claims involving a government vehicle or an injured child, so it is wise to talk with a lawyer early. 

What Can I Do if the Driver Who Hit Me Had No Insurance or Fled the Scene? 

Report the crash to the police right away, and try to note any details about the vehicle. You may be able to recover through your own uninsured or underinsured motorist coverage, which Wisconsin insurers are required to offer. A lawyer can help you identify every policy that might apply. 

Can I File a Claim if My Child Was Hurt in a Crosswalk? 

Yes. A parent or guardian can pursue a claim on behalf of an injured child. Wisconsin also pauses the filing deadline for minors until the child turns 18, though gathering evidence early still gives your child the strongest case. 

Who Can File a Wrongful Death Claim After a Fatal Crosswalk Accident? 

Wisconsin allows certain close family members to file, including a surviving spouse, children, or parents. The claim must generally be filed within two years of death and may seek damages such as funeral costs, lost support, and loss of companionship. 

How Much Does It Cost to Hire a Crosswalk Accident Lawyer? 

At Brian Hodgkiss Injury Lawyers, you pay nothing upfront. We work on a contingency basis under our No Fee Guarantee, which means you owe no attorney fee unless you recover. Your consultation is always free. 

Talk to an Appleton Crosswalk Accident Lawyer Today. 

A crosswalk accident can turn your life upside down in a matter of seconds. You should not have to face the medical bills, the insurance calls, and the long road to recovery on your own. Brian Hodgkiss Injury Lawyers helps injured pedestrians across Appleton and the Fox Cities understand their rights and pursue fair compensation. 

Brian built this firm to be the kind of local advocate you can reach and trust. When you need someone in your corner, you can Bank on Brian. Contact us for a free consultation. With our No Fee Guarantee, you pay nothing unless you recover.