Mark A. Eisenberg | September 8, 2026 | Pedestrian Accidents
Pedestrians in Madison, Wisconsin, generally have the right-of-way when crossing within a marked or unmarked crosswalk where traffic is not controlled by signals or a traffic officer. However, that right is not absolute. Pedestrians cannot suddenly enter the path of a vehicle that is too close for the driver to yield.
At controlled intersections, pedestrians and drivers must follow applicable signals. Knowing where a pedestrian was crossing and whether the intersection was controlled can be important when determining right-of-way.
Under Wis. Stat. § 346.24, drivers must yield to pedestrians crossing within marked or unmarked crosswalks where traffic is not controlled by traffic signals or an officer. However, pedestrians cannot suddenly leave a curb or other place of safety and enter a vehicle’s path when it is too close for the driver to yield.
Wisconsin’s basic rules include:
Wisconsin law also prohibits a driver approaching from behind from passing a vehicle that has stopped at an intersection or crosswalk to permit a pedestrian or bicyclist to cross.
Wisconsin law protects pedestrians using both marked and unmarked crosswalks. A crosswalk does not necessarily need painted lines for pedestrian right-of-way rules to apply.
At locations covered by Wis. Stat. § 346.24, the law expressly applies to both types of crosswalks. Drivers should not assume that pedestrians must yield simply because painted crosswalk lines are absent.
Eisenberg Personal Injury Lawyers handles pedestrian accident claims throughout Wisconsin. With more than 140 years of combined legal experience and over $100 million recovered for injured clients, our attorneys understand how evidence about crosswalks, traffic controls, and driver conduct can affect a pedestrian accident claim.
A pedestrian crossing somewhere other than a marked or unmarked crosswalk must yield to vehicles on the roadway under Wis. Stat. § 346.25.
Crossing outside a crosswalk does not automatically make a pedestrian responsible for a collision. Fault can depend on the actions of everyone involved, including whether the driver was speeding, distracted, impaired, or otherwise negligent.
Yes. Under Wis. Stat. § 895.045, an injured person’s negligence does not bar recovery when it is not greater than the negligence of the person from whom compensation is sought. Any recovery is reduced according to the injured person’s share of fault.
Therefore, the fact that a pedestrian crossed outside a crosswalk does not by itself resolve liability after a Madison pedestrian accident.
Yes. Wisconsin traffic signals apply to pedestrians as well as motorists. Wis. Stat. § 346.37 addresses traffic-control signals, while Wis. Stat. § 346.23 governs pedestrian right-of-way at intersections and crosswalks controlled by signals or traffic officers.
Pedestrians should follow applicable pedestrian and traffic signals. Drivers turning through an intersection must also account for pedestrians lawfully crossing.
No. Right-of-way depends on where and how the pedestrian crosses. Pedestrians crossing outside a marked or unmarked crosswalk generally must yield to roadway traffic.
No. Wis. Stat. § 346.24 expressly applies to both marked and unmarked crosswalks where traffic is not controlled by signals or a traffic officer.
Seek appropriate medical care, report the collision, preserve available evidence, and document your losses. Questions about liability can depend on the crosswalk, traffic signals, and actions of both the driver and pedestrian.
Pedestrian accident claims can turn on details such as where the pedestrian was crossing, which traffic signals applied, and what the driver was doing before the collision. Wisconsin’s comparative negligence law can also affect compensation when both parties share responsibility.
Eisenberg Law Offices S.C. is a trusted pedestrian accident law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
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